FTC Advertising Rules Archives - Page 4 of 7

New Rules: Endorsements & Testimonials in Marketing

Attorney Kevin Hutchinson wrote a scholarly article about the FTC’s new ad rule and posted it on Joel Comm’s website.

Those were the days-the days when a marketer could use an actual quote from a real person that has used your product as a marketing endorsement or testimonial to capture the aspirations of your potential customers. As of December 1, 2009, those days are gone.

Maybe that’s a good thing for many consumers, because some marketers have been slimy with their marketing efforts. However, it’s safe to say that most marketers are honest and sincerely offer products and services designed to help their clients feel better or make money. Both will definitely be affected by the new Guidelines released by the Federal Trade Commission (FTC) which take effect December 1st.

Give Your Testimonials a Reality Check

Copywriting guru Michael Fortin: “After reading and re-reading the latest FTC guidelines, I’ve come to some important conclusions that I want to share with you. Particularly as they relate to testimonials. . . . It’s a huge benefit to those who understand copywriting, because they can actually turn around and use the FTC rulings to their advantage. Even make more sales as a result.”

How to Comply with the New FTC Ad Guidelines

Mike Young, the attorney whose blog is called Internet Law & Business Blog has written several articles on the FTC’s new advertising rules applicable to websites. The articles are:

“Testimonials, Federal Trade Commission, and Your Website.”
“FTC Fools: Nonlawyers Misinterpret New Advertising Guidelines.”
“How to Comply with the New FTC Compensation Disclosure Guidelines” (pdf format)

New F.T.C. Rules Have Bloggers and Twitterers Mulling

New York Times: “Beginning Dec. 1, bloggers, Twitterers and many others who write online product reviews must disclose the receipt of free merchandise or payment for the items they write about. The guidelines, an update of the F.T.C.’s 1980 guide concerning the use of endorsements and testimonials in advertising . . . .”

Where Did You Get That Keychain?

City-Journal: Overlawyered’s Walter Olson wrote an excellent article on the FTC’s new ad/testimonial rules. “New guidelines on freebies target bloggers but go easy on traditional outlets. If there was any doubt that sweeping regulation—big, shoot-for-the-moon regulation—was back in favor in Washington, it was laid to rest on October 5, when the Federal Trade Commission published 81 pages of new guidelines asserting authority over product endorsements and testimonials, particularly those published in blogs, Facebook, Twitter, and other social media. From the early coverage, you might have thought the guidelines were mostly of concern to the calculating Madison Avenue types who send baby-product and cosmetics swag to mommy-bloggers as part of nefarious “buzz marketing” campaigns. But the new guidelines are much broader than that. They lay out potential theories of liability for many bloggers and online commentators with more traditional literary, political, or journalistic profiles.”

See the FTC’s new guidelines.

See also Walter Olson’s October 16, 2009, post on this topic.