Endorsements & Testimonials

Edorsments and Testimonials have always been an important marketing technique for industry participants.  Working with the Federal Trade Commission (FTC), ERA was instrumental in ensuring that its Guides Concerning the Use of Endorsements and Testimonials were far less burdensome to honest advertisers than those originally proposed. The FTC had indicated a willingness to consider disclaimers as part of the evaluation of the net impression the advertisement creates. There is no absolute requirement to provide an average result for the success of a product in practice, although such information is welcome, and competent and reliable scientific evidence is still required for many claims. FTC guidance now clearly indicates that new media endorsers must disclose that they have given a free product or other compensation to a reviewer where such compensation could materially affect the credibility of the review. It is also clear that an advertiser may have liability for the statements of an endorser if they have failed to implement sufficient monitoring and training.

ERA’s work with FTC and on the Hill played an important role in mitigating these changes. We submitted detailed comments to the FTC, which you may view below.

 FTC Filings 

Congressional Advocacy

In addition to dozens of meetings and contacts with key Hill staffers, two ERA members testified before the Senate Commerce Committee.

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