Endorsements and Testimonials

The Federal Trade Commission (FTC) has made changes to its Guides Concerning the Use of Endorsements and Testimonials that are far less burdensome to honest advertisers than those originally proposed. The FTC has 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. It is now clear 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.
 

See a video from our Spotlight Sessions:

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

• Read the Current Guides - http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf
• Read the Original Proposal -  www.ftc.gov/os/2008/11/P034520endorsementguides.pdf
• Read our FTC Comments - choose from the short comments or the detailed comments

In December 2009, ERA held an educational series entitled ERA Spotlight Sessions: Endorsements and Testimonials, to help the industry prepare for the changes.

More FTC Filings 

• 2009 Full Comments
• 2009 Coalition Comments
• 2009 Extension
• 2007 Comments
• 2007 Extension Granted 

Congressional Advocacy

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

• View the hearing video