Last week on June 29th, the Federal Trade Commission (FTC) released long-awaited revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides” or “Guides”), which were last updated in 2009. The revised Endorsement Guides largely track a proposed draft released in May 2022. In addition to the Guides, the FTC also released helpful FAQs (officially known as “FTC’s Endorsement Guides: What People Are Asking”) that cover dozens of scenarios that brands and influencers may encounter.
The Endorsement Guides are not law in themselves, but instead provide the FTC’s guidance for complying with its rules and enforcement authority. This newest edition of the Endorsement Guides has a particular focus on consumer reviews and review manipulation, which are also the subject of a proposed FTC rule that was released on June 30, 2023. The FTC is clearly signaling that its enforcement efforts will target deceptive consumer review practices. The Endorsement Guides also include greater guidance on required material connection disclosures for endorsers (especially as it relates to social media advertising), a discussion of intermediary liability, and an emphasis on child-directed advertising. This article highlights five key takeaways for brands that utilize endorsements and testimonials in their advertising.
