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Interpreting FTC's New Endorsement Guidelines

By Alan L. Friel
December 21, 2009

This series examines changes to the Federal Trade Commission (FTC) guidelines for product endorsements and testimonials. The revised new guidelines took effect Dec. 1, 2009.

Section 255.2: Consumer Endorsements

The section on the use of consumer endorsements and testimonials in advertising is the most heavily amended section in the FTC's Guides. The New Guides require advertisers employing consumer endorsers to “possess and rely upon adequate substantiation, including, when appropriate, competent and reliable scientific evidence, to support efficacy claims made through endorsements, just as the advertiser would be required to do if it had made the representation itself.” Anecdotal evidence about the individual experience of consumers is not sufficient to substantiate claims, and if the consumer's message is deemed a sponsored message, the advertiser is responsible for what is said.

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