FTC Endorsement Guides Require Attention: Lawyer

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The Federal Trade Commission (FTC) has published in the 7/26 Federal Register long-anticipated draft proposed revisions to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Comments can be submitted by 9/26.

An online post by Kleinfeld, Kaplan & Becker attorney Samantha Hong expects the revisions to remain “largely intact when finalized,” and recommends that companies/marketers “evaluate and update their advertising and marketing practices, especially in the social media context, to ensure ongoing compliance and to avoid becoming targets for FTC enforcement.” The attorney says some actions to consider may include:

  • Developing robust internal policies for endorsers regarding misleading statements and disclosure of material connections.
  • Establishing systems to monitor endorser activities and to take swift actions to remedy endorser non-compliance.
  • Developing standard disclosure policies across all social media platforms to ensure any necessary disclosures are “unavoidable” and easily understood.
  • Training sales and marketing personnel in FTC rules and company policies for endorsements.

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