FTC Guides Governing Endorsements

On December 1, 2009, the Federal Trade Commission ("FTC") implemented changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising ("Guides").  The revised Guides, which were last updated in 1980, contain material changes and clarifications to the FTC's positions concerning statements featured in product endorsements and consumer testimonials (particularly with respect to atypical results) and disclosure of material connections between advertisers and endorsers.  These changes and clarifications also are applicable to non-traditional advertising, including through social media.

What Constitutes An Endorsement?

Section 5 of the Federal Trade Commission Act (the "FTC Act"), 5 U.S.C. §45(a), prohibits the use of  "unfair or deceptive acts or practices in or affecting commerce."  The Guides are the FTC's administrative interpretations of the FTC Act and are intended to guide advertisers in complying with that statute.  The Guides are not