FTC Releases Final Updates To Endorsement Guides

On June 29, 2023, the Federal Trade Commission ("FTC") released its final version of its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Revised Endorsement Guides"). The Revised Endorsement Guides closely resemble the revisions the FTC proposed in May 2022 (which we previously summarized here) with some minor modifications. Below is a brief overview of a few notable final changes:

1. Articulating a new principle regarding not procuring, suppressing, organizing, editing, publishing, upvoting, downvoting, or reporting consumer reviews in ways that likely distort what consumers really think of a product.

In the May 2022 proposed revisions, the FTC proposed adding a new section to the Endorsement Guides prohibiting advertisers from procuring, suppressing, boosting, organizing, or editing consumer reviews of their products or services in a way that distorts or otherwise misrepresents what consumers think of their