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ARTICLE · 17 OCTOBER 2022

FTC Says Rulemaking On Endorsements Is Coming

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The FTC said it is going to seek comment on the prevalence of fake and deceptive reviews and the consumer harms arising from them, among other issues.

United StatesMedia, Telecoms, IT, Entertainment

In a notice announcing an upcoming meeting of the Federal Trade Commission, the FTC indicated that it plans to begin a rulemaking on "Fake Reviews and Endorsements." The FTC said that, at the meeting, it plans to vote on whether to issue an Advance Notice of Proposed Rulemaking to "initiate a rulemaking proceeding addressing fake reviews and other endorsements, which can cheat consumers and honest businesses alike." The FTC said it is going to seek comment on the prevalence of fake and deceptive reviews and the consumer harms arising from them, among other issues.

This is an interesting development on the endorsement front, since the FTC is already in the middle of updating its Endorsement Guides -- which have guided marketers since 1980. (A detailed discussion of the FTC's plans there is available here.) This suggests that the FTC feels that, after all these years, it's not enough just to update its non-binding guidance on the use of endorsements and that,

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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