New FTC Guidelines For Endorsements And Testimonials Released

The Federal Trade Commission ("FTC" or the "Commission") has released its updated Endorsement Guides for 2023. The FTC Guidelines "at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading."

The FTC Guidelines concerning the use of endorsements and testimonials in advertising require that "[i]f there's a connection between an endorser and the marketer that a significant minority of consumers wouldn't expect and it would affect how they evaluate the endorsement, that connection should be disclosed clearly and conspicuously."

While the FTC Guidelines themselves have no legal force, practices inconsistent with the Guidelines may result in law enforcement action under Section 5 of the FTC Act.