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ARTICLE · 01 APRIL 2020

Phony Endorsements In FTC Sights Again

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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Guess what? You can't endorse yourself! Well, you can (and if you're living in the White House, you often do), but if you do,...

United StatesMedia, Telecoms, IT, Entertainment

Guess what?  You can't endorse yourself!  Well, you can (and if you're living in the White House, you often do), but if you do, you need to make it clear that it's you doing the endorsing! 

That's one of the issues involved in the FTC's recent $8.6 Million Dollar settlement with Health Center, Inc., a company selling so-called health and wellness products to older consumers under the Rejuvi brand name which purported – without any clinical support -- to cure a number of serious illnesses, such as cancer, heart disease, diabetes and Alzheimer's.  The defendants marketed these products through ads and telemarketing.  And their ads included testimonials from their own employees in the guise of testimonials from ordinary consumers.   As the FTC has made clear in numerous enforcement actions, ads that include testimonials and endorsements from a company's employees must clearly and conspicuously disclose the "material connection" between the advertiser and the endorser.

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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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