FTC Has New Rules For Using Testimonials
This blog entry was posted on November 13, 2009.
Effective December 1, 2009 new FTC rules take effect on how companies may use testimonials from their customers. The new rules affect the use of testimonials and endorsements in print, broadcast and Internet advertising. These guidelines have not been updated since 1980.
The FTC position is that an endorsement or testimonial is essentially a public claim by an advertiser. The advertiser is responsible for the accuracy and to ensure it does not mislead in any way.
Website owners will have to show the actual typical results that can be expected along with the testimonials that show spectacular results. It will no longer be acceptable to say “results not typical” or “your results may vary.” Advertisers will have to state what the typical results are based on actual research data.
An example would be a weight loss product that has a testimonial from someone who lost 100 pounds while typical results may only be 8 pounds.
Bloggers will have to disclose if they are paid to review or endorse a product. This could include not only direct payments, but also books received for review, advance screenings of movies for critics and even Amazon affiliate links when a reviewer does review a book and then supplies a purchase link for readers.
According to statements by David Vladeck, Head of the FTC’s Bureau of Consumer Protection “Disclaimers of guidelines are not working. Misuse has been especially prevalent in weight-loss products.”
According to attorney Kevin Houchin, the goal of these new guidelines is to keep marketers honest and responsible to “tell the truth, the whole truth, and nothing but the truth.” It is expected that the FTC will contact you and give you a chance to stop using the ad or make changes to the ad to bring it into compliance before taking stronger actions.
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