| Comment Number: | 527492-00003 |
| Received: | 3/12/2007 11:23:30 PM |
| Organization: | |
| Commenter: | James Petkun |
| State: | PA |
| Agency: | Federal Trade Commission |
| Rule: | Endorsement Guides Review |
| Attachments: | 527492-00003.pdf Download Adobe Reader |
Comments:
I am thankful to the FTC for providing me the opportunity to comment on the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (the --Guides--) as part of the Commission’s systematic review of all current regulations and guides. I respectfully suggest to the FTC that there is a continuing need for the Guides. Furthermore, I believe that the Guides have provided a real benefit to consumers. Therefore, I propose that the FTC: (1) maintain the Guides, and (2) consider creating even more stringent requirements based on today's changing technology. The two studies commissioned by the FTC give strength to my conclusions. Indeed, both --The Effect of Consumer Testimonials and Disclosures of Ad Communication for a Dietary Supplement-- and --Effects of Consumer Testimonials in Weight Loss, Dietary Supplement and Business Opportunity Advertisements-- prove the important effects that testimonials have on an audience. While the audience will vary in terms of sophistication and knowledge, it is clear that the presence of testimonials creates an aura of credibility for a product that may not be warranted. For an unsophisticated consumer, this creates a situation of unbalanced trust; specifically, a product's advertisement may stretch the truth to a point where it conditions customers into making a purchasing decision based on less-than-truthful non-facts. This is precisely the type of behavior from which the Guides serve to protect the general public. It is my belief that today's technology has created a situation where the Guides may need to be updated. Indeed, a vast majority of websites profess to offer products and services where a high number of testimonials are available. These testimonials are generally, if not always, strongly in favor of the products for sale on their respective websites. Anyone with a computer can scan the internet for a host of products, many unregulated, some illegal and countless others not approved by regulatory agencies like the FDA. Nevertheless, these websites claim to offer products that, based on the positive consumer endorsement sections, seemingly work far beyond reasonable comprehension. It is logical to conclude that these websites trick and deceive the common consumer on a daily basis. I am fully aware of the difficulties tied to regulating internet websites based on their various hosting locations, IP masking and our ever-developing international form of internet law. Even still, it is worth mentioning that the FTC should consider supplementing the Guides with stronger rules to protect consumers from endorsements and claims about products sold on websites based and hosted within the United States, thus making those websites subject to our rules, laws and regulations. To conclude, I am thankful to the FTC for providing me the opportunity to comment on the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. I am hopeful that my comments will be of use to the Commission. (Please view attachment to view my comments in MSWord format)