|Received:||1/9/2009 2:17:00 PM|
|Organization:||Higher Power Marketing|
|Agency:||Federal Trade Commission|
|Rule:||Guides Concerning the Use of Endorsements and Testimonials in Advertising|
Comments:The FTC is going beyond the boundaries of the First Amendment and is preventing speech that is truthful and accurate. The FTC has moved from punishing those who knowingly air inaccurate claims and is now focusing on how some people might perceive honest claims. This goes far beyond the government’s interest in preventing deceptive adverting and impinges upon free speech. In some cases advertisers will be prevented from making claims that are believed to be generally representative. For example, a new reduced calorie diet and vigorous exercise plan based on established scientific principles will generally achieve predictable results. Still, one person’s truthful claim of success would be prohibited.