The FTC’s Endorsement Guides: Being Up-Front With Consumers
Endorsements are an important tool for advertisers and they can be persuasive to consumers. But the law says they also have to be truthful and not misleading. The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising are guidelines designed to help advertisers of all stripes – TV, print, radio, blogs, word-of-mouth marketing – make sure that they meet this standard. For example, advertisers are advised that using unrepresentative testimonials may be misleading if they are not accompanied by information describing what consumers can generally expect from use of the product or service. In addition, the Endorsement Guides let endorsers know that they shouldn’t talk about their experience with a product if they haven’t tried it, or make claims about a product that would require proof they don’t have. The Endorsement Guides also state that if there is a connection between the endorser and the marketer of a product that would affect how people evaluate the endorsement, it should be disclosed. The Guides are not regulations, and so there are no civil penalties associated with them. But if advertisers don’t follow the guides, the FTC may decide to investigate whether the practices are unfair or deceptive under the FTC Act.
The FTC revised its Endorsement Guides in October 2009 to keep them up-to-date with current marketing techniques, such as blogging and word-of-mouth advertising. The Guides point out that marketers using these new techniques are subject to the same truthful advertising laws that other forms of advertising always have been. That means, among other things, that marketers who are compensated to promote or review a product should disclose it.
- Roomster Corp ( )
- Jason Cardiff (Redwood Scientific Technologies, Inc.) ( )
- Fashion Nova, LLC, In the Matter of ( )
- Health Research Laboratories, LLC ( )
- Teami, LLC ( )
- LendEDU, et al., In the Matter of ( )
- NatureCity, LLC ( )
- Health Center, Inc. ( )
- Global Community Innovations LLC, et al. (Geniux) ( )
- Mortgage Solutions FCS, Inc. ( )
- UrthBox, Inc., In the Matter of ( )
- A.S. Research, LLC (Synovia) ( )
- Sunday Riley Modern Skincare, LLC; In the Matter of ( )
- Devumi, LLC ( )
- Truly Organic Inc. ( )
- XXL Impressions LLC / J2 Response L.L.P. / Synergixx, LLC ( )
- Nobetes Corp. ( )
- Shore to Please Vacations LLC, In the Matter of ( )
- Staffordshire Property Management, LLC, In the Matter of ( )
- National Floors Direct, Inc., In the Matter of ( )
- FTC Issues Orders to Social Media and Video Streaming Platforms Regarding Efforts to Address Surge in Advertising for Fraudulent Products and Scams ( )
- FTC Approves Final Orders against Google and iHeartMedia for Deceptive On-Air Endorsements for Google’s Pixel 4 Phone ( )
- FTC, States Sue Google and iHeartMedia for Deceptive Ads Promoting the Pixel 4 Smartphone ( )
- FTC to Explore Rulemaking to Combat Fake Reviews and Other Deceptive Endorsements ( )
- FTC Announces Tentative Agenda for October 20 Open Commission Meeting ( )
- FTC Report Highlights Dramatic Surge in Sale of Flavored Disposable E-Cigarettes and Menthol E-Cigarette Cartridges ( )
- FTC, States Sue Rental Listing Platform Roomster and its Owners for Duping Prospective Renters with Fake Reviews and Phony Listings ( )
- FTC Proposes to Strengthen Advertising Guidelines Against Fake and Manipulated Reviews ( )
- FTC Announces Tentative Agenda for May 19 Open Commission Meeting ( )
- Federal Court Rules in Favor of FTC, Halting Illegal Tactics Used to Promote Smoking Cessation, Weight-Loss, and Sexual-Performance Aids ( )
- FTC Finalizes Order with Fashion Nova Over Allegations It Blocked Negative Reviews ( )
- The Federal Trade Commission’s First Report on E-Cigarette Sales and Advertising Reveals Disturbing Trends Affecting the Health of Young Americans ( )
- FTC Sending Refunds to Consumers who Bought Deceptively Marketed Indoor TV Antennas and Signal Amplifiers from Wellco, Inc. ( )
- Fashion Nova will Pay $4.2 Million as part of Settlement of FTC Allegations it Blocked Negative Reviews of Products ( )
- FTC Puts Hundreds of Businesses on Notice about Fake Reviews and Other Misleading Endorsements ( )
- FTC Orders “Made in USA” Repeat Offender to Pay Funds ( )
- New York-based Defendants Settle FTC Charges They Deceptively Advertised SkyLink TV Antennas as an Effective Way to Get a Hundred Plus Premium Channels Free ( )
- FTC Approves Final Consent Agreement with Sunday Riley Modern Skincare, LLC ( )
- FTC Seeks to Add Real Estate Investment Celebrities Dean Graziosi and Scott Yancey as Defendants in Real Estate Training Case ( )
- FTC Sends Report to Congress on Social Media Bots and Deceptive Advertising ( )
- Chatbots, deepfakes, and voice clones: AI deception for sale(March 20, 2023)
- FTC says AWAREmed made bogus addiction, cancer, and Alzheimer’s claims and misrepresented paid ads as independent programming(March 16, 2023)
- A warning to marketers about testi-phony-als, including ads falsely claiming a “Shark Tank” connection(February 17, 2023)
- Mutiny on the Bountiful? Proposed settlement challenges review hijacking(February 16, 2023)
- What’s new – and what isn’t – in the FTC’s just-published Health Products Compliance Guidance(December 15, 2022)
- Hey, Google and iHeartMedia: FTC doesn’t heart deceptive endorsements(November 28, 2022)
- $2.6 million settlement addresses earnings claims for business opportunities and crypto bot, Consumer Review Fairness Act – and more(November 16, 2022)
- In time for Halloween: Our Top 10 “Nightmare on Main Street” consumer protection horror films(October 25, 2022)
- Starting soon: Protecting Kids from Stealth Advertising in Digital Media(October 17, 2022)
- FTC announces agenda for digital advertising to kids event: What’s the state of play?(September 20, 2022)
- What companies – and platforms – can do to help stop fake post-for-pay reviews(September 13, 2022)
- FTC and States take on “testi-phony-als” in action against housing platform Roomster and operation that posted bogus reviews on its behalf(August 30, 2022)
- Save the date: FTC to host “Protecting Kids from Stealth Advertising in Digital Media”(May 19, 2022)
- $3.5 million FTC settlement with Hubble signals that ignoring the Contact Lens Rule can be costly(January 28, 2022)
- I’ll pay you to give this blog post five stars(January 25, 2022)
- Abracadabra: Bad reviews be gone (January 25, 2022)
- Latest FTC Notice of Penalty Offenses tells 700+ national advertisers that deceptive endorsements can lead to financial penalties(October 13, 2021)
- FTC gets back to the basics at June 24th Dallas workshop for businesses, attorneys(June 21, 2021)
- How a “funding” company and business coaching outfits joined forces to deceive consumers(January 29, 2021)
- FTC says flight service winged it by leaving data unprotected in the cloud(December 16, 2020)
- Protecting Kids from Stealth Advertising in Digital MediaOctober 19, 2022
- Green Lights & Red Flags: FTC Rules of the Road for BusinessAugust 15, 2019
- In Short: Advertising & Privacy Disclosures in a Digital World May 30, 2012
- Dissenting Statement of Commissioner Wilson Regarding the Advanced Notice of Proposed Rulemaking on Fake and Deceptive Reviews and Endorsements ( )
- Statement by Commissioner Rebecca Kelly Slaughter Regarding the Request for Public Comments on the Amendments to the Endorsement Guides ( )
- Statement of Commissioner Alvaro Martin Bedoya Regarding the Request for Public Comment on the Amendments to the Endorsement Guides ( )
- Remarks by Commissioner Christine S. Wilson on the Policy Statement on Education Technology and the Children's Online Privacy Protection Act and the Request for Public Comment on the Amendments to the Endorsement Guides ( )
- Statement of Chair Lina M. Khan Regarding the Endorsement Guides Review ( )
- Majority Statement of Chairman Joseph J. Simons and Commissioners Noah Joshua Phillips and Christine S. Wilson Regarding Final Approval of the Sunday Riley Settlement ( )
- Statement of the Commission in the Matter of Teami, LLC ( )
- Keynote of Commissioner Noah Joshua Phillips at ANA/BAA Marketing Law Conference - The FTC and the Digital Marketplace: Highlights from the Last Year ( )
- Statement of Commissioner Chopra Joined by Commissioner Slaughter Regarding Sunday Riley ( )
- Alo, LLC d/b/a Alo Yoga (endorsement claims) ( )
- Commission Enforcement Policy Statement on Deceptively Formatted Advertisements ( )
- Better Business Bureau’s National Advertising Division Annual Conference Keynote Address ( )
- Remarks at the Association of National Advertisers’ Advertising Law & Public Policy Conference ( )
- Statement of Chairwoman Edith Ramirez, Commissioner Julie Brill, and Commissioner Terrell McSweeny - Federal Trade Commission v. Genesis Today, Inc., Pure Health LLC, and Lindsey Duncan ( )
- Keynote Address of Chairwoman Edith Ramirez ( )
- A Type of Amplified Word of Mouth Marketing ( )
- FTC Policy Statement Regarding Advertising Substantiation ( )
- FTC Policy Statement on Deception ( )
- FTC Policy Statement on Unfairness ( )
- Commission Enforcement Policy Statement Regarding Clear and Conspicuous Disclosures in Television Advertising ( )
- Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising: A Federal Trade Commission Staff Report ( )
- Effects of Consumer Testimonials in Weight Loss, Dietary Supplement and Business Opportunity Advertisements (the Second Endorsement Study) ( )
- The Effect of Consumer Testimonials and Disclosures of Ad Communication for a Dietary Supplement (The Endorsement Booklet Study) ( )
- Soliciting and Paying for Online Reviews: A Guide for Marketers ( )
- Featuring Online Customer Reviews: A Guide for Platforms ( )
- Disclosures 101 for Social Media Influencers ( )
- Divulgaciones 101 para influenciadores de los medios sociales ( )
- The FTC’s Endorsement Guides: What People Are Asking ( )
- Native Advertising: A Guide for Businesses ( )
- Use of Endorsements and Testimonials in Advertising ( )
- Consumer Review Fairness Act: What Businesses Need to Know