Expert Endorsers Making Claims Outside of Traditional Advertisements.What About Affiliate or Network Marketing?.What are an Advertiser’ s Responsibilities for What Others Say on Social Media?.Other Things for Endorsers and Advertisers to Know.How Should I Disclose That I Was Given Something for My Endorsement?.Endorsements by Ordinary Consumers on Social Media.When Does the FTC Act Apply to Product Recommendations?.
In addition, we recommend that you read the latest version of the Endorsement Guides, which were revised in 2023 with new or revised principles, examples, and definitions, including a new definition of “clearly and conspicuously.” We also have Disclosures 101 for Social Media Influencers and Soliciting and Paying for Online Reviews: A Guide for Marketers, both of which are short and easy-to-read documents with basic guidance. This guidance doesn’t provide a safe harbor from potential liability whether a particular advertising claim is deceptive or otherwise violates the FTC Act will depend on the facts of the specific case. Moreover, all these factors depend on the context or may change over time. Given that much of our guidance depends on consumer understanding, there will be times when we don’t have sufficient information about what consumers know, what they understand, and how they behave. Our staff guidance can’t be definitive because the context of any particular endorsement is very important in determining whether a disclosure is needed and whether a particular disclosure is sufficient. Here are answers to some of the most frequently asked questions from advertisers, ad agencies, influencers, bloggers, and others. If the advertiser doesn’t have proof that the endorser’s experience represents what people will generally achieve using the product as described in the ad (for example, by just taking a pill daily for two months), an ad featuring that endorser must make clear to the audience what the generally expected results of following that same regimen are. An example is an endorser who claims to have lost 20 pounds in two months using the advertised product. The reviewer should, therefore, let viewers know about that relationship.Īnother principle in the Guides applies to ads that feature endorsements from people who achieved exceptional, or even above average, results. If you knew the hotel had paid the reviewer hundreds of dollars to say great things about it or that the reviewer had stayed there for several days for free, it could affect how much weight you’d give the endorsement. You do some research and find a glowing YouTube video review saying that a particular resort is the most luxurious place the reviewer has ever stayed. The reason is obvious: Knowing about the connection is important information for anyone evaluating the endorsement. The same is usually true if the endorser has been paid or given something of value to tout the product.
For example, if an ad features an endorser who is a relative or employee of the marketer, the ad is misleading unless the connection is made clear. In addition, the Guides say, if there’s a connection between an endorser and the marketer that a significant minority of consumers wouldn’t expect and it would affect how they evaluate the endorsement, that connection should be disclosed clearly and conspicuously. An endorsement must reflect the honest opinion of the endorser and can’t be used to make a claim the marketer of the product couldn’t legally make. The Guides, at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading. That common-sense premise is at the heart of the Federal Trade Commission’s (FTC) Endorsement Guides. Would you want to know that when you’re evaluating the person’s glowing recommendation? You bet. Now suppose the person works for the company that sells the product or has been paid by the company to tout the product. Would that recommendation factor into your decision to buy the product? Probably. The person says it performs wonderfully and offers fantastic new features that nobody else has.
Suppose you meet someone who tells you about a great new product.
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