FTC: Guides Concerning Use of Endorsements and Testimonials In Advertising (July 2023)

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 and in any medium – TV, print, radio, online, podcasts, social media –meet this standard.  For example, the Endorsement Guides state that, if there is a connection between the endorser and the marketer of a product which would affect how people evaluate the endorsement, the connection should be disclosed. The Guides are not regulations, but if advertisers don’t follow the Guides, the FTC may decide to investigate if the practices are unfair or deceptive under the FTC Act, in which case the FTC may decide to bring a lawsuit.