Advertising Law Tool Kit - Tenth Edition | 2022

80 / Venable The Federal Trade Commission (FTC) continues to enforce its rules on endorsements and testimonials. As influencer marketing continues to grow, that effort will certainly continue. There are strict requirements imposed on advertisers and marketers to substantiate the claims made by endorsers of a product or service. Long gone are the days when a simple “results not typical” disclaimer sufficed. The FTC requires testimonials to clearly and conspicuously disclose the results that consumers can generally expect to achieve in the circumstances shown in the ad, if the testimonialists’ experience is not typical. Material connections between marketers and endorsers must be disclosed. In other words, if there is a connection that might affect the weight or credibility that consumers attach to the endorsement, it must be fully disclosed, including in social media posts. The use of influencers is itself a type of endorsement and can raise particularly challenging issues. Please see the section titled “Social Media, Influencers, and Endorsements” for more information on this area. Customer reviews are another form of endorsement. As the power of customer reviews as a marketing tool continues to grow, so does the FTC’s interest in ensuring reviews are not manipulated or used in an unfair or deceptive manner. Testimonials and Endorsements Alexandra Megaris amegaris@Venable.com +1 212.370.6210