Advertisers have been working under the FTC’s revised Guides Concerning the Use of Endorsements and Testimonials in Advertising for five years. The revised Guides specifically address social media, blogging, and other new media uses and spaces, which have presented challenges and opportunities for many advertisers. Since their release, advertisers and bloggers have had a number of questions arise regarding the application of the revised Guidelines, and the FTC has now prepared updated FAQs addressing those concerns.
The updated FAQs, entitled The FTC’s Endorsement Guides: What People Are Asking, can be found here. These updated FAQs address some of the challenges advertisers have faced in working within the Guides in new media, such as how to disclose an endorsement on Twitter or YouTube, how the FTC is monitoring bloggers, and when a “like” may or may not be an endorsement.
If you have any questions regarding the FTC Guides on Endorsements and Testimonials or the implications of this investigation, please contact Janet Ramsey, chairperson of the Advertising and Marketing Law Group at Warner Norcross + Judd LLP.