The FTC has published its final revisions to its guide for how to keep testimonial ads and endorsements in compliance with the FTC Act.

Key provisions include

*Customer testimonials that describe unusual results must include clear disclosure of what a typical result is instead of just tacking on a “results not typical” disclaimer.

*Bloggers or word-of-mouth marketers who receive compensation, including cash or in-kind payment, for a product review are considered to be offering a paid endorsement and must disclose it as such in the review.

*These paid endorsers, like advertisers, may be held liable for false or misleading claims in a product endorsement and for failing to disclose an endorsement as being paid.

While following the guidelines is certainly prudent, these new provisions are not binding law; they are administrative interpretations designed to aid in FTC compliance. 

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