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Regulatory News In Brief

This article was originally published in The Gray Sheet

Executive Summary

FTC advertising guides: Revised final 1guidance from the Federal Trade Commission, effective Dec. 1, tightens up the commission's guidelines for using endorsements and testimonials in advertising, including blog posts. Under the revisions, when ads portray a consumer whose experience with a product is not typical, the advertiser must also disclose what results can generally be expected. The "results not typical" disclaimer is no longer allowed. Endorsers are also liable for false or unsubstantiated claims, or for failing to disclose financial ties with the advertiser, FTC clarifies. New examples address, among other things, what constitutes an endorsement in a blog post. Also, if a company references a research organization's findings from a company-sponsored study, the ad must convey that connection, the commission noted. FTC's endorsements and testimonials guides were last updated in 1980

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