Have you updated your endorsements and testimonials in your marketing efforts to follow the new FTC guidelines (effective December 1, 2009)?

On October 5, 2009, the FTC released its final revisions to the guidelines given to advertisers to comply with the FTC Act. The FTC publishes these guidelines to let the public know how they will review the endorsements and testimonials used by advertisers. “The Guides set forth the general principles that the Commission will use in evaluating endorsements and testimonials, together with examples illustrating the application of those principles.” An advertiser, marketer or any person using endorsements and testimonials can use these guidelines to evaluate their own use and be reasonably certain of their compliance. The revisions to the guidelines took effect on December 1, 2009 and you should be aware or what has changed. I certainly don’t intend the following to substitute speaking with counsel or reading the guidelines yourself, but hopefully it will alert you to your responsibilities.
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