This site displays a prototype of a “Web 2.0” version of the daily For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/​site-information/​privacy-policy. Should it be addressed in the Guides and, if so, how? Guides Concerning the Use of Endorsements and Testimonials in Advertising (US Federal Trade Commission Regulation) (FTC) (2018 Edition) Does this age differ from the age at which children are capable of identifying advertising? The notice incorporates several changes to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides interpret laws the Commission administers, and thus are advisory in nature. Regulatory review; request for public comment. Guides Concerning the Use of Endorsements and Testimonials in Advertising, 13051-13052 [E7-5039] Are there alternatives, such as individual enforcement actions under the FTC Act, which would be more effective or equally effective in addressing those practices? CFR. What disclosures of material connections should advertisers and endorsers appealing to young children provide to parents? Each document posted on the site includes a link to the (4) What is the degree of compliance with the Endorsement Guides? If so, to what extent, if any, do the Guides support industry self-regulation or voluntary standards? 01/15/2021, 886 The Guides state that endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser. Part 255), 73 Fed. To what extent would knowing of such compensation affect the weight or credibility given to those endorsements? The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in Advertising. This feature is not available for this document. Su voto: Su voto: Nada. better and aid in comparing the online edition to the print edition. FTC Publishes Final Guides Governing Endorsements, Testimonials; On December 1, 2010 The Federal Trade Commission (FTC) released new guidelines for the use of Endorsements and Testimonials … documents in the last year, 988 If an advertiser does not have adequate substantiation that the endorser's experience is representative, the advertisement should contain a clear and conspicuous disclosure. If so, what and why? prev | next. Why or why not and if so, how? Interested parties submitted extensive comments. For the Commission to consider your comment, we must receive it on or before April 21, 2020. What burdens or costs have the Guides imposed on small businesses in particular? documents in the last year, 1008 informational resource until the Administrative Committee of the Federal If your business works with influencers or if you're an influencer yourself, are you both taking necessary steps to clearly disclose material connections? For the proposed rule published on February 21, 2020 (85 FR 10104), comments must be received on or before June 22, … An expert endorser's qualifications must, in fact, give him or her the expertise that he or she is represented as possessing with respect to the endorsement. Guides Concerning the Use of Endorsements and Testimonials in Advertising, 10104-10107 [2020-03447] The Guides were last updated in 1980. The Guides provide the basis for voluntary compliance with the law by advertisers and endorsers. By Arielle Weg -These are FTC guidelines for endorsement of products online where products are provided as an advertisement. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. Publications. documents in the last year, 108 The Public Inspection page Do the Guides overlap or conflict with any international laws or regulations? 16 CFR 255.0(a) and (b). New Documents The FTC has issued guidance on misleading endorsements in its Endorsement Guides (Guides Concerning the Use of Endorsements and Testimonials in Advertising) and Endorsement Guides FAQs (Endorsement Guides: What People Are Asking). If so, how and to what extent do incentives skew or bias the resulting reviews, and what factors may make such impacts more or less likely? (21) What disclosures, if any, do advertisers or the operators of review websites or review platforms need to make about the creation, collection, processing, or publication of reviews or ratings in order to prevent those reviews or ratings from being deceptive or unfair? Guides Concerning the Use of Endorsements and Testimonials in Advertising AGENCY: Federal Trade Commission. Find many great new & used options and get the best deals for Guides Concerning the Use of Endorsements and Testimonials in Advertising (Us... at the best online prices at eBay! See 72 FR 2214 (Jan. 18, 2007). If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex B), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex B), Washington, DC 20024. The Federal Trade Commission is seeking public comment on whether to make changes to its Endorsement Guides as part of the agency’s systematic review of all current FTC rules and guides. The Federal Trade Commission (“FTC” or “Commission”) is adopting revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Guides”). Posted on June 3, 2013 by Andrew Jaffe. 72 FR 2214 (2007). 16 CFR 255.2(a). In 1980, the FTC issued the Guides Concerning Use of Endorsements and Testimonials in Advertising, 16 C.F.R. documents in the last year, by the Food and Drug Administration The Guides define both endorsements and testimonials broadly to mean any advertising message that consumers are likely to believe reflects the opinions, beliefs, findings, or experience of a party other than the Start Printed Page 10105sponsoring advertiser. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! The Guides advise that an advertisement employing a consumer endorsement on a central or key attribute of a product will be interpreted as representing that the endorser's experience is representative of what consumers will generally achieve. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. on Marketers use celebrity endorsers in hopes that the positive image of the celebrity endorser will be passed on to the product's or brand's image. Guides Concerning the Use to Endorsements and Testimonials in Advertising, 2214-2217 [07-197] FTC's Final Guides re Endorsements and Testimonials. 41-58, three sections of the 1972 proposal as final guidelines (16 CFR 255.0, 255.3 and 255.4) and republished three others, in modified form, for additional public comment. Therefore, the Commission solicits comment on, among other things, the economic impact of and the continuing need for its Endorsement Guides; possible conflict between the Guides and state, local, federal, or international laws; and the effect of any technological, economic, environmental, or other industry changes on the Guides. Submit. Does the fact that Commission Guides are generally reviewed every ten years affect your answer as to whether providing more detail would be helpful? Until the ACFR grants it official status, the XML The official website of the Federal Trade Commission, protecting America’s consumers for over 100 years. Guides Concerning the Use of Endorsements and Testimonials in Advertising (US Federal Trade Commission Regulation) (FTC) (2018 Edition) [The Law Library] on Amazon.com. documents in the last year, 72 (2) Are any specific provisions of the Guides no longer necessary, and, if so, which provisions and why are they no longer necessary? 41 - 58. Should such incentives be disclosed? documents in the last year, 1519 Are the Guides effective in addressing those practices? If such composite ratings are misleading: (1) Are there disclosures that could adequately address this concern and if so, what disclosures; and (2) how should the Guides address composite ratings if disclosures are not sufficient or there is not an opportunity for the marketer to make adequate disclosures (e.g., when the reviews and composite ratings appear on a third party's website)? We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. The draft b. AGENCY: Federal Trade Commission. Annotation of FEDERAL TRADE COMMISSION Guides Concerning the Use of Endorsements and Testimonials in Advertising. The FTC believed that consumers would often give added weight to the opinions of "expert" or celebrity endorsers in making product decisions, and, therefore, product endorsements … In particular cases, what factors might be considered to determine whether a material connection is unexpected? The 2009 Federal Trade Commission "Guides Concerning Use of Endorsements and Testimonials in Advertising" influences which of the following aspects of sports and/or sports marketing: Endorsements Rule 40 was intended to help prevent 41-58, three sections of the 1972 proposal as final guidelines (16 CFR 255.0, 255.3 and 255.4) and republished three others, in modified form, for additional public comm… A Proposed Rule by the Federal Trade Commission on 02/21/2020. 73 FR 72374 (2008). headings within the legal text of Federal Register documents. (18) Some marketers actively solicit customer feedback and send satisfied customers down one path to relevant review sites and send customers with negative sentiment down another path, sometimes into some sort of customer service resolution process. In addition, your comment should not include any “[t]rade secret or any commercial or financial information which . The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 16 CFR 255.3(b). Do such incentives skew or bias the resulting reviews? On May 21, 1975, the Commission promulgated, under the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. Guides Concerning the Use of Endorsements and Testimonials in Advertising. This web page contains the full text of FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective December 1, 2009. (20) Some endorsers (including the authors of some product reviews) include affiliate links that can be used to purchase the products they are endorsing. 45) to the use of endorsements and testimonials in advertising. In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. To what extent do consumers expect that these endorsers are compensated for purchases through those links? 46(f), and Start Printed Page 10107FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. The Commission periodically reviews all Commission rules and guides. § 255.0 Purpose and definitions. to the courts under 44 U.S.C. 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