Guides Concerning the Use of Endorsements and Testimonials in Advertising; Extension of Comment Period, 19709 [2020-07173] On January 18, 1980, the Commission promulgated three new sections as final guidelines (16 CFR 255.1, 255.2 and 255.5) and modified one example to one of the final guidelines adopted in May 1975 (16 CFR 255.0 Example 4). 717, as amended; 15 U.S.C. documents in the last year, by the Federal Aviation Administration Do covered businesses and others following the Guides' suggestions self-regulate or have voluntary standards or guidance, such as through trade associations, that overlap with the Guides? Guides Concerning the Use of Endorsements and Testimonials in Advertising, 13051-13052 [E7-5039] to the courts under 44 U.S.C. on NARA's archives.gov. Why or why not? On May 21, 1975, the Commission promulgated, under the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. Why or why not and, if so, how? The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. These reviews seek information about the costs and benefits of the Commission's rules and guides and their economic impact. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. the material on FederalRegister.gov is accurately displayed, consistent with A Proposed Rule by the Federal Trade Commission on 02/21/2020. 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. October 5, 2009. 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. Su voto: Su voto: Nada. The term endorsements is therefore generally used hereinafter to cover both terms and situations. To the extent that these connections are not being adequately Start Printed Page 10106disclosed, do the problems tend to be in the substance of the disclosures or in their conspicuousness (e.g., placement, visibility, or audibility)? 56. (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. The Federal Trade Commission (“FTC” or “Commission”) requests public comments on its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”). In December 1972, the Commission published for public comment proposed Guides Concerning the Use of Endorsements and Testimonials in Advertising, 37 FR 25548 (1972). 717, as amended; 15 U.S.C. This prototype edition of the What disclosures of material connections should advertisers and endorsers appealing to young children provide to parents? 16 CFR 255.0(a) and (b). If so, to what extent, if any, do the Guides support industry self-regulation or voluntary standards? Guides Concerning the Use to Endorsements and Testimonials in Advertising, 2214-2217 [07-197] § 255.0 Purpose and definitions. 73 FR 72374 (2008). For example, advertisers are advised that using unrepresentative testimonials may be misleading if they are not accompanied by information describing what … Posted on June 3, 2013 by Andrew Jaffe. documents in the last year, 1493 Read Guides Concerning the Use of Endorsements and Testimonials in Advertising (US Federal Trade Commission Regulation) (FTC) (2018 Edition) book reviews & author details and more at … What benefits have the Guides provided to endorsers? It is not an official legal edition of the Federal The Commission is soliciting the comments as part of its systematic review of all current Commission regulations and guides. 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. 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. 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… § 255.3 Expert endorsements. If an advertiser does not have adequate substantiation that the endorser's experience is representative, the advertisement should contain a clear and conspicuous disclosure. Should such incentives be disclosed? 74 FR 53124 (2009). You can file a comment online or on paper. Do such incentives skew or bias the resulting reviews? 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. Once your comment has been posted publicly at www.regulations.gov—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Open for Comment, Economic Sanctions & Foreign Assets Control, Energy Conservation Program for Appliance Standards, Remote Identification of Unmanned Aircraft, Dakota Northern Railroad, Inc.-Lease and Operation Exemption-Rail Lines of BNSF Railway Company, Tobacco Products; Required Warnings for Cigarette Packages and Advertisements; Delayed Effective Date, Providing an Order of Succession Within the Environmental Protection Agency, Promoting Small Modular Reactors for National Defense and Space Exploration, https://www.federalregister.gov/d/2020-03447, MODS: Government Publishing Office metadata, https://www.ftc.gov/​site-information/​privacy-policy. The OFR/GPO partnership is committed to presenting accurate and reliable Submit. (9) What changes, if any, should be made to the Guides to reduce the burdens or costs imposed on businesses or endorsers? FTC guides concerning use of endorsements and testimonials in advertising. At what age are children capable of making a connection between credibility and a material connection? documents in the last year, by the Food and Drug Administration is privileged or confidential”—as provided in Section 6(f) of the FTC Act, 15 U.S.C. And what about social media influencers? Postal mail addressed to the Commission is subject to delay due to heightened security screening. The Commission received public comment on the three re-proposed guidelines, as well as on one of the final guidelines. The Guides in this regulation represent administrative interpretations of laws enforced by the Federal Trade Commission for the guidance of the public in conducting its affairs in conformity with legal requirements. What disclosures of material connection currently being used in social media are likely not understood by consumers? What disclosures of material connections are sufficiently clear (i.e., understandable) to consumers when used in social media? The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising are guidelines designed to help advertisers of all stripes – TV, print, radio, blogs, word-of-mouth marketing – make sure that they meet this standard. 45) to the use of endorsements and testimonials in advertising. Federal Trade Commission, Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. 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). developer tools pages. (11) Have consumer perceptions regarding endorsements changed since the Guides were last revised and, if so, do these changes warrant revising the Guides? This table of contents is a navigational tool, processed from the The Guides were last updated in 1980. How would these changes affect the benefits provided by the Guides to consumers, businesses, and endorsers? This page contains the full-text reproduction of "FTC GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING". 01/15/2021, 42 In October 2009, the Federal Trade Commission (the "FTC") released its final Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Guides"). Register, and does not replace the official print version or the official The Federal Trade Commission (“FTC” or “Commission”) is extending the deadline for filing comments on its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Endorsement Guides”). AGENCY: Federal Trade Commission. Are there alternatives, such as individual enforcement actions under the FTC Act, which would be more effective or equally effective in addressing those practices? These markup elements allow the user to see how the document follows the Do consumer expectations vary by the age of the audience, the product category, the nature of the influencer, the format or substance of the endorsement, or otherwise, and if so, how? documents in the last year, 315 Do the Guides impose any significant costs on consumers? How would these changes affect consumer benefits or business costs? The Public Inspection page (8) What burdens or costs, including costs of compliance, have the Guides imposed on businesses? electronic version on GPO’s govinfo.gov. 2020-03447 Filed 2-20-20; 8:45 am], updated on 4:15 PM on Friday, January 15, 2021, updated on 8:45 AM on Friday, January 15, 2021. Register (ACFR) issues a regulation granting it official legal status. Are the Guides effective in addressing those practices? (22) What other fact patterns or scenarios should be addressed by the Guides and why? Why or why not? 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. 255.0(a) and on The information obtained assists the Commission in identifying rules and guides that warrant modification or rescission. Advertising, Marketing and Media On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the Updated FAQs), about its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (the Guides). What should advertisers and endorsers appealing to young children know about their intended audience's understanding of a particular endorsement, advertising format, or disclosure? on legal research should verify their results against an official edition of published revised and updated Guides Concerning the Use of Endorsements and Testimonials in Advertising ("Revised Guides").' (a) The Commission intends to treat endorsements and testimonials identically in the context of its enforcement of the Federal Trade Commission Act and for purposes of this part. 02/20/2020 at 8:45 am. The Guides provide the basis for voluntary compliance with the law by advertisers and endorsers. (4) What is the degree of compliance with the Endorsement Guides? 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. Are such disclosures adequate when incentivized reviews are included in composite ratings? This site displays a prototype of a “Web 2.0” version of the daily Interested parties submitted extensive comments. Celebrity branding or celebrity endorsement is a form of advertising campaign or marketing strategy which uses a celebrity's fame or social status to promote a product, brand or service, or to raise awareness about an issue. The Federal Trade Commission's revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "FTC Guides" or "Guides")[1] went into effect on December 1, 2009. Federal Register. Learn more here. 16 CFR 255.0 (a) and (b). edition of the Federal Register. This web page contains the full text of FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective December 1, 2009. Title 16 Part 255 16 CFR Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising; ... is extending the deadline for filing comments on its Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Endorsement Guides''). What are the costs and benefits of this practice? § 255.4 Endorsements by organizations. Document Drafting Handbook Only official editions of the The Public Inspection page may also Reg. documents in the last year. The Guides were last updated in 1980. 1503 & 1507. [FR Doc. The Federal Trade Commission (“FTC” or “Commission”) requests public comments on its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”). To what extent do consumers expect that these endorsers are compensated for purchases through those links? The Commission will consider all timely and responsive public comments that it receives on or before April 21, 2020. daily Federal Register on FederalRegister.gov will remain an unofficial If you file your comment on paper, write “Endorsement Guides, P204500” on your comment and on the envelope, and mail or deliver it 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. Should the Guides address such links, and if so, how? 16 CFR 255.3(b). Issued in 1972 and revised in 1980, the Federal Trade Commission’s (FTC) Guides Concerning the Use of Endorsements and Testimonials (Guides) in Advertising assists with compliance and enforcement of deceptive advertising practices. Why or why not and if so, how? For the Commission to consider your comment, we must receive it on or before April 21, 2020. Does the sufficiency or insufficiency vary by platform, type of material connection (e.g., a paid post versus a free product), or other factors, and, if so, how? Does the fact that Commission Guides are generally reviewed every ten years affect your answer as to whether providing more detail would be helpful? Justia Regulation Tracker Agencies And Commissions Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, 5810-5811 [E9-1644] Download as PDF 5810 Proposed Rules Federal Register Vol. § 45) to the use of endorsements and testimonials in advertising. Register documents. § 255.1 General considerations. How can disclosures of material connections in media consumed by young children be made clearer or more effective? To what extent would knowing of such compensation affect the weight or credibility given to those endorsements? Part 255 - Guides Concerning Use Of Endorsements And Testimonials In Advertising PART 255 - GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING Authority: 38 Stat. The Federal Trade Commission (“FTC” or “Commission”) is extending the deadline for filing comments on its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Endorsement Guides”). Interested parties may file a comment online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. The Guides are designed to assist businesses and others in conforming their endorsement and testimonial advertising practices to the requirements of Section 5 of the FTC Act. documents in the last year, by the Energy Department on FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising update the agency’s guidelines from 1980, and will become effective on December 1 2009.. Michael Ostheimer (202-326-2699), mostheimer@ftc.gov, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. 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. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. should verify the contents of the documents against a final, official In addition, your comment should not include any “[t]rade secret or any commercial or financial information which . 16 CFR Part 255 - GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING. regulatory information on FederalRegister.gov with the objective of This website is where you can find advertising law information based on articles and news briefs that appeared in past issues of Advertising Compliance Service. While the FTC’s updated Guides Concerning the Use of Endorsements and Testimonials in Advertising can be complex and difficult to understand in entirety, there are specific and clear guidelines a marketer should be aware of when promoting products and services through blogger relations. 01/15/2021, 886 Please know that I only recommend products that I believe will be of value to my readers. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. 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 must be nondeceptive. Moreover, an expert endorsement must be supported by an actual exercise of expertise, and the expert's evaluation of the product must have been at least as extensive as someone with the same degree of expertise would normally need to conduct in order to support the conclusions presented. Why or why not and if so, how? (20) Some endorsers (including the authors of some product reviews) include affiliate links that can be used to purchase the products they are endorsing. As part of its periodic regulatory review, the Commission sought public comment on the Endorsement Guides in January 2007. These can be useful How, if at all, are your answers to the above questions impacted by parental involvement in the media consumption of young children? Simply use the keyword search function and click Submit or click the Events tab to see a recent list of events. [Description] Mode of access: Internet from the FTC web site. documents in the last year, 1519 Guides Concerning the Use to Endorsements and Testimonials in Advertising. FTC's Final Guides re Endorsements and Testimonials. Office of Equal Employment Opportunity and Workplace Inclusion, Reporting Fraud, Waste, Abuse or Mismanagement, What You Need to Know About the Office of the Inspector General, Companies and People Banned From Debt Relief, Statute, Rules and Formal Interpretations, Post-Consummation Filings (HSR Violations), Retrospective Review of FTC Rules and Guides, Other Applications, Petitions, and Requests, Magnuson-Moss Warranty Public Audit Filings, International Technical Assistance Program, Competition & Consumer Protection Authorities Worldwide, Hearings on Competition & Consumer Protection, List a Number on the National Do Not Call Registry, File Documents in Adjudicative Proceedings, Use of Endorsements and Testimonials in Advertising. documents in the last year, 29 Written comments must be received on or before April 21, 2020. include documents scheduled for later issues, at the request 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. Is there guidance in the current version of that document that should not be incorporated into the Guides? (13) FTC staff periodically updates a business guidance document, “The FTC's Endorsement Guides: What People Are Asking.” Is there guidance in the current version of that document that should be incorporated into the Guides? documents in the last year, 69 Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. 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 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. I. For complete information about, and access to, our official publications *FREE* shipping on qualifying offers. (1) Is there a continuing need for the Endorsement Guides as currently promulgated? These tools are designed to help you understand the official document (15) The FTC has received complaints that young children may not adequately understand disclosures of material connections. published revised and updated Guides Concerning the Use of Endorsements and Testimonials in Advertising ("Revised Guides").' rendition of the daily Federal Register on FederalRegister.gov does not Tweet This Article Tweet Follow Us on Twitter Submit. Guides Concerning the Use of Endorsements and Testimonials in Advertising (US Federal Trade Commission Regulation) (FTC) (2018 Edition) [The Law Library] on Amazon.com. publication in the future. Print media c. Endorsements d. Licensing e. All of these are correct. 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: a. documents in the last year, 358 01/15/2021, 151 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)? They are advisory in nature, and intended to give guidance to the public in conducting its affairs in conformity with Section 5. Guides Concerning the Use of Endorsements and Testimonials in Advertising, 72374-72395 [E8-28294] Download as PDF Federal Register / Vol. The Commission periodically reviews all Commission rules and guides. Federal Register issue. What burdens or costs have the Guides imposed on small businesses in particular? Publications. This document has been published in the Federal Register. Interested parties submitted extensive comments. (10) Do the Guides overlap or conflict with federal, state, or local laws or regulations? ACTION: Request for public comments. In any such enforcement action, the Commission must prove that the challenged act or practice is unfair or deceptive in violation of Section 5 of the FTC Act. The basis for voluntary compliance with the Guides ” )., 2008 (! For Endorsement of products online where products are provided as an advertisement request of the Commission is the! The type of material connection Related Releases as PDF Federal Register issue retail or review... 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