The Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.

The updated Guides expand or clarify guidance related to (1) who can be considered an endorser, what qualifies as an endorsement, and who can be liable if the endorsement is deceptive; (2) consumer review practices; (3) what counts as “clear and conspicuous” for endorsement disclosures; and (4) when and how to disclose paid and other material connections between brands and endorsers.

Click here to read the full Update.

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Photo of Jason Howell Jason Howell

Jason Howell serves as co-chair of the Advertising, Marketing & Promotions practice and as a member of the Trademark, Copyright & Media practice.

Photo of Paul Hirose Paul Hirose

Paul Hirose serves as outside general counsel for midsized and multinational corporate clients. Paul provides strategic legal advice to help companies reach their business goals and counsels on risk and litigation avoidance strategies, operational issues, intellectual property, and marketing and advertising matters. With…

Paul Hirose serves as outside general counsel for midsized and multinational corporate clients. Paul provides strategic legal advice to help companies reach their business goals and counsels on risk and litigation avoidance strategies, operational issues, intellectual property, and marketing and advertising matters. With over two decades of experience as marketing counsel for Isuzu North America, he has developed a deep understanding of the client perspective that informs all aspects of his work.

Photo of Mark S. Goodrich Mark S. Goodrich

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers…

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers, negative option or “automatic renewal” of subscriptions, cause marketing, online disclosures, intellectual property rights, free offers, native advertising, and other Federal Trade Commission (FTC) rules and guidelines. He also frequently drafts rules for contests, sweepstakes and related games, and provides counsel on how to structure promotions to comply with state and federal laws.

Photo of Nathan Kosnoff Nathan Kosnoff

Nathan Kosnoff has experience working on a broad range of matters, including intellectual property and trademark disputes, antitrust, construction defect litigation, campaign finance law, and government and internal investigations.