FTC Seeks Public Comment on its Endorsement Guides

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 Endorsement Guides, formally known as the Guides Concerning the Use of Endorsements and Testimonials in Advertising, first enacted in 1980 and amended in 2009, provide guidance to businesses and others to ensure that advertising using endorsements or testimonials abide by the requirements of the FTC Act. Among other things, the Guides state that when there is a connection between an endorser and a seller of an advertised product that could affect the weight or credibility of the endorsement, the connection must be clearly and conspicuously disclosed.

The notice will be published in the Federal Register soon. Instructions for filing comments appear in the notice. Comments must be received within 60 days of publication and will be posted on regulations.gov.