Federal Trade Commission's Revised Endorsement Guides

You're reviewing your company's P&L statement and see a write-off for some of your products and walk down the hallway to talk to the marketing director to find out what it was for. You soon learn that some promotional items were provided to bloggers as an in-kind exchange for them to write favorably about your company and services you provide. If this sounds familiar, you may be in violation of the Federal Trade Commission's revised Endorsement Guides to reflect changes in marketing and media since the Guides were last issued in 1980. We've all seen those commercials with Jessica Simpson endorsing a certain skin care solution...haven't you wondered if she was being paid to say those things or if she actually believes in the product? The general rule of thumb still applies to the FTC's Guides: Endorsements must be an honest reflection of the endorser’s opinion or experience. If there is compensation involved between the product and the endorser, they need to be disclosed. With the wave of social media and opinions of popular bloggers replacing traditional forms of advertising, some of the new FTC revisions are addressing this. So what are some things to ensure you’re in compliance? Here are some examples: