Venable attorneys Melissa Steinman, Len Gordon, and Shahin Rothermel presented at the ANA Legal Share Group hosted by Venable at Meta on October 4, 2023. They discussed the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides), including the Commission’s new proposed trade regulation, "Rule on the Use of Consumer Reviews and Testimonials," and recent developments concerning the use of endorsements and testimonials in advertising. The Guides and the proposed rule indicate that influencers and endorsers are on the FTC's radar.
The following topics were also addressed:
- The FTC’s new (and expanded) definition of "clear and conspicuous" in the disclosure context
- Purchasing "likes"
- Reformulated products
- Customer reviews
- Review sites
- Employee endorsements
- Influencer sweepstakes
- Endorsements and other advertising aimed at children