With the evolving use of social media and consumer and product reviews in marketing, the Federal Trade Commission (FTC) has proposed significant revisions to its Endorsement Guides in its ongoing effort to provide more practical guidelines and combat deceptive practices relating to endorsements and reviews. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Advertising Partners Jesse Brody and Jeffrey Edelstein to discuss some of the key updates to the Endorsement Guides that the FTC has proposed, including expanded definitions of “endorser” and “endorsements” to include social tags and virtual influencers, clarification on the disclosure of material connections, and a new definition of “clear and conspicuous” relating to such disclosure, as well as a new section addressing consumer reviews.

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Additional Resources

• FTC Proposes Major Updates to the Endorsement Guides
• FTC Puts Advertisers and Agencies on Notice for Fake Online Reviews and Other Deceptive Endorsements
• Keeping It Real: FTC Settles Cases Over Fake Social Media Indicators, Reviews
• Fake Likes, Followers Yield Real Legal Action
• Online Fashion Retailer Fined by FTC for Suppressing Negative Reviews
• FTC Settles With Tea/Skincare Marketer, Sends Warning Letters to Influencers
• NAD Straightens Disclosures for Incentivized Consumer Reviews of Aligner Products
• FDA Will Study Impact of Influencers on Drug Market