The Federal Trade Commission (FTC) released the final revisions to the Endorsement Guides as well as an updated version of its accompanying guidance, the FAQs. The 2023 version of the Endorsement Guides, supported by the updated FAQs, expands the scope of the Guides and clarifies the FTC’s position on a number of areas related to endorsements.

In this Part 1 of a two-part episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Advertising, Marketing and Media Partners Jesse Brody and Bezalel Stern to explore some of the key revisions to the Endorsement Guides and related examples in the updated FAQs. In particular, Po, Jesse and Bez discuss the “endorsement” definition, “clear and conspicuous” disclosure of material connections, consumer reviews, and the liability of advertisers, agencies and other intermediaries and endorsers.

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Additional Resources

Podcasts:

• Episode 23: Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission
• Episode 19: A Closer Look at the Proposed Amendments to the FTC Endorsement Guides: Key Takeaways for Advertisers

Articles:

• An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 2 of 2
• An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 1 of 2
• FTC’s Revised Endorsement Guides Upend Gender Stereotypes
• FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials
• The FTC Takes on ESG: Proposed Updates to the Green Guides