FTC Releases Updated Endorsement Guides and Proposes New Rule on Fake Reviews

Yesterday, the Federal Trade Commission released its updated Guides Concerning the Use of Endorsements and Testimonials in advertising.  In connection with the release of the new Endorsement Guides, the FTC also published an updated version of its FAQs, FTC's Endorsement Guides:  What People Are Asking.  Then, if you were worried that you wouldn't have enough beach reading for the holiday weekend, today, the FTC announced that it is proposing a new Trade Regulation Rule on the Use of Consumer Reviews and Testimonials.  

There's a lot here.  The FTC is providing new and detailed guidance a wide variety of topics, including, for example, about when disclosures of material connection are required (and how to deal with star ratings and even "likes"), what types of disclosures will be effective (and which hashtags work!), the consumer review ecosystem (and when you can delete reviews), and the use of expert endorsements (is a PhD a "doctor"?).  There's also lots of guidance about what types of monitoring advertisers are expected to do (and for how long) as well as advertiser, advertising agency, and others' liability for endorsements that don't comply with the law.  There's even some guidance about accepting  display advertising that's related to reviews that are published.  

Over the next few weeks, we'll be publishing detailed guidance about the revisions to the Endorsement Guides, as well as information to consider as the FTC engages in a new review-related rulemaking.  But, until then, have a great 4th!