Posts Tagged ‘guides’

ERA Spotlight Sessions: Endorsements and Testimonials - Pop Quiz!

Monday, November 2nd, 2009

The FTC has recently released new Guides on Endorsements and Testimonials. These new Guides mean new rules for all types of marketers and talent. But are you ready to comply? Take this pop quiz to see if you are prepared:

  1. Can celebrities have liability for endorsing a product that does not work?
  2. Can you ever use a disclaimer like “results not typical”?
  3. Do you need to do a study to show what the generally expected result will be for your product? If so, what kind of data do you need?
  4. Are you responsible for the claims your affiliates make? If so, what can you do to avoid liability for the actions of rogue affiliates who make claims you don’t agree with?
  5. A celebrity wears clothing with your logo as part of a contract. Is this an endorsement?
  6. What is a clear and conspicuous disclosure on a blog?
  7. When you show a testimonial, are you claiming that others will experience similar results?
  8. Can you structure your TV spots in a way that does not send consumers the message that they will experience similar results?
  9. (How) Can you comply by simply editing your existing spot?
  10. What is the FTC particularly concerned about? How can you make sure you are complying with the Guides?

Get the answers to these questions and ask your own at the ERA Spotlight Sessions: Endorsements and Testimonials. The first session is December 7 in New York City, the second session is December 14 in Long Beach, CA and the final session will be a live webinar on December 17 (free to ERA members).

Rich Cleland, an Assistant Director in the FTC’s Bureau of Consumer Protection will participate in each session. He will be joined by top legal experts in the industry to answer your questions. The two in-person sessions will be half-day events including two panels and a question and answer session with all of the panelists. These in person sessions will give you the opportunity to meet and share strategies with others experiencing similar challenges. See the details and register now. retailing.org/ERA_Spotlight_Sessions

Tomi Turner is ERA’s legislative manager.

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Posted in Advertising, Direct Response, ERA, Government Affairs, Just for fun..., Research, drtv | 1 Comment »

ERA’s Tomi Turner on the FTC’s Revised Guides

Tuesday, October 6th, 2009

picture-150x150Yesterday, the Federal Trade Commission released its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising. The Guides are more than 80 pages long, so we’re still analyzing the changes. However, there is no question that our extensive advocacy efforts have had an effect on the final iteration of the Guides. The commentary included with the changes explains that advertisements using consumer testimonials should be evaluated by the net impression of the advertisement. A footnote in the revised Guides also suggests that in some cases a disclaimer could be sufficient. A more comprehensive legal document will be circulated shortly, but it is clear from a preliminary review that our efforts have not been made in vain. The 35 advocacy meetings on the Hill, 40 constituent meetings at the Fly-In, the testimony before the Senate, two sets of detailed comments and our suggested language were all helpful in presenting our case to the FTC.

However, the new Guides certainly do present some challenges, both to traditional TV marketers and those in social media. ERA is already planning educational opportunities that will provide suggestions for compliance with these changes. We hope the FTC will seize the opportunity to improve the marketplace by presenting to these changes to ERA members at one of our conferences.

Members who attended the Fly-In, supported the Leadership Reception, participated in the Government Affairs Committee, helped to author and review our comments to the FTC, and of course, testified before the Senate, were all instrumental in mitigating some of the more harmful changes. We thank you.

Tomi Turner is ERA’s legislative manager.

To read ERA’s official statement, click here.

To read more about ERA’s government affairs efforts and what you can do to help, click here.

To read Electronic Retailer magazine’s June cover story on Endorsements & Testimonials, click here.

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Posted in Advertising, Direct Response, ERA, Electronic Retailer, Government Affairs, Infomercials, Marketer, Online, Social Networks, drtv, e-commerce | No Comments »