In a Westlaw Today article, attorneys analyzed the Federal Trade Commission's revised Guides Concerning the Use of Endorsements and Testimonials in Advertising, which had not been updated since 2009.
The revised Endorsement Guides provide clearer guidance on the scope of liability for advertisers, endorsers, and intermediaries such as advertising agencies and public relations firms. An important new principle is added on interacting with consumer reviews. This includes discouraging advertisers from "actions that have the effect of distorting or otherwise misrepresenting what consumers think of their products, regardless of whether the reviews are considered endorsements under the [Endorsement] Guides.”
The article was authored by IP litigation partner Peter Brody, life sciences regulatory & compliance partner Kellie Combs, IP litigation counsel Cassandra Roth and IP litigation associate Meredith Foor.
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