Five Best Practices in Advertising Law

??This past year, the FTC issued an extensive Q&A on its endorsement guides, which the FTC uses to evaluate whether an endorsement or testimonial is deceptive. Importantly, it is very clear that any “material connections” between endorsers and a brand must be disclosed, and these connections can arise in unexpected places, including social media. Companies also need to be on the lookout for inadvertent “material connections” they can create with bloggers, contest entrants, brand ambassadors and others, and be sure that those connections are clearly and conspicuously disclosed. 

What: Marketers and advertisers need to know that endorser disclosures are the advertiser's responsibility.

So what: Companies must provide appropriate training and monitoring to their endorsers.

Now what: Make sure you're aware of the FTC endorsement guidelines, which are used to evaluate whether an endorsement or testimonial is deceptive.