Posted by: Andrew Lustigman
November 13, 2009
Topic: Marketing and Advertising Law

Perhaps the most important development in advertising law in several decades, the FTC's recently revised Guides Concerning the Use of Endorsements and Testimonials in Advertising go into effect on December 1, 2009. The revised Guides (available online at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides have a number of new elements that are extremely important for all marketers to understand, including:

* The elimination of the "results not typical" safe harbor for advertisements showing a consumer's experience with a product;

* Making it clear that endorsers as well as advertisers can be held liable for false or unsubstantiated claims

* Describing the obligation of celebrities to disclose relationships when making endorsements outside of ads (e.g. on talk shows); and

* The disclosures and liability marketers face when incorporating on-line media reviewers and promoters.

To help you better understand how the FTC's Guides have changed, and what they mean for your business, The Lustigman Firm will be offering a free Webinar on the Guides on Friday, November 20, 2009, from 12:30 to 1:30 PM Eastern time. During the Webinar, Andrew B. Lustigman, Adam Solomon and Jonathan I. Ezor will lead attendees through the new language, discuss the likely enforcement of the rules, and highlight particular pitfalls in the Guides. Participants will also get the chance to ask questions about the Guides and how they impact on specific types marketing efforts.

For your convenience, you can attend the Webinar either online or via a telephone dial-in line. For more information and to sign up, please email ej@lustigmanfirm.com

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