subject: FTC - Testimonial Rules Just Got Stricter [print this page] FTC - Testimonial Rules Just Got Stricter
In the past, testimonials on brochures, TV commercials, newspaper ads, magazine inserts, billboards, etc. used to be OK. All the marketer needed to do to abide by FTC's old rules was have a tiny disclaimer at the bottom which disclosed "results not typical". That is no longer acceptable.
There have been some huge changes. These changes are wonderful for the buying public, but they could present huge problems for the advertisers.
The biggest change is that when you use a testimonial in an ad, brochure, pamphlet, billboard -- or anywhere -- you must now state the typical result.
So, if a very beautiful and thin woman claims that she lost 35 pounds using this exercise equipment, then that very same advertisement must declare the average weight loss experienced by all users. No longer can advertisers glibly disclose that these results are not typical. No longer can they claim that each person's body reacts differently. No, not any longer. From now on, typical results must be disclosed if a testimonial is used.
One problem for advertisers is that they have, in total, invested many tens of billions of dollars in video content, audio content, printed material etc. All this must now be changed if there is a testimonial anywhere. Look at your material to see if there is even one testimonial.
Another problem is that typical results may not be available. For example, some services like Weight Watchers actually see their clients. This is true for other services like fitness clubs and law offices. So, records can be kept and verified. What percent of our dieters have lost 30 pounds? What percent of our lawsuits have we won for our clients? Those statistics will be known.
But, if a company sells products through retail outlets, how will they get to the end user to collect statistics?
You now know the new rule and you know some obstacles. It is your
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