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LegalCornerTM - Advertising Law F.A.Q.'s

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Q.How do I prevent a testimonial or endorsement from being deceptive?

A.Testimonial and endorsements must conform to advertising laws. The use of endorsements must reflect the honest opinions or beliefs of the endorsing party. The endorsement may not be deceptive or unsubstantiated. There must also be a good-faith reason to believe that the views expressed by the endorser continue to represent the views of that endorser. If there is a relationship between the endorser and the company, that relationship must also be disclosed (e.g. financial arrangement for a favorable endorsement, a position with the company, or stock ownership). The endorser must also continue to be a bona fide user of the product or service for as long as the advertisement or ad campaign is run.

If your ad campaign contains an endorsement from an expert, the endorsement must be based on appropriate tests, studies or evaluations performed by people that have mastered the subject matter.

Testimonials and endorsements must also reflect the typical experiences of consumers, unless the ad clearly and conspicuously states otherwise. A statement that not all consumers will get the same results is not enough to qualify a claim. Testimonials and endorsements can't be used to make a claim that the advertiser itself cannot substantiate.

testimonials and endorsements must conform to the advertising laws prohibiting false advertising and deceptive advertising.

Copyright 1999-2024 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.