Continuing our "On Notice" series about the FTC’s Notice of Penalty Offenses Concerning Endorsements , we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive performance claims even if such testimonials genuinely reflect the endorser’s own experience, and (2) misrepresent explicitly or implicitly that the experience described by endorsers of a product or service "represents the typical or ordinary experience of users."
The FTC cited several prior decisions in support of its Notice, including: Cliffdale Assocs., Inc. , 103 F.T.C. 110 (1984) . The advertiser used testimonials to make performance claims for a […]
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