On June 29, the Federal Trade Commission released an update to its Endorsement Guides. The revised Endorsement Guides made a number of important changes, with the following six representing the most material ones:
The addition of a definition of "clear and conspicuous";
- Changes to the definition of "endorsements" to clarify the extent to which it includes fake reviews, virtual influencers and tags in social media;
- The adoption of a new principle in the procurement, suppression and boosting of consumer reviews;
- Guidance regarding incentivized reviews, reviews by employees and fake negative reviews of a competitor;
- New emphasis on the special concern posed by child-directed advertising; and
- Additional details on the potential liability of advertisers, endorsers and intermediaries.
