If you’re like many people, before you lay your money down — particularly for big-ticket items — you want to hear what past buyers say about them. The FTC took a big step today to make sure that what you hear is truthful. It warned businesses that the endorsements they use to help sell their products must reflect the actual experience and opinions of real people who used them.
The FTC sent a “Notice of Penalty Offenses” to more than 700 large companies, top advertisers, leading retailers, well-known consumer product companies, and major advertising agencies. The Notice describes advertising practices involving endorsements that the FTC found were deceptive in past lawsuits. The recipients were picked because they are top marketers and agencies, not because they are suspected of doing something wrong. But they are now all on notice that, if they use any of these deceptive practices in the future, they can face penalties of up to $43,792 per violation.
What kinds of advertising crosses the line? Among other things, companies that use endorsements
- Can’t misrepresent that an endorser is an actual, current, or recent user of a product
- Can’t misrepresent that endorsers’ experiences represent people’s typical experiences
- Can’t use an endorsement without good reason to believe the endorser still holds the views expressed
- Can’t use an endorsement to make deceptive claims about how a product performs, and
- Can’t fail to disclose an unexpected relationship between the endorser and the advertiser, like a business or family relationship, a payment, or a gift of a free product.
The Notice could apply not only to a company’s own ads but also to its use of influencers, fake reviews, and reviews by customers with connections to the company.
When shopping for a product or service, you’ll want to evaluate any reviews carefully.
- Consider the source of the reviews. What do you know about the reviewer? Or about the site or platform where you’re reading the reviews?
- Look at more than one source. Good places to start are well-known websites that have credible and impartial expert reviews.
It is your choice whether to submit a comment. If you do, you must create a user name, or we will not post your comment. The Federal Trade Commission Act authorizes this information collection for purposes of managing online comments. Comments and user names are part of the Federal Trade Commission’s (FTC) public records system, and user names also are part of the FTC’s computer user records system. We may routinely use these records as described in the FTC’s Privacy Act system notices. For more information on how the FTC handles information that we collect, please read our privacy policy.
The purpose of this blog and its comments section is to inform readers about Federal Trade Commission activity, and share information to help them avoid, report, and recover from fraud, scams, and bad business practices. Your thoughts, ideas, and concerns are welcome, and we encourage comments. But keep in mind, this is a moderated blog. We review all comments before they are posted, and we won’t post comments that don’t comply with our commenting policy. We expect commenters to treat each other and the blog writers with respect.
We don't edit comments to remove objectionable content, so please ensure that your comment contains none of the above. The comments posted on this blog become part of the public domain. To protect your privacy and the privacy of other people, please do not include personal information. Opinions in comments that appear in this blog belong to the individuals who expressed them. They do not belong to or represent views of the Federal Trade Commission.
In reply to Where does I file a complaint by Claude
Report fraud, scams, and bad business practices to ReportFraud.ftc.gov.
In reply to Wonder if that applies to the by Honor
A full list of the businesses receiving the Notice from the FTC is available on the FTC’s website. A recipient’s presence on this list does not in any way suggest that it has engaged in deceptive or unfair conduct.
In reply to Hello! Is this notice by aj
Click on the blue, hightlghted words "FTC sent a Notice of Penalty Offense" in the second paragraph of this blog to connect to the press release that tells about Notice and connects to a copy of the Notice and list of businesses that got a copy of the Notice from the FTC.