The Guides currently allow marketers to use testimonials that are not generally representative of what consumers can expect from the advertised product so long as the marketers clearly and conspicuously disclose either (1) what the generally expected performance would be in the depicted circumstances, or (2) the limited applicability of the depicted results to what consumers can generally expect to receive; i.e., that the depicted results are not representative or typical. The change proposed by the FTC would require all marketers to (1) conduct pre-publication proof of "generally expected results" and (2) to disclose the typical experience a consumer could expect to receive.
advertisement
advertisement