Overview
In our previous client alert (see here), we summarized recent Federal Trade Commission (FTC) activity governing the use of endorsements, consumer reviews, and testimonials. On June 29, the FTC published the final version of its revised Endorsement Guides, along with corresponding revisions to the Commission's popular FAQ page, FTC Endorsement Guides: What People Are Asking. Then, on June 30, the Commission announced a Proposed Rule on the Use of Consumer Reviews and Testimonials addressing many (but not all) of the same issues as the revised Endorsement Guides issued just one day prior. We noted that publication of the consumer review Proposed Rule in the Federal Register would trigger a 60-day public comment period.
That public comment period is now open. Today, the FTC formally published its Proposed Rule in the Federal Register. Public comment is open until September 29, 2023. The comment period is an important opportunity for businesses to express their views on the Proposed Rule and the issues and complications with it, as well as to present information and data that could help shape the Rule. The Steptoe team can assist with participation in this public comment period and the anticipated rulemaking process. Please do not hesitate to contact the authors of this alert for help with any issues concerning the Endorsement Guides or advertising counseling and compliance more generally.
