As you may or may not know, the Federal Trade Commission (FTC) just came out with an update to their "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
It's the first time they've updated these guides since 1980.
This move was seen coming for a while now and most people have focused on the implications of this update on the blogging/social media world, not to mention the impact it will have on "sponsored conversations" or what we'd call "influencer outreach".
Ultimately the entire guidelines have one thing in common: disclosure. And not just a throwaway disclaimer, but one that actually makes sense, is authentic and transparent.
Most people have also COMPLETELY missed the real news - that which concerns detached celebrities living in LaLaLand and the delusional executives that call Madison Avenue their home.
Arguably the people LEAST affected by this are the third group, the disheveled basement-dwelling "face for radio" bloggers.
In part 1, I'll focus on the body blow this should - hopefully - deliver to the advertising community:
Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides â which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as âresults not typicalâ â the revised Guides no longer contain this safe harbor.
From Viagra to Herbalife or any other diet-related product; from headache remedies to the cigarettes that help you get that supermodel on the French Riviera, you're all on notice. Quite frankly, the entire Pharma/DTC industry might need some of those Excedrin Migraine tabs right about now.
Hopefully this means a LOT more disclosure than "ask your doctor" and "see our ad in Gourmet magazine" (aw crap, it just closed down) or the fast-talking, low-tone disclaimers at the end of the tiptoe through the tulips euphemisms.
Hopefully this will also end up covering those 30-second spots which feature "screen simulated" "disclaimers" that basically say we're completely fabricating the stuff we purport this product to actually be able to do...
...but I digress.
The way I see it, this is a profoundly positive step in the right direction. No more duping consumers with the "exceptions" in the blind hope that they can be the norm.
My BFF, the FTC also expands on suspect "research":
Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement â like any other advertisement â is deceptive if it makes false or misleading claims.
Quit playing games with my heart FTC. Why can't we be together, forever? Not only do we now need to fess up to the biases associated with suspect research, but we need to make sure the research is accurate as well? What is this world coming to????!!!!!
Another huge implication in terms of understanding the background, motivations and context associated with claims. Pretty sure the CPG vertical is paying attention now.
I urge you to do your civic duty and report any advertisers contravening these elementary disclosures. Send them directly to me and I'll make sure I pass them on to my friends at the FTC.
All in all, I'm stoked. Part 2 will focus on the poor underworked, overpaid celebrity; desperately trying to find their place in a sun now dominated by reality stars and average schmucks like you and me. Tear.
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