Yes, that title was a little long, but I wanted to be sure I had your attention. As the majority of you could be aware ( or should be, at least ) yesterday new FTC rules came into effect concerning the utilization of testimonials and endorsements in advertising. Lots of the new laws directly affect online marketers, so I determined to go direct to the source to see exactly what this would imply for me ( and for you, my readers ).
I went to http://www.ftc.gov/opa/2009/10/endortest.shtm and basically read thru the entire 12 page guide particularly the Fed Trade Commission 16 CFR Part 255 Guides Concerning the utilization of Endorsements and Testimonials in Advertising. Here are the highlights as they pertain to us online marketers :
first there’s the matter of endorsements. The FTC specifically states that endorsements must reflect the honest views, findings, beliefs, or experience of the endorser. This part may appear pretty simple, but how they outline that ‘honesty’ has some big ramifications about how it’s possible for you to write your sales copy or other advertising or promotion pieces.
The giant term that the FTC is using is substantiation of representations conveyed. What this implies is that you need to be able to prove ( and back up ) any claims you make. Which I have always told you to do, but what’s modified is what they consider explanation. While Ihave always used real examples for my evidence, I ( and everyone else ) would naturally pick out the best results out of the bunch to highlight. It’s a natural thing to do.
But now, no longer can you say, about a weight loss product, for example, Lose twenty pounds in 2 weeks! simply because one of your customers did. Now, any claims you make need to be representative of the average experience of the user, not the exceptional ones. And you can’t just cover your butt with a results not characteristic disclaimer, either the FTC has deemed that disclaimers did not adequately scale back the communication the experiences depicted are sometimes representative. In English, that suggests that even if you assert that results aren’t standard in small print, it does not change the indisputablefact that you’re giving the impression in the big giant strap line that everyone could lose twenty pounds in 2 weeks.
Keep reading the rest about New FTC Regulations…
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