FTC Cracking Down on Testimonials
July 9th, 2007
Via Adweek, the Federal Trade Commission is considering “getting more restrictive in its guidelines on the use of testimonials and endorsements in advertising.”
Why? Because testimonials aren’t always the “typical” result. Like in the case of weight loss programs, or results from exercise equipment. Or even acne medication. So the FTC is thinking about having companies tell consumers what the typical results are, instead of (or in addition to) highlighting the best case scenarios.
Does this have marketers worried? You bet. Publishing the typical results will take away from the, well, deception that they focus on for their commercials.
The ANA got all lawyered-up and here’s what their man has to say:
“That could be a very burdensome requirement on advertisers and it stifles speech by requiring the advertiser to say something they wouldn’t ordinarily have to say,” argues Tony DiResta, an advertising attorney with the law firm Reed Smith, who filed a comment letter with the FTC in March 2007 on behalf of the Association of National Advertisers.
Boo-freakin’-hoo.
Stifles speech? Are you kidding me? When is telling the truth stifling speech? Pretty soon all advertisers will have left is honesty. And I’m sure that’s the scariest proposition of all.
Other posts by Spike.
Ryan Karpeles says:
“Pretty soon all advertisers will have left is honesty. And I’m sure that’s the scariest proposition of all.”
Right on, Spike. It’s getting harder and harder to get away with sugar-coating in today’s marketplace. This is great for consumers, crappy for advertisers.
With that in mind, the best thing you can do is make a product and/or service that has honesty and value baked right into it. Sooner or later, there will be no room left for exaggeration and falsification. What you see is what you get. So create the best thing people can see, and “typical” will suddenly become extraordinary.
July 9th, 2007 at 10:26 amDavid Binkowski says:
“…it stifles speech by requiring the advertiser to say something they wouldn’t ordinarily have to say.”
LMAO. That’s HILARIOUS — Quote of the year!
July 9th, 2007 at 5:00 pmMichael Morton says:
Preach it brotha!
July 10th, 2007 at 5:41 amJohn Fabian says:
Over 20 years ago, when I worked at a large Mad Ave. agency, I was taught that testimonials had to meet the “law of typicality.” Any testimonial beyond the mean (like saving $1,000 on car insurance when the average customer savings was $200) could not be used in advertising. Wonder what happened in the interim?
July 10th, 2007 at 9:55 amChristy says:
I’m not worried at all. Heck, most of our customer-created testimonials are so over-the-top (”You saved my home!! You’re my angel!”) that they’re unbelievable anyway. We love it, because they’re all true, and no matter how much a regulating agency digs, we have nothing to worry about.
July 12th, 2007 at 5:22 am