This session un-muddies the murky waters of the FTC’s ever-changing focus, the proliferation of IP-related lawsuits, and the legal ambiguity regarding many forms of Internet-based marketing.
67. Claims Must Be True As Stated Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255 )
68.
69. Must Be True “Expert” OpinionGuides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255 )
70.
71. Rule Often Applies Where Endorser Is Not Celebrity or Well-Known Expert.
72. “Connection” May Be Money or Publicity.Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255 )
73. “FLOGS” (FAKE BLOGS) MATERIAL CONNECTIONS RULE APPLIES TO BLOGS AND FLOGS (EXAMPLES)
74.
75. “Regular Price” means same price, in the same quality, quantity, and service level at which the seller has sold the product in that geographic market or trade area for a reasonably substantial period of time.
76. Ad must be clear. All obligations and conditions set forth at the outset (not the end).
80. Amount and Type of Substantiation/Proof - Type of Product (Health Products = High Level) - Type of Claim - Benefit of Truthful Claim - Cost of Substantiation - Consequences of False Claim - What Experts in Field Say Is Reasonable
81.
82. Amount and Type of Proof Varies (“Anecdotes not enough”)
83. Quality of Evidence (“Competent and reliable”)
84. Totality of Evidence (“Can’t ignore unfavorable”)