Earlier this year the Federal Trade Commission announced updates to its Endorsement Guides (“Guides”), which provide direction to advertisers to ensure that advertising using endorsements is truthful. The updated Guides address new and changing issues presented by the contemporary advertising landscape, with a significant focus on social media advertising, and provide many examples of the types of advertising practices that may be considered unfair or deceptive under the FTC Act. The FTC recently put the Guides into action when it sent warning letters to two trade associations, 12 registered dieticians, and other online health influencers regarding their failure to comply with the updated Guides. The warning letters provide valuable insight into the types of social media advertising practices the FTC sees as violating the updated Guides and the FTC Act.
