FTC Extends to March 2, 2009 the Period for Public Comment for Endorsement/Testimonial Guide Changes
Posted by: Andy Lustigman
January 29, 2009

The FTC has extended the current public comment period related to proposed revisions of its Guides Concerning the Use of Endorsements and Testimonials in Advertising until March 2, 2009. In a Federal Register notice published on November 28, 2008, the FTC has requested public comments on its proposed revisions to the Guide provisions addressing, among other things, consumer endorsements and disclosure of material connections between advertisers and endorsers.

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Altria Group, Inc. v. Good: Supreme Court Rejects Pre-emption and Allows Smokers to Sue for Fraud
Posted by: Jill Abitbol
January 06, 2009

On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act"). In a divided five-to-four opinion, the Court held that the Labeling Act did not expressly or impliedly pre-empt claims of fraudulent advertising under the Maine Unfair Trade Practices Act ("MUPTA"). This decision allows claims by smokers seeking billions of dollars in damages from tobacco companies to proceed.

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SAY GOOD BYE TO "RESULTS NOT TYPICAL"? THE FTC PROPOSES REVOLUTIONARY CHANGES TO ITS GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING
Posted by: Andy Lustigman
January 06, 2009

The FTC recently proposed significant revisions to its endorsement and testimonial guides that if implemented, will greatly impact advertising utilizing testimonials. Under the proposed revisions, if the advertiser does not have substantiation demonstrating that the results depicted in a testimonial are typical, the advertiser is required affirmatively state the typical experience or otherwise have its own empirical data demonstrating that consumers understand the limitations of the testimonial. The FTC is seeking public comments on the proposed guidelines, published in the Federal Register and available here, by January 30, 2009.

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