On October 5, 2009, the Federal Trade Commission (“FTC”) announced the release of long-awaited revisions to its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”), which take effect on December 1, 2009. Although the Guides do not have the force of law, they provide advertisers with important guidance to avoid potentially unfair and deceptive advertising practices under Section 5 of the FTC Act. Two of the FTC’s revisions are likely to have the greatest impact on advertisers.
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