The Federal Trade Commission (FTC) is proposing alterations to the guidelines which control how advertisers are allowed to use endorsements and testimonials to publicize their products. The FTC's intention is to qualify many of the results seen in advertisements, noting that simply stating "actual results may vary" is no longer enough of a safeguard for the public.

"In these situations, such as with before-and-after pictures of dramatic weight loss, the disclaimer 'results may vary' or 'results not typical' is not going to fly anymore," said, Marc Ullman, a former DSIB Board member. "You'll need to go beyond that, with a disclosure more along the lines of '90 percent of product users lose between five and 10 pounds in four months,' which is dramatically different."

"What FTC is doing is clarifying principles that have developed in the past decade in case law, and putting that information in the guides so that advertisers don't have to track down specific results in FTC litigation," Ullman said. "If the person providing the testimonial is the company's office manager or the owner's brother-in-law, it must be disclosed."

This is one of the key changes put forth by the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. There is some concern however that such measures will go too far, narrowly defining what is permissible, and unduly restricting promotion efforts. You can see the entire document in question right here. Additionally, the FTC will be accepting public comments on the revisions through Jan. 30, 2009.

You can read the comments which have already been sent to the FTC by the Natural Products Association and others at www1.ftc.gov.