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Katie Bond Quoted in a Nutritional Outlook Article on FTC’s New Endorsement Guides

Keller and Heckman Partner Katie Bond was quoted in the Nutritional Outlook article, “Got product reviews? What to know about FTC’s new Endorsement Guides.” The article outlines key points that supplement brands should know about the updated FTC Endorsement Guides.

One point is the fact that companies are not responsible for truly independent, or unincentivized, reviews, according to Katie. “Section 230 has always said this, but FTC’s stance on Section 230 hasn’t always been clear or well documented,” Katie explained. “The notice also acknowledges that FTC’s jurisdiction is limited to commercial speech, meaning speech promoting a product. That’s helpful to have in writing. FTC hasn’t always been clear on that point either, leaving a gray area around employees, for instance, involved in discussion with the press or in social media quite apart from promoting a product.”

In addition to the updated Endorsement Guides, FTC has recently proposed a new rule that would prohibit the purchase and sale of fake reviews. “The new rule would prohibit activities such as selling or obtaining fake reviews, using fake-review websites, conditioning payment on a review favoring the company, using employee reviews without clear disclosure, and using unjustified legal threats or harassment to prevent or remove negative reviews,” commented Katie. “Once finalized, a single violation can be subject to a civil penalty of up to $50,120.”

To read the full article, please click here.