ERSP Advertising Week Summit

ERSP held its first Advertising Week Summit on October 6, 2011 at Lucille's Bar & Grill in NYC. 

The panelists provided guidance on how to use testimonials and endorsements in social media. Even with the proliferation of word-of-mouth marketing and social media, many of the ground rules for testimonials and disclosure haven't been set. With this in mind, a running theme throughout both panels was whether an organic conversation on a platform such as Facebook could become a testimonial/endorsement. User-generated content is becoming more and more popular, but there is little precedent regarding how this type of content is approached from a regulatory standpoint. Regardless, all of the panelists encouraged companies to monitor what affiliates and consumers are saying on social media about their products and to ensure that unrealistic claims are not being made.

The panelists also explained the key changed to the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. The Guides were revised back in 2009 to more accurately reflect the use of "new media" in advertising. With the "Results not typical" safe harbor eliminated, the panelists explained different ways of approaching the disclosure of material connections and typical product performance.

ERSP found the panels to be very engaging and informative and would like to thank the panelists for leading the discussion. We hope you enjoyed the event!