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Everyone in the distribution chain of an advertising message now carries the burden of that message — even if you had nothing to do with creating it. The industry has been living with the Federal Trade Commission’s Revised Endorsement Testimonial Guides since they were released in December, and they continue to be a critical issue to address. If you’re not paying attention to the new rules, you risk significant exposure.
The FTC isn’t fooling around. The agency has indicated that third parties such as advertising agencies, media, Web site designers and catalog marketers may be liable for “making or disseminating deceptive representations if they participate in the preparation or distribution of the advertising.”
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