'Results may vary' may no longer suffice for the FTC.(Legal Review)

Response, March, 2007 by Hailey, Gary D.; Knowles, Jeffrey D.

It's obvious, even to a casual observer of the direct response advertising world, that testimonials are often crucial to the success of an infomercial or direct-response spot. What would producers of weight-loss infomercials do if they couldn't use glowing endorsements from purchasers of their products--endorsements that often report exactly how many pounds or inches the endorser lost after buying a new exerciser or taking a dietary supplement?

But how would you like it if you had to disclose the average amount of weight lost by your customers instead of just putting up those four famous words: "Your results may vary?"

Since 1980, the Federal Trade Commission's (FTC) "Guides Concerning the Use of Endorsements and Testimonials in Advertising," have...

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