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Endorsers also may be liable for statements made in the course of their endorsements.Įxample 1: A building contractor states in an advertisement that he uses the advertiser's exterior house paint because of its remarkable quick drying properties and durability. (d)Advertisers are subject to liability for false or unsubstantiated statements made through endorsements, or for failing to disclose material connections between themselves and their endorsers. Additionally, the advertiser may continue to run the advertisement only so long as it has good reason to believe that the endorser remains a bona fide user of the product. (c) When the advertisement represents that the endorser uses the endorsed product, the endorser must have been a bona fide user of it at the time the endorsement was given.
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An advertiser may satisfy this obligation by securing the endorser's views at reasonable intervals where reasonableness will be determined by such factors as new information on the performance or effectiveness of the product, a material alteration in the product, changes in the performance of competitors' products, and the advertiser's contract commitments. An advertiser may use an endorsement of an expert or celebrity only so long as it has good reason to believe that the endorser continues to subscribe to the views presented. However, the endorsement may not be presented out of context or reworded so as to distort in any way the endorser's opinion or experience with the product. (b) The endorsement message need not be phrased in the exact words of the endorser, unless the advertisement affirmatively so represents. [ See § 255.2(a) and (b) regarding substantiation of representations conveyed by consumer endorsements. Furthermore, an endorsement may not convey any express or implied representation that would be deceptive if made directly by the advertiser. (a) Endorsements must reflect the honest opinions, findings, beliefs, or experience of the endorser.