This article by Century City partner Kate S. Gold and counsel Paul M. Gelb follows the Federal Trade Commission’s issuance of its revised Guides Concerning the Use of Endorsement and Testimonials in Advertising (FTC Guides), which took effect December 1, 2009. The new FTC Guides make clear that employees’ online postings can constitute improper public endorsements and testimonials in advertising if the employees do not disclose that they work for the company. In “Best Practices for Employee Internet Use,” Kate and Paul discuss an employer's obligations under the new FTC Guides as well as avoidance of Lanham Act liability potentially associated with an employee's online statements.

 

Source: The Daily Journal