By Lesley Fair

“I’m not a doctor, but I play one on TV.”

 As that old slogan suggests, endorsements from experts―and people consumers perceive as experts―can be a persuasive marketing tool.  When endorsements reflect the honest opinions of genuine authorities in the field, they can help potential buyers evaluate advertising claims.  But when the endorsement is deceptive, the advertiser and the expert can find themselves in legal hot water.  The revised Endorsement Guides issued by the Federal Trade Commission (FTC) offer practical guidance on the dos and don’ts when using expert endorsements in your marketing campaign.

• Quoth the maven.  According to the Guides, an expert is any person or group who through study, training, or experience has knowledge about a subject superior to what ordinary people have.  Yes, that includes doctors, scientists, and others with a string of impressive letters after their name.  But depending on the claim, the Guides also cover endorsements by people who gained their know-how the old-fashioned way:  through years of practical experience.  And that makes sense, doesn’t it?  If you’re shopping for the best kitchen faucet, the word of a master plumber would carry more weight than the opinion of a Nobel Laureate in Astrophysics. 
• Out in left field?   If an ad conveys directly or by implication that an endorser is an expert, he or she must have actual expertise in the area that’s the subject of the endorsement.  For example, if a TV commercial for a hearing aid refers to an endorser as “Doctor,” consumers would be reasonable in assuming the endorser is a physician or other professional healthcare provider with expertise in the relevant field.  If the “Doctor” is actually a Ph.D. in English Literature, any express or implied claim of expertise would be deceptive.  The endorsement also would cross the line if the endorser is a physician, but with no expertise in the field of hearing.  In that case, it would be critical for the advertiser to clearly and conspicuously explain the limits of the doctor’s qualifications.
• Exercising expertise.  According to the FTC Guides, expert endorsements must be based on an actual exercise of the person’s expertise.  This must include an examination of the product at least as extensive as other experts in the field would conduct to support the claims in the endorsement. 
• Disclosure exposure.  When there’s a connection between an endorser and a seller that might affect the weight or credibility of the endorsement―in other words, if there’s a connection not reasonably expected by the audience―the connection must be fully disclosed.  How that principle applies to expert endorsements may depend on the financial arrangement.  For example, say an ad for an anti-snoring product features an endorsement by an ear, nose, and throat doctor.  Consumers would probably expect the physician to be reasonably compensated for her appearance in the ad and for her professional evaluation of the product.  But what if the doctor gets a percentage of product sales or owns part of the company?  Those facts would likely affect the weight people give her endorsement.  Thus, the advertiser should clearly and conspicuously disclose that connection.

Looking for more information?  Read The FTC’s Revised Endorsement Guides:  What People are Asking and watch the FTC’s videos.

Lesley Fair is an attorney with the FTC’s Bureau of Consumer Protection.