Are there any restrictions on the use of personal testimonials in advertising?

Yes, there are restrictions on the use of personal testimonials in advertising in Washington. Companies and advertisers must ensure that the testimonials they use in advertising are genuine, clearly identified, and that they are not misleading. The Washington State Administrative Code states that if a consumer’s endorsement is used in an advertisement, it must contain the consumer’s first and last name, plus a separate disclosure that “results may vary”. This is to ensure that a consumer’s individual results are not presented as typical or representative of the experience of others. Additionally, the consumer must have given their consent in writing to the advertiser for it to be used in the advertisement. The Washington State Administrative Code also states that companies should avoid using endorsements or testimonials in advertising that are not based on the actual experience of the endorser. Any claims made in endorsements or testimonials should be truthful, not misleading, and should be backed up with proof of the results. If an advertiser chooses to use endorsements or testimonials in advertising, they must include a clear and prominent disclosure that identifies the endorser, and states if the endorser was compensated for the endorsement. It must also disclose any relationship between the endorser and the advertiser that may influence the endorsement. Overall, in the state of Washington, there are restrictions on the use of personal testimonials in advertising. Companies must ensure that testimonials are genuine and not misleading, that they adhere to the state’s regulations, and that a separate disclosure is included in the advertisement.

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