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Testimonials & Endorsements

A testimonial is an advertising or promotional message that consumers are likely to believe reflects the opinions, beliefs, or experiences of a consumer who has actually purchased, used, or otherwise had experience with a product, service, or business. It could include verbal statements, demonstrations, or depictions of a person's name, signature, likeness, or other identifying characteristics of an individual.

• A Consumer Testimonial is a testimonial by a regular consumer of a product, service, or business.
• A Celebrity Testimonial is a testimonial by a well-known individual (including an "influencer").
• A testimonialist is a person giving a testimonial, whether a regular or well-known individual.

Testimonials are an excellent promotional and advertising tool. There are, however, some regulations you must comply with if you decide to use testimonials in your marketing materials¹.

Testimonials vs Consumer Reviews

Testimonials and reviews are similar but not exactly the same.

Consumer reviews (and ratings) are typically submitted by the consumer and displayed as-is, grouped with the reviews and ratings for the same product, service, or business.

Testimonials are promotional or advertising messages, which means you choose which ones to use in your marketing materials. A testimonial may come in as a terrific consumer review, but it becomes a testimonial when you use it in your marketing materials.

Fake Testimonials

Any testimonial must honestly reflect an actual person's genuine opinion, belief, or experience. You can't just make up a testimonial.

Requesting Testimonials

You can ask a customer to provide a testimonial.

You can also pay for a testimonial with products, coupons, or other valuable exchanges, but if you do, you must disclose the fact. (For example, "Janey was provided with free products to test, but this was her actual experience.”)

Any disclosure must be clear, conspicuous, and visible with the testimonial; you can't hide it behind a link or make it difficult to find on the page.

Permission

While not covered in the FTC regulations, it is covered elsewhere that you must get permission before using a person's name or likeness (picture). This is true for everyone, but especially true for well-known people (celebrities) who often have a financial interest in how their name or likeness is used.

You shouldn't alter or edit the testimonial without the customer's consent.

If the person provides you with a picture, remember that the person who TOOK the photo owns the copyright. If you didn't take the picture, you need to get a license or permission to use it from whoever took it.

Insider Testimonials

If you use a testimonial written by yourself, an employee, or your or the employee's immediate family member,² the nature of the relationship must be clearly and conspicuously disclosed.

It also must be an accurate statement of the person's own use of or experience with the product

False of Deceptive Claims

It is your choice if and when to use a testimonial in your marketing materials. Therefore, the content of a testimonial can be considered a claim that you are making for the product. For example, if you use a testimonial that says your cosmetic can treat eczema or cure cancer, you are making that claim for your product.

In the case of cosmetics, using a testimonial that makes a "drug claim" has several ramifications. From an advertising point of view, the testimonial is false and deceptive because your cosmetic isn't a drug and hasn't been proven effective for those uses. From a legal point of view, it could cause the product to be considered an unapproved new drug (and therefore illegal).

Don't use testimonials that make drug claims for your product or are otherwise untrue.

Bottom Line

By all means, use testimonials in your marketing!

Just make sure that:

• The testimonial is from a real person.
• It accurately describes their experience with the product, service, or business.
• You have permission to use the testimonial and the person's name or likeness.
• You have permission or license to use any photographs of the person.
• Any special relationship with the testimonialist, such as family or employment, is disclosed.
• You disclose if you paid for the testimonial in any way.
• The testimonial doesn't contain false or deceptive statements about the product or service (such as making a drug claim for a cosmetic product).