Testimonial Tamp-Down: Is a golden age of marketing about to come to a screeching halt?

Uh-oh. New rules now being considered by the U.S. Federal Trade Commission could put a whole new spin on how marketers can use testimonials.

And make it a whole lot harder to sell anything and everything in print, on radio, or with video.

Testimonials would not become illegal. But anytime an advertiser talked about extreme results, they would have to give equal time to describing "typical results."

"The tougher rules, the first update to the guidelines [about testimonials] since 1980, are designed to make it easier for consumers to judge the credibility of marketers' claims," writes The Chicago Tribune. "The changes would affect all forms of advertising and marketing, including blogs and company Web sites. The FTC could bring legal action against firms that don't comply."

This could have serious consequences for businesses that depend entirely on results obtained by outliers -- people at the very front of the bell curve, the exceptional achievers -- to hold up as inspiring examples to sell their products.  Such businesses could disappear from the landscape entirely.

For the rest of us, it may be a signal to roll up our sleeves, hunt down the works of John E. Kennedy and the other old masters of copywriting, and learn to work much harder to sell with the written word.

As someone who was born in Washington, DC (and now lives just about as far away from there as you can get while still living in the continental U.S.), it consistently amuses and amazes me:

Look at the claims, promises and assertions made by the good folks who run for public office.  Like: The President, Vice President, and Members of Congress.

If they were held to one-tenth the "truth in advertising" standards that the businesses who overtly and covertly fund their campaigns are, well, we would be an ungoverned nation because nobody would vote for nobody.

Ah... isn't life ironic?

Thanks to Jon Keel and Perry Marshall for bringing the FTC news to my attention.

Source for details about the FTC proposed regulations, which are "widely expected to be adopted":

Chicago Tribune, March 20, 2009

David Garfinkel, Publisher
World Copywriting Newsletter

Comments

[JamesTheMildManneredEndorser]

Well, this would require a HUGE shift in thinking about testimonials.

AND .... and big change delivers an advantage to smart people who adapt well to the times.

Those people are always with us.

Sometimes, they are us!

David, the golden age of marketing is NOT coming to a screeching halt.

Screeching may come to a halt,
(heh heh), but marketing will not.

Personally,
I tend to embrace change in general,
and changes like this in particular

for two main reasons:

1. I like to think I'm quicker on my feet than the other guy

2. Change is ALWAYS with us anyways.

[Garden Furniture Sets]

hhhhmmmmmn well i can see your point about the US government David but the new regs actually Might be a good thing & here's what i mean by that.

I've invested (like many people before me) heavily in programmes & other products on & offline & have been sometimes pleasantly suprised that they are as good as they state but most times, I'd say a good 70% of the time the hype has been very disapointing.

I think from a standpoint it will raise the bar for most product developers/marketers & show real results from real people, not some genius who used to be a flop (hometown does good story line eh?) & is now earning a gazillion dollars just by flipping his laptop on once a day by working in bed & only spending 1 minute online!

Maybe i'm wrong, maybe i'm right but i think it'll improve things.

Thanks for your insights as usual David :0)

[Ryan Healy]

The hard part will be determining what "typical results" means. What if "typical results" is actually quite good?

Furthermore, how will we know what typical results are if we never hear about the below-average results?

And must we factor in those who do nothing as a part of what "typical" means?

It seems to me the new rules would be hard to interpret. Who knows? It may be best to do away with testimonials entirely if the new law is passed.

[Kevin Polley]

I'm all for improving things and I agree that it might not be a bad thing however ...

I thought the FTC were also meant to take action about UCE ...

If that example is anything to go by, then the little guy will find themselves bending over backwards to comply (and not getting anywhere any faster), while the people who caused the problem in the first place will continue to flout the law and get away with things.

Sure there will be a few high profile cases over time but it won't solve the problem.

Just my 2c

[Mark Pocock]

So David

Good ol' Eugene Schwarz's sales letter with a bullet followed by a testimonial , followed by a bullet then testimonial, etc would stand no chance today if this comes in.

I guess we'll all do like Ryan said:

Forget the testimonials and use other sources of proof an credibility.

Regards

Mark

[David Garfinkel]

Ryan! Mark! Jeez-Louise! :)

Do you really think the ONLY kind of testimonial you can get -- or that would work in copy -- would be one that demonstrates the maximum result possible obtained using the product?

There are other kinds of testimonials that will help sell most products -- especially, experience testimonials and expert-opinion testimonials.

Yes, these new rules are going to make it harder. But not impossible. And you guys look to me like you are throwing in the towel before fight has even started.

C'mon... where's your sense of enterprise and imagination???

David

[Lucid Dream Tricks]

How is this even legal? Doesn't the First Amendment trump anything the FTC says?

The article says there can never be another Jared in advertising.

If it is a fact that Jared lost X number of lbs and the First Amendment protects factual information, then how is it illegal for Subway to tell people that Jared lost X lbs?

[David Garfinkel]

Great questions, Lucid.

I'm not a lawyer -- I dunno.

Is there a counselor reading this who could explain why FTC regs about commercial speech fall under different guidelines than freedom of the press?

[John W. Furst]

Isn't it kind of safe to assume that all people who did not ask for a refund are at least not totally satisfied.

A random sample of testimonial would than include testimonials which are not bragging about specific results but express satisfaction in different terms.

Right, it's to early to throw the towel.

By the way: You are absolutely right, David. If politicians of all coleur were held accountable for their campaign promises, their conduct and performance probably 90% of them would be in jail.

Who saves consumers from politicians? That where improvement is needed.

[John Soares]

I look askance at many of the testimonials I see, especially on websites marketing products.

Testimonials can easily be faked, and often the giver of the testimonial gives it out of self-interest: they want the publicity.