Guides Concerning the Use of Endorsements and Testimonials in Advertising, 5810-5811 [E9-1644]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Proposed Rules]
[Pages 5810-5811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1644]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / 
Proposed Rules

[[Page 5810]]



FEDERAL TRADE COMMISSION

16 CFR Part 255


Guides Concerning the Use of Endorsements and Testimonials in 
Advertising

AGENCY: Federal Trade Commission.

ACTION: Extension of deadline for submission of comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
extending until March 2, 2009 the deadline for filing comments on its 
proposed revisions to the Federal Trade Commission's Guides Concerning 
the Use of Endorsements and Testimonials in Advertising (``the 
Guides'').

DATES: Written comments must be received by March 2, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Endorsement 
Guides Review, Project No. P034520'' to facilitate the organization of 
comments. Please note that comments will be placed on the public record 
of this proceeding--including on the publicly accessible FTC website, 
at (https://www.ftc.gov/os/publiccomments.shtm) -- and therefore should 
not include any sensitive or confidential information. In particular, 
comments should not include any sensitive personal information, such as 
an individual's Social Security Number; date of birth; driver's license 
number or other state identification number, or foreign country 
equivalent; passport number; financial account number; or credit or 
debit card number. Comments also should not include any sensitive 
health information, such as medical records or other individually 
identifiable health information. In addition, comments should not 
include any ``[t]rade secrets and commercial or financial information 
obtained from a person and privileged or confidential. . . .,'' as 
provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and 
Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing 
material for which confidential treatment is requested must be filed in 
paper form, must be clearly labeled ``Confidential,'' and must comply 
with FTC Rule 4.9(c).\1\
---------------------------------------------------------------------------

    \1\ FTC Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://
secure.commentworks.com/ftc-endorsements) (and following the 
instructions on the web-based form). To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the weblink (https://secure.commentworks.com/ftc-endorsements). If 
this Notice appears at (https://www.regulations.gov/search/index.jsp), 
you may also file an electronic comment through that website. The 
Commission will consider all comments that regulations.gov forwards to 
it. You may also visit the FTC website at https://www.ftc.govto read the 
Notice and the news release describing it.
    A comment filed in paper form should include the ``Endorsement 
Guides Review, Project No. P034520'' reference both in the text and on 
the envelope, and should be mailed or delivered to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-135 
(Annex S), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC 
is requesting that any comment filed in paper form be sent by courier 
or overnight service, if possible, because U.S. postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions.
    The Federal Trade Commission Act (``FTC Act'') and other laws the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding as appropriate. The Commission will 
consider all timely and responsive public comments that it receives, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at (https://www.ftc.gov/ftc/privacy.shtm).

FOR FURTHER INFORMATION CONTACT: Shira Modell, Attorney, Division of 
Advertising Practices, Bureau of Consumer Protection, Federal Trade 
Commission, Washington, D.C., 20580; (202) 326-3116.

SUPPLEMENTARY INFORMATION: On November 21, 2008, the Commission 
announced that it had approved publication of a Federal Register notice 
seeking public comments on proposed revisions to the Guides Concerning 
the Use of Endorsements and Testimonials in Advertising (``the 
Guides''). See 73 Fed. Reg. 72,373 (Nov. 28, 2008). The deadline 
established for the submission of comments was January 30, 2009.
    The Association of National Advertisers, the American Association 
of Advertising Agencies, the Direct Marketing Association, the 
Electronic Retailing Association, the Interactive Advertising Bureau, 
the American Advertising Federation, and the Promotion Marketing 
Association (``the Associations'') have now requested that the comment 
period be extended for 60 days. The Associations state, among other 
things, that because of the significance of the changes proposed by the 
Commission, they anticipate requiring additional time to coordinate 
comments both within their members and with each other.
    The Commission has considered the Associations' request and 
believes that a 30-day extension is sufficient. Accordingly, it has 
decided to extend the deadline for submission of comments on the 
revised Guides to Monday, March 2, 2009. Such comments must be received 
by March 2, 2009, and must be filed in accordance with the instructions 
in the ADDRESSES

[[Page 5811]]

section of this document. By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E9-1644 Filed 1-30-09: 8:45 am]
BILLING CODE 6750-01-S