In-House Lawyer's Guide to Consumer Reviews and Testimonials: Insights from the FTC and P&G

At the ANA Advertising Law Conference, a panel titled “In-House Lawyer’s Guide to Consumer Reviews and Testimonials” brought together regulators and brand counsel to discuss how the FTC’s Consumer Reviews and Testimonials Rule is being interpreted in practice.

The panel included:

• Serena Viswanathan, Associate Director, Division of Advertising Practices, FTC
• Laura Kim, Partner, Covington & Burling LLP
• Matthew Fitzpatrick, General Counsel, Procter & Gamble

Rather than debating theory, the discussion focused on how review and influencer practices are evaluated once scrutiny begins and what in-house teams should prioritize now.

Why the FTC Formalized the Rule

Opening the panel, Serena Viswanathan emphasized that the rule reflects how the FTC has long viewed deceptive review practices, now expressed with greater clarity and enforcement authority.

“This rule provides clarity for businesses and gives the FTC authority to seek penalties for fake reviews, undisclosed material connections, and related deceptive practices,” Viswanathan said.

Panelists agreed that the rule consolidates recurring enforcement themes rather than introducing novel standards.

As Laura Kim noted, many of the behaviors addressed were already subject to enforcement, but often on a case-by-case basis.

“What’s changed is not the underlying principle. It’s the consistency and scale at which these issues are now being evaluated,” Kim said.

Fake Reviews and Insider Endorsements

Kim highlighted how the rule addresses reviews that do not reflect genuine consumer experience, including insider reviews and fabricated testimonials.

“The rule removes ambiguity around fake reviews, whether they come from employees, affiliates, influencers, or automated tools,” she said.

The takeaway for brands is straightforward. If a review does not represent a real, independent consumer experience, it must be disclosed or it cannot be used.

Review Suppression and Moderation Practices

Matthew Fitzpatrick addressed how review moderation often becomes a compliance issue, even when brands believe they are acting reasonably.

“Transparency is critical,” Fitzpatrick said. “Evenly applied moderation policies and clear documentation are your best defenses.”

The panel stressed that moderation itself is not prohibited. Problems arise when negative reviews are treated differently in ways that distort overall consumer perception.

Influencer Disclosures in Practice

Viswanathan underscored that influencer marketing remains a priority area for review.

“We look at disclosures from the perspective of the consumer, not from the perspective of technical compliance,” she said.

The panel referenced recent NAD matters, including cases where disclosures existed but were not noticeable or understandable in context.

For in-house teams, the focus should be on visibility and consistency rather than relying on boilerplate contract language.

Review Hijacking and Product Attribution

Kim discussed review hijacking, the practice of transferring reviews from one product to another.

“The FTC is serious about stopping practices that manipulate how consumers understand a product’s quality,” she said.

Reviews must remain tied to the specific product or service they describe, even within the same brand family.

AI and the Scale of Deception

The panel also addressed the role of generative AI in creating reviews and endorsements.

“With generative AI, deceptive practices can scale very quickly,” Viswanathan said. “Automation does not change responsibility.”

Brands remain accountable for ensuring reviews and testimonials reflect real experience, regardless of the tools used.

Enforcement Signals Going Forward

Viswanathan emphasized that enforcement will continue to focus on systems and patterns, not isolated mistakes.

“If teams are asking whether this rule really matters, recent enforcement actions should answer that question,” she said.

Coordination between the FTC and the National Advertising Division adds another layer of scrutiny, particularly when brands fail to address issues early.

What In-House Teams Should Prioritize

Panelists consistently returned to a few practical themes:

• Clear policies for reviews and influencer content
• Consistent application of those policies
• Monitoring and documentation over time
• Training across marketing and social teams

As Fitzpatrick summarized:

“This isn’t just about avoiding fines. It’s about building durable trust with consumers.”

Closing Perspective

The panel made one point clear. Compliance under the Consumer Reviews Rule is no longer a reactive exercise.

For in-house legal teams, the ability to explain how review and influencer programs operate in practice is becoming as important as the disclosures themselves.

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