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by setr
1065 days ago
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I doubt product placement falls under the same rules as endorsement, because there's no actual claims about the product, or preference towards it. They're just showing the object in use/place. Even if a character states "monster is their favorite drink" that wouldn't constitute an endorsement, because it's simply the mark of a fictional character. But influencers/actors/etc saying "monster is their favorite" is an altogether different thing, because a viewer would assume that's actually their opinion being stated -- that it's being endorsed "in fairness". [0] The fundamental problem is deception, and product placement isn't deceptive (it's just hoping you see it enough you'll think it's "common"), but paid endorsements definitely can be. [0] From the endorsement guide: https://www.ftc.gov/system/files/ftc_gov/pdf/p204500_endorse... Example 6 is about an actor who says a home fitness system is “the most effective
and easy-to-use home exercise machine that I have ever tried.” One commenter asserted
this would only be deceptive if the actor had not used the machine. The example is
intended to illustrate why this statement is an endorsement and is not intended to address
all the ways the statement could be deceptive or who could be liable for any such
deception. The Commission notes, however, there are multiple ways in which the
statement could be deceptive, including not representing the actor’s actual opinions or
misleading consumers as to the machine’s effectiveness or ease of use. |
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