Wrong Way Testimonials

By Eddie E. Gaut

Recently previewed on the "Today Show" and broadcasted on "NBC Dateline," an expose devoted to deceptive infomercials warned viewers that not all testimonials can be trusted.

Before that, the television news show "20/20" exposed the questionable results of three major top selling DRTV weight-loss and fitness products.

And before that, a news channel exposed some other unsubstantiated claim or bogus user testimony.

With the hubbub in the news concerning deceptive advertising and false or faked testimonials, one would think that the infomercial industry would rally to help ensure consumer confidence--and many in the industry have. However, there are still a number of established production companies allowing deceptive advertising to occur on a regular basis. Unfortunately, ignorance to the basic principles of proper testimonial recruitment and management is not a great excuse.

For instance, most in the infomercial industry do understand that a user testimony should be of and by an actual user and his or her stated experience must always reflect the honest opinions, findings, beliefs or experience of the testimonial. Nevertheless, how many in the industry know or practice the fact that those providing testimonials are to be using the product for at least as long as the recorded testimonial is being used? In other words, if a show is airing a year after the testimonial program was conducted, and participants from that program are still in the show, then it is expected that the testimonial giver is still using the product a year later. Ask yourself now: Who is coordinating testimonial follow-up for your currently airing shows?

It is a responsibility that many don't even realize is bestowed upon them by the industry rule makers in order to help protect the consumer. However, it's a responsibility that if shirked either knowingly or unknowingly, can ultimately turn previously creditable, significant and documented user testimony of results--unusable. "In particular, where the advertisement represents that the endorser uses the endorsed product, then the endorser must have been a bona-fide user of it at the time the endorsement was given. Additionally, the advertiser may continue to run the advertisement only so long as he or she has good reason to believe that the endorser remains a bona-fide user of the product," according to the FTC.

What does this mean if you are a manufacturer, inventor or production company? It means that it would be a good idea to make sure regularly documented follow-ups of testimonial participants become part of your testimonial management strategies. Not following up with your program participants could end up being a seriously expensive oversight. It also can be a great way to track a term user, while learning other consumer needs that may arise

TESTIMONIALS THE RIGHT WAY
By now you might have guessed it--there is a proper way to recruit, manage and conclude useable testimonials and their results. In addition, if there is a proper way, that means there is also a wrong way of handling all aspects of testimonial programs. Gone are the television testimonials of the past. Gone are the days of production companies using their nearest relatives or most trusted office workers and friends as a valid TV testimonial. Gone are the days of production companies simply paying actors and models to claim benefits without it being truthful and provable by documentation. Gone are the days of generating a bunch of wannabes to try a product and say great things for the chance of being on TV. Gone are the days of using "for television casting agencies" for legitimate user testimonials, and gone are the days of not having a well-planned testimonial strategy.

From start to finish, today's production companies need a well laid out strategy and process in order to generate accepted, and hopefully effective, testimonials. Part of that strategy should include proper recruitment planning, as well as after program follow-up.

Let's use proper recruitment strategies as another example. If you are a manufacturer, inventor or production company take note; the FTC considers it a material connection if the testimonial participant knows he or she is going to be on television before the testimony is given.

According to the FTC, "when the endorser is neither represented in the advertisement as an expert, nor is known to a significant portion of the viewing public, then the advertiser should clearly and conspicuously disclose either the payment or promise of compensation prior to and in exchange for the endorsement or the fact that the endorser knew or had reasons to know or to believe that if the endorsement favors the advertised product some benefit, such as an appearance on TV, would be extended to the endorser."

Again, ask yourself: What does this mean if you are a manufacturer, inventor or production company? It means that it would be a good idea to make sure that your recruitment process does not promise compensation for great results or positive testimony. Recruitment solicitation materials are better off not to read: "Make Money Losing Weight" or "Lose Weight and Get on TV." Both of which are actual headlines recently seen being used by established production companies to recruit testimonials. Even though this tactic may draw in more recruits per recruitment dollar spent--in the long run this early decision of saving a few hundred dollars could prove to be more costly and embarrassing than ever imagined. It's a better idea not to use this type of tactic, as it very well could be considered to be a material connection between the participants and the production company. Therefore, it constitutes the wrong way to recruit testimonials.

There is actually a proper recruitment process to be aware of in order to help ensure non- deceptive and accepted testimonials from the start. Research and strategize in advance in order to coordinate and manage testimonials the right way. It starts with recruitment and ends with follow-up.

Eddie E. Gaut is founder of Infomercial Testimonial Group (ITG) in Santa Ana, Calif. He can be reached via e-mail at egaut@infomercialtestimonials.com.