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	The Law & Infomercials

	Infomercials are highly regulated by both state and federal laws. We are NOT attorneys and below is information you should discuss with an attorney who was employed by the F.T.C.

		Follow The FTC Guidelines. The FTC does a very good job of monitoring infomercials for questionable or misleading ad claims. Before you produce and air an infomercial, get a qualified attorney and review the guidelines on the FTC's website and discuss these with your attorney. Here are some useful links: FTC: Frequently Asked Advertising Questions: A Guide for Small Business http://www.ftc.gov/bcp/edu/pubs/business/adv/bus35.shtm FTC: Dietary Supplements: An Advertising Guide for Industry http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm#IIc Dietary Supplements Overview http://www.cfsan.fda.gov/~dms/supplmnt.html

		Written Legal Opinion Letter. Never air any infomercial without a Written Legal Opinion Letter from a qualified attorney in all applicable areas of law, and preferably an attorney who also worked for the FTC, to review your script before shooting, during shooting, after shooting, and before the show is aired. This letter needs to state that all your ad claims are "clearly substantiated by the documentation on file in the attorney's office prior to the airing of the show" and that you complied with all changes suggested by the attorney. We recommend you hire an attorney to do this for a flat, fixed fee and not on an hourly rate. Be cautious of any attorney that wants to write something like: *"Your ad claims are defensible."* This is a meaningless statement since everything is "defensible." We have come across unethical attorneys who intentionally write worthless opinion letters like this in the hopes that the F.T.C. will take action against you so they can collect a bigger fee.

		Testimonial Release & Affidavit. Just getting a release to use a person's testimonial is NOT suffiient to protect you. The law requires that, in addition, to a standard release you must also get an Affidavit Under Penalty of Perjury from each person whose testimonial you use on an infomercial that states that they were not told what to say or paid or coerced in any way.