5-Star Enforcement and the Increasing Rules

Does your organization promote to shoppers or companies that may go away opinions or charge your merchandise? Whether or not your clients can go away opinions in your web site or one other public-facing evaluate platform, corporations ought to concentrate on new developments within the client evaluate enforcement area that will affect the way you publicize and conduct your product score and evaluate system.  If you’re not conscious of the increasing client evaluate rules, it might value your organization hundreds of thousands and even land you in jail.


Part 5 of the Federal Commerce Fee (FTC) Act (the Act) prohibits unfair and misleading acts and practices. Particularly, because the Act pertains to buyer opinions: unfavorable buyer opinions and scores can’t be suppressed or hidden; any incentives for opinions should be disclosed; materials connections between a reviewer and the reviewed product should be disclosed; and evaluate gating is prohibited. The FTC has heightened its give attention to client opinions as of late and proposed revisions to the Endorsement Guides for advertisers that might tighten enforcement towards posting false optimistic opinions or manipulating client notion by suppressing unfavorable opinions, amongst different issues. The proposed guideline revisions would state that “in procuring, suppressing, boosting, organizing, or enhancing client opinions of their merchandise, advertisers shouldn’t take actions which have the impact of distorting or in any other case misrepresenting what shoppers consider their merchandise.” See Federal Register, Guides Regarding the Use of Endorsements and Testimonials in Promoting, Part IV (C) (July 26, 2022), https://www.federalregister.gov/documents/2022/07/26/2022-12327/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising. Along with broadening its Endorsement Guides, the FTC has already demonstrated a major enhance in client evaluate enforcement—together with pursuing elevated penalties and new priorities like evaluate hijacking.


In February 2023, Hadis Nuhanovic, a service provider advisor, was sentenced to twenty months in jail for collaborating in a worldwide scheme by which he bribed workers of a know-how platform to take away unfavorable on-line opinions on his purchasers’ merchandise and reinstate suspended accounts, amongst different unlawful actions akin to stealing delicate firm info associated to product-review rankings and focusing on his purchasers’ rivals on the platform. Nuhanovic, along with a co-defendant, reached out to platform workers in India and bribed them to acquire unfair benefits for his personal enterprise’ achieve. For instance, Nuhanovic admitted that he paid a platform worker to take away unfavorable opinions and additional admitted that he operated a number of sham accounts—created utilizing false info—to buy merchandise from retailers and submit unfavorable opinions about them, with the intention of deceiving shoppers and harming the focused accounts. Moreover, Nuhanovic used his sham accounts to go away optimistic opinions for his most popular accounts, additional deceiving shoppers and bettering the position of sure favored merchandise in searches.

Along with the evaluate bribes, Nuhanovic was investigated for different associated crimes to which he in the end pled responsible. He was sentenced to 3 years of supervised launch on prime of the 20 months in jail and compelled to forfeit $100,000 and pay $160,000 in unreported taxes.


“Overview hijacking” happens when an organization—in promoting its services or products—steals or repurposes opinions of one other services or products it gives. Overview hijacking constitutes false promoting and might happen when an organization merges its new merchandise with completely different, older however extra established merchandise that have already got scores, opinions or badges on an internet site.

In its first enforcement motion focusing on buyer evaluate hijacking, on February 16, 2023, the FTC obtained a consent settlement with The Bountiful Firm (Bountiful) for “manipulating product pages and deceiving shoppers” that included a $600,000 cost for client financial reduction. As alleged by the FTC, Bountiful abused a function, which allowed the corporate to trick shoppers into believing that its newly launched merchandise had extra scores and opinions, larger common scores, and “#1 Finest Vendor” badges. Some platforms have a function that permits distributors to put new merchandise on the identical product element web page as older variations with the entire scores, common star score and opinions for all merchandise within the variation relationship; Bountiful, nonetheless, allegedly took benefit of that function to promote its complement merchandise with completely different formulations to spice up visibility and enhance gross sales.

The FTC views this sort of evaluate hijacking as clearly misleading and unfair to shoppers and thus, has heightened its give attention to corporations who use this apply to spice up new merchandise’ scores and opinions.


The FTC and US Division of Justice’s broad enforcement signifies the businesses’ development towards pushing the boundaries on holding corporations accountable for deceiving shoppers. Enforcement actions like Nuhanovic might sign a brand new felony strategy by the businesses to carry corporations and people accountable for client deception, notably because it pertains to buyer opinions.

In response to Nuhanovic, some platforms have indicated they’ve methods in place and groups organized to detect, examine and cease suspicious or criminal activity and maintain dangerous actors accountable. Corporations with comparable product evaluate or score methods ought to arrange detection methods and stay vigilant of makes an attempt each internally and externally to control buyer notion or be ready to face the results.