It’s official. The FTC has released guidelines requiring bloggers to fully disclose when they are being paid for reviews. If they don’t, they are chancing up to an $11,000 fine, according to the Associated Press. (Note – The FTC press release does not mention the amount of the fine.) Blogs or not, these guidelines apparently haven’t been updated since around 1980. It was time. The Guides, however, affect more than bloggers. The new updates apply to advertising across the board.

According to the FTC, the revised Guides Concerning the Use of Endorsements and Testimonials in Advertising require a reviewer or ad to clearly disclose the results that consumers can expect from the product. In other words, that old “results not typical” isn’t going to fly any more. The Guides also ask for clear disclosure:

The revised Guides also add new examples to illustrate the long standing principle that “material connections” (sometimes payments or free products) between advertisers and endorsers – connections that consumers would not expect – must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other “word-of-mouth” marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement – like any other advertisement – is deceptive if it makes false or misleading claims.

Additionally, the Guides now address celebrity endorsements, holding both the company and the endorsers responsible for false claims. The revisions require that celebrities must make their affiliation clear when making endorsements outside of traditional marketing, including talk shows and social media.

I don’t see that this will be too much of a problem. Most of the bloggers I know (and myself included) always reveal when we receive free samples, whether technology or wine. Those of us who review technology often have to give the technology back. With wine and food, that’s not possible, but most wine bloggers reveal complimentary samples without a second thought. I suspect this will have more impact on bloggers who accept payment in cash or merchandise for reviewing a product. As Mashable points out, the Ford Fiesta and General Mills bloggers (amongst others) are going to have to be crystal clear about disclosing their relationship.

While I know some bloggers will be ranting about the unfairness of this, I think it’s a great idea. I’m glad that the FTC has seen blogs as part of legitimate advertising campaigns. It’s what we wanted, right?

__

Cheers!
Tweet Michelle @writetechnology, send her technology news at michelle[at]writetech[dot]net, visit her wine blog when you’re thirsty, and drop by her day job.

{ 0 comments }