Who Invited the FTC into My Bed?

{photo via here::special thanx}

You've heard about them. You know...Them...The rumours floating around on how the Federal Trade Commission (FTC) has become bedfellows with those of us in the blogosphere (like it or not).  What rumor, and when they get in bed with me?  Here's the scoop.  After twenty-nine years, last October 2009, the FTC has effected several new guidelines that will forever guide all of us 'professional' and/or serious bloggers.  The guidelines concerns "...the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers.who receive advertising testimonials, endorsements and/or sponsorships".   And...rumor has it that there is some astronomical fine attached for those who are noncompliant...
Whoa!  What was that!

Here is the simple 'keeping it real' version:

Those *lovely* client testimonials that are posted on our blog/web sites, must be a reflection of what a client will  'typically' experience with your product or service.  No more use of the infamous fine printed disclaimer of, "results not typical"

"Material connections" (ie, payment for or receipt of free products/services) between, you - the blogger any product/person/service that is endorsed (on your blog), but, not expected by the 'listening' consumer - must be disclosed.  The guideline reads, "...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".

Fortunate to have some celebrity ties?  Well, listen up.  Because this is what the guidelines have to say about the use of celebrity testimonials/endorsements.  The "...celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media". 

Richard Cleland - Assistant Director of Advertising Practices at the FTC, clarified FTC’s expectations for disclosure, as it relates to bloggers as - “the FTC’s main criteria is the degree of relationship between the advertiser and the blogger. . .If there’s an expectation that you’re going to write a positive review, then there should be a disclosure.”  Further, he had this to say about receiving sample products versus being paid for a review:

“That’s going to depend on the circumstances. If we’re talking about getting one free product or something sent to you and you happen to write about it on your blog, that’s not the type of relationship that has to be disclosed. But if you’re part of a network and you’re consistently receiving products to test and blog about, then that raises the implication that these gifts are quid pro quo and that’s why you’re writing the positive reviews.”

You might be asking yourself, does this new guideline effect my Facebook and Twitter presence?