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FTC Blogging Regulations

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By Marye Audet


If you are a blogger it is important that you understand the new Federal Trade Commission (FTC) rules on full disclosure. An infraction of these rules could cost you and cost you big!

What Is Full Disclosure?

If you blog sooner or later a company is probably going to ask you to review an item. They send you the item, you use it, you let your readers know that you tried a cool product and tell them about your experience. After all the best advertising is word of mouth and this is simple, easy, and effective.

Except....

The FTC is concerned that readers may not understand that the blogger has been given the item for review. The concern is that the blogger may have a biased opinion and lie, or at least stretch the truth about the product.

So, beginning December 1, 2009 if you review a product you must give the details about your contact with the company. In other words, if they paid you to write the post you must have a statement that says, “Post paid for by Acme Electronics”. If you are given an item to review you must let your readers know that it was given to you by the manufacturer. The sentence could be as simple as, “Acme LuXury Autos sent me a Rolls Royce to review and then allowed me to keep it.”

The new regulations don't say how the blogger must word the disclosure but only the the disclosure must be conspicuous and easy to see by the average reader.


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Should You Be Worried?

It is unlikely that this will affect most bloggers much at all. The FTC would be more likely to go after a company than a single blogger.

Most bloggers have a full disclosure policy anyway. If they have received and item for review they will probably say something to that effect. The problem seems to lie with the many Pay for Post companies that allow an advertiser to pay a blogger a fee for writing about their product. Often times there is no disclosure that the post has been paid for.

As a general rule if you get something for review you should tell your readers that you were sent it for review and let them know if you are keeping it. Just being ethical and up front with readers will keep most bloggers out of trouble. In fact, most bloggers are doing this anyway.


So, What Is the Problem?

So why are many bloggers upset over this issue?

Well, for one, this type of advertising exists on many levels with out the disclosure being required. Consider the actors and celebrities who lend their names and reputations to everything from dentures to yogurt. None of them are required to disclose the amount of pay that they receive for this nor are they asked if they use the product. It would seem that the FTC has a double standard in this case.

The other concern may be that government is turning into Big Brother. Everything is regulated, licensed, or taxed. The government machine keeps getting bigger and bigger, hungrier and hungrier as it eats away at the freedoms so many Americans have shed blood over. At what point does government stop being a babysitter? At what point do Americans decide to stop being victims and begin taking responsibility for their own choices and actions?

At what point will regulation stop? That is the real problem.

Blog Safe

It really isn't that difficult to comply with the new regulations. Just be upfront and honest with your readers and let them know that you have received product as part of the review. Pay-to-Posts are at best questionable and it is just better to stay away from them if at all possible. If you do choose to write posts that advertisers will be paying for be sure to have a sentence at the end of your post that states that the post was paid for by the company.

As in all things it is always best to err on the side of ethics and honesty. If in doubt go ahead and disclose everything. There is trust that is built between a blogger and a reader and honesty and ethical writing should always be a part of that, whether or not the FTC makes a rule.

FTC Blogging Regulations in the News

  • Bloggers blurring fine line of ethicsThe Indianapolis Star3 days ago

    On most days, Andrea Deckard can be found in her home office, digging through stacks of coupons and grocery receipts for money-saving tips and recipes that she can share with readers of her Mommy Snacks blog.

Comments

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Hmrjmr1 profile image

Hmrjmr1  says:
2 months ago

Good Info thanks for staying on top of it for the rest of us!

agusfanani profile image

agusfanani  says:
2 months ago

Thank you, the info will be useful for everyone not to mention bloggers.

jimcain207 profile image

jimcain207  says:
2 months ago

thanks for the info.

Carmen Borthwick profile image

Carmen Borthwick  says:
2 months ago

Thanks for keeping on top of stuff for us. Being a Canadian I don't know that it would affect us here, but its good to have a heads' up.

J D Murrah profile image

J D Murrah  says:
2 months ago

Marye,

Very informative. I was not aware of all the new regulations on bloggers. This will help me avoid potential problems.

Sue Adams profile image

Sue Adams  says:
2 months ago

Thanks for letting us know all this.

Smireles profile image

Smireles  says:
2 months ago

I appreciate the information. Good hub.

Nelle Hoxie profile image

Nelle Hoxie  says:
2 months ago

Very clearly written and useful info. You took some complex legalize and made it very accessible. Saved me lots of time and reading. Thank you.

dusanotes profile image

dusanotes  says:
2 months ago

Marye Audet, thanks for that. There are probably thousands of blogers who do not attribute things like that. I do not happen to be one of them, though I would like to be in a position to have "Acme LuXury Autos send me a Rolls Royce to review and then allow me to keep it." Kindest regards,

Don White

RGraf profile image

RGraf  says:
2 months ago

I'm like you. It won't be hard to comply, but where does it all stop?

joecseko profile image

joecseko  says:
2 months ago

I thought myself pretty "consumer savvy", but this is news to me. This is surely good information for any of us who publish on the Internet!

kephrira profile image

kephrira  says:
2 months ago

I heard somewhere that it affects you if you have affiliate links to a product (such as an amazon link on hubpages) - do you know if this is true?

Awesome Writer profile image

Awesome Writer  says:
2 months ago

Hi Marye,

I just read your hub, and I love how you simplified what the regulation is all about for bloggers. Very easy to understand and follow. Thanks

Marye Audet profile image

Marye Audet  says:
6 weeks ago

Kephrira - no. This only affects you if you receive and item from a company for review and do not let your readers know it was given to you gratis, or if you receive pay from a company to write a review about their product

sukhera143 profile image

sukhera143  says:
6 weeks ago

Nice info

Jerilee Wei profile image

Jerilee Wei  says:
6 weeks ago

Thanks for the easy to understand explanation that we all should keep in mind.

Doris Hullett profile image

Doris Hullett  says:
2 weeks ago

Hi Marye,

Just wanted to let you know I enjoyed your business blog. I was drawn to your bio because I used to homeschool as well, and smile thinking about the times we used to have. I have a business now, so I enjoyed reading the information you had posted. Thanks!

Doris Hullett

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