The FTC set down some new guidelines recently, and the biggest news is that they are now keeping an eye on blogs to “be proactive in helping to protect consumers.” Now in case you don’t feel like reading the entire 81 page document (Trust me: you don’t.) here are the highlights of what you need to know:
• Say goodbye to the “results not typical” disclaimer in ads, now advertisers must clearly disclose the results that consumers can generally expect
• Both advertisers and celebrity endorsers may be liable for false or misleading claims made in an endorsement
• Both advertisers and celebrity endorsers may be liable for failure to disclose material connections between the advertiser and endorsers
• Celebrities have a duty to disclose their connections with advertisers when making endorsements outside of traditional ads, (i.e. talk shows or social media)
• If a advertiser refers to findings of a research organization they must disclose if there is a connection between the advertiser and the research organization
• Bloggers must disclose “material connections” (In-kind payment or free products)
In the end this will probably have little effect on the blogosphere as most professional bloggers already reveal any connection with their subject and those who previously didn’t will have no problem complying. The guidelines will be going into effect December 1, 2009.
*This blog was written with the assistance of a cup of coffee provided by Kidd Group