Understanding FTC Regulations for Bloggers

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As a blogger, I’ve been very interested in the talk about the proposed Federal Trade Commission regulations regarding reviews, payment, and disclosure on blogs. I’ve read a lot of debate about whether the involvement is a good thing or a bad thing. I’ve heard talk of bloggers facing possible ramifications for participating in reviews and affiliate marketing. And I’ve heard the FTC might be making its decision about regulations by the end of the summer. What I haven’t heard is a clear explanation of these proposed regulations and what they may mean to individual bloggers who currently work with companies to provide reviews and to create buzz about products.

So I decided to do a little investigating on my own to see what I could learn. I started by reading the FTC’s Guides Concerning the Use of Endorsement and Testimonials in Advertising – all 86 pages of it. I gained a lot of insight in reading all of those pages. However, most of the document had more to do with the advertisers themselves and celebrity spokespersons than with bloggers. Here’s what I did come away with.

If Your Audience Believes You, It’s An Endorsement

We all want our audience to trust us. We share our opinions and build community on our blogs, and the interaction we have with that community is often what keeps us doing what we do. The FTC wants to modify its regulations, “to make it clear that the only relevant criterion in determining whether a statement is an endorsement is whether consumers believe it reflects the endorser’s view.” Essentially, that means that if we talk about something, good or bad, and our readers think that we’re expressing our own opinion on a subject, we are, in fact, giving an endorsement.

If You Endorse, Don’t Exaggerate

An example is given in the proposed changes to the FTC Guides about a blogger who is provided a lotion sample from a skin care company. The company makes no claims about the lotion’s ability to clear up skin conditions, but the blogger says in her review that the product cures eczema. This blogger does not ask for substantiation of this claim from the company, and the company makes no effort to clear up the blogger’s misinformation. Therefore, both are liable to future FTC penalties.

This may be an extreme example. Most of us would not make such a claim, but it is important to take away the impact our statements can have. Just be truthful in your reviews and don’t exaggerate. If you’re unsure, it’s always okay to check with the PR representative or company contatct for more information.

If You Are Compensated, Say So

One of the touchiest subjects the new Guides cover is that of disclosure. Our own Kelby Carr wrote a great post about this a while back on her blog in which she says, “Obvious, clear disclosure is the answer” to being an ethical blogger. The FTC thinks so, too. They give examples that, “apply to the general principle that material conection between the endorser and the advertiser should be disclosed to several new forms of marketing – blogs discussion forums, and ‘street teams’.” The Guides go on to state, “When there exists a connection between endorser and the seller of the advertised product that might materially affect the weight of credibilty of the endorsement (i.e.,the connection is not reasonably expected by the audience), such connection must be fully disclosed.”

Many of us have done reviews in the past without diclosing that connection, whether it be a free product or even a payment by the advertiser. More than likely, this has been due to a lack of understanding about marketing and its relation to blogging, rather than of any intent to deceive our readers. Disclosure doesn’t have to be tricky. Brian Clark of Copy Blogger writes about how to disclose with confidence and gives suggestions for ways to incorporate transparency into your reviews or affiliate marketing.

The new FTC proposed regulations don’t have to be scary. In fact, the majority of the discussion is not even about bloggers at all. It’s likely that most of us won’t be affected by the fallout. The FTC isn’t out to get bloggers. They’re simply trying to ensure that consumers are not duped. We can do our part by being open in our relationships with readers, using common sense, and displaying integrity.

Mary Davis is a wife, mother, blogger, and freelance writer who enjoys doing product reviews for moms at her blog, Everyday Baby Steps. She shares her knowledge of the freelance life at Adventures in Freelancing.  And she always tries to be open and honest with her readers.

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