This blog may exacerbate gluteal myalgia

BLOGGERS BEWARE: On October 5, 2009 the Federal Trade Commission (FTC) updated its 1980 regulations “Concerning the Use of Endorsements and Testimonials in Advertising.”

Alarm is spreading. The government is extending its long arm into the Wild West of the World Wide Web. And its target is people who offer their opinions!! Très horrible for bloggers!

So as a public service here are the implications for those who post reviews of consumer products on their blogs. The news release from the FTC is best summarized as follows:

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.  And a paid endorsement – like any other advertisement – is deceptive if it makes false or misleading claims. Endorsers may be liable for false or unsubstantiated claims made in an endorsement.

Now most bloggers will hardly find this a problem. Nobody never gave them nothin’ – despite their wishes to the contrary.

If a blogger does score a free ticket to a movie or event, they might mislead people to believe it was enjoyable, but this subjective opinion will hardly be the stuff of lawsuits. Even so, it might be good to disclose to readers that the blogger snagged a free ticket.

And, of course, the FTC doesn’t regulate politics. The First Amendment still gives free reign on political opinion to bloggers.

So, it is reviews of products and services that are the stuff of concern. Our advice to bloggers: Tell the truth about your experience and how that experience came about. Then you will have nothing to worry about with this FTC regulation. (NOTE: If  a blogger can’t bring themselves to tell the truth, label your commentary as satire, fantasy, tragedy or as some other literary device. This is probably a sure-fire way to gain the safe harbor.)

All the FTC is demanding is for a little more disclosure into the murky area of blogging for pay. Sunshine is a good disinfectant, and a few more words at the end of a review aren’t a big burden.

This commentary was written by Todd Taylor who is paid to occasionally be a pain in the @ss!