The FTC has finally published its guidelines for disclosures for blog posts and articles that endorse products in exchange for a reward. Compared to what was being discussed several months ago, this appears to be a very watered down document to the point of being almost useless. At the time I did write that most bloggers would not be affected by the FTC.
One of the first things to clarify for all bloggers around the world is that these guidelines only cover those in United States – if you are outside the US then read on with interest – but feel free to continue writing as you do now. At least bloggers outside the US won’t be classified as criminals.
What about those in the States? Who does it cover?
endorsements by consumers, experts, organizations, and celebrities
I think everyone knows that when a celebrity stands up to promote something the chances are they have been paid. That aside, what is covered?
advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case
Okay, so bloggers that write posts or articles promoting a product and making claims must comply with the FTC Act. Principally:
the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement.
What do you need to do:
bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service
So lets weed through the crap and see what has actually been said. The first thing that strikes me is that only posts that make claims which are not based on personal experience are covered. If you can honestly claim to be writing from experience – it appears the act does not cover your posts – even if you are paid to write them.
The second point of interest for those who do “paid for post” type articles – as long as you don’t make any false claims then you do not have to comply with the Act. If you write a general article that links back to a site – that’s fine.
It all boils down to truth in advertising. If you are making claims that you cannot justify from experience then you need to make a disclosure of some description – interestingly, the guidelines make no mention of what type of disclosure is required.
If you receive a product to review, do what I do. Only review it on the understanding that it will be an honest review and not a review created to make the product look good. Most businesses that supply products for review agree. I have had only one refusal – but then, I have only had five or six requests to date.
Compared to what was being talked about earlier this year – the FTC was full of bluff and bluster and the final document is pretty weak. Mind you, if you do run foul of their guidelines – there is a hefty $16,000 fine lined up for both publishers and advertisers.
This was not a review paid for by the FTC – unfortunately – I would have made it sound better if it was 
i think according to new disclosures, decisions will be reached on a case-by-case basis, 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.”