New FTC guidelines for advertisers, bloggers, social media and celebrity endorsements beginning December 1, 2009

Whether you are a business or a blogger you should know the new Federal Trade Commission (FTC) laws going into effect on December 1, 2009 regarding advertising, claims and your duty of disclosure.  If you are a consumer you should also know the new laws, as you should be aware of what an advertiser or blogger is allowed to claim; is no longer allowed to claim; and what they need to disclose.

The FTC used to allow advertisers to claim results as “results not typical”.  This will no longer be allowed.  One needs to advertise what can be generally expected.

If you receive payment or free products for endorsing of a product or service you now need to disclose this in your statement.  I would assume if you are a business owner and blog about your own product you need to disclose your relationship as the owner, as well.  Paid bloggers will now need to reveal their connection with the advertiser.  This really is going to make a huge change online.  Readers will be able to believe reviews as legitimate with these new guidelines.  This may also change how individuals network.

If an advertiser quotes the findings of research and has ties to that research organization they must disclose their relationship.  I would imagine this will put a cramp in the pharmaceutical industry’s claims.

Endorsers of a product are now legally liable for their endorsements should be proven to be false or unsubstantiated.  They must also disclose any connection between themselves and the advertiser.  This includes celebrity endorsements.  If a celebrity makes an endorsement outside of the normal advertising environment, such as on a talk show or in social media circuits, such as Facebook and Twitter, they must also disclosure their connection with that company.

Watch a series of videos for the following topics.  They are very brief:

  • What’s new about the Endorsement Guides?
  • Why did the FTC update the Endorsement Guides?
  • What do the Endorsement Guides mean for bloggers?
  • How do bloggers follow the Endorsement Guides?
  • Is the FTC planning to sue bloggers?
  • Where to go for more information.
  • To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).

    I hope you find this information useful.

    Carla Spacher

    www.carlaspacher.wordpress.com

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