Sigh… It’s official. The FTC has taken the online disclosure regulations a bit too far.
In 2009, the FTC decided to dust off the nearly 30-year old Guides Concerning the Use of Endorsements and Testimonials in Advertising. I actually wholeheartedly agreed with the updates made to those guidelines 4 years ago (you can read this in my disclosure here). At the time, I knew of many blogs and websites that were truly advertisements disguised as product reviews. To make a long story short, the result of this regulatory update was that bloggers were required to disclose any material relationship between themselves and the product, whether it be accepting payment or product of any kind. Compliance with this regulation is the reason some of my posts are concluded with a line or two of text explaining “this product was received as a press sample”.
My only disagreement with the regulation as it stood in 2009 was that none of this transparency is required of the print media.
Recently, the FTC decided to update the document yet again! Now the FTC is requiring that the placement of our disclosure statement be more obvious, like at the beginning of each page (before any outbound links to the product) as well as near any “endorsements” (eg. saying “this product is amazing”). Essentially, within the text of one product review that might be only a few paragraphs long, a blogger might need to post disclosure statements multiple times. Naturally, this really disrupts the enjoyment of reading, and puts bloggers in the uncomfortable position of balancing a pleasing reader experience with legal obedience.
And once again, print media is not required to comply.
If you’re a blogger wondering how these new regulatory changes affect you, click HERE to read an attorney’s summary of these changes at Beauty & Fashion Tech. Carleen summarizes this lengthy document for those of us not fluent in legalese. In the meanwhile readers, my sincerest apologies. Complying with these new rules might make the flow of reading my blog a bit clunky at first. I’m still figuring out the best way to move forward and hope you stick with me.
xo, Jen (aka Raging Rouge)
Until the change in 2010, I had no idea that people received samples to review. I just thought everyone bought everything. I’ve always followed the guidelines for bloggers and they don’t bother me. But like you, I’m bothered by the fact that magazines that are online and have blogs do not comply with the guidelines. I always wonder when I look at a magazine, did someone actually test the product? Or was it a paid article with no testing of the product?
Until the change in 2010, I had no idea that people received samples to review. I just thought everyone bought everything. I’ve always followed the guidelines for bloggers and they don’t bother me. But like you, I’m bothered by the fact that magazines that are online and have blogs do not comply with the guidelines. I always wonder when I look at a magazine, did someone actually test the product? Or was it a paid article with no testing of the product? I think you and I are on the same page!
I whole heartedly agree with what you and Phyrra both said. It’s well known that magazines tout certain products as the next greatest thing because of agreements between brands and the magazines, however, they aren’t requred to disclose that relationship. It’s both dishonest and misleading. But everyone knows that’s how they do it. I would love to see the honesty in print media that is in blogger reviews. It’s ridiculous.
Hi ladies… thanks for weighing in, because I really believe at this time we should all pressure the FTC to either lighten up a bit, or impose these regulations on print media as well. Actually, even on-screen! We all know that brands actually pay to have their items placed on TV and movie sets. Why shouldn’t shows be forced to disclose this relationship, as well?