The Federal Trade Commission (FTC) today published its updated rules governing the publication of endorsements and testimonials by “consumers, experts, organizations, and celebrities” (in other words, everybody). The updated rules governing online testimonials and endorsements arguably now cover bloggers, Internet marketers, affiliates, and others who promote (including through endorsing or testimonial) products or services on the Internet.
And the bottom line is, if you talk about a product or service, and if you put it out on or via the Internet, and if you stand to gain on it, you’d better disclose that relationship.
In addition, the revised rules, referred to as “Guides” or “The Guides” by the FTC, and which were last updated nearly 30 years ago, in 1980, now require that “advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect.”
In other words, you must make very clear what the actual, typical results that the average person can expect are likely to be.
Previously you could get away with simply saying that the results were “not typical.”
However, by far, the changes that most directly affect the majority of people who publish anything on the Internet, be it a blog, other type of website, newsletter, or other mailing, are those requiring full disclosure of a material relationship between the publisher and an advertiser. And by “advertiser” we mean anyone who may provide anything to the publisher in exchange for - or with the expectation of - a positive recommendation (and by “recommendation” we mean endorsement, suggestion, hint, implication, or even hoped-for inference).