FTC and Bloggers: What does it mean for you?
The FTC has been a hot topic amongst bloggers for…well…at least 6 months or more. We called for regulation, we loudly ousted each other for false practices, we made big mainstream media news, we touted ethics, integrity, and pointed lots of fingers.
And the government answered.
Bloggers, and specifically review bloggers, are such a unique existence. We are single individuals that somehow defined a space and a role of self importance within the online world and the public relations atmosphere. We spend a lot of a time trying to develop relationships with corporations and mom owned businesses alike. We want our word to be solid and our text unquestioned. But at the same time, mom bloggers consistently turn social media on its head by the controversial discussion of hoards of brands out there and our influence in marketing them.
What’s interesting to me about the FTC entering the good old blogosphere is that regulating a group of individuals that run their websites as single entities and not a controlled corporation seems like an impossible feat.
I mean, has the FTC even visited twitter yet?
Currently MomDot.com is a site owned and run by myself. I have lots of mom bloggers that make it possible to be known as a community site and they volunteer their expertise for free, for which that I am grateful. But will there be a time where my site will have to register as a business in order to even consider accepting products? Will I have to make contributing authors of their own content, which currently is open to anyone, sign releases that they disclose or be held responsible for their words? My guess is yes. I will be keenly watching the online community sites and how they react in the content they publish as the rules become more defined.
But where does it end? What if I receive a product via a baby shower or birthday party…technically its free. What if I love it and tell a neighbor or a co-worker? Am I liable for that statement? Do I have to disclose that I have no monetary value invested into that item first? Do I have to pre-empt all my sentences with “your experience may differ from mine” before I pass word of mouth recommendation?
While that may sound silly, the questions really exist. As mom bloggers, with affiliations to advertisers and PR, do our relationships stop at our written word or do they go with us throughout our daily lives?
The line is so blurry that its barely existent.
In a lot of ways I feel the new FTC rules can only assist us as ‘mom bloggers’. It can dispel company concerns that bloggers may be flying under the radar in an attempt to dissuade their visitors for “free stuff”. It can reinforce to the consumer that we say what we mean and mean what we say and it can, hopefully, put to rest the disturbing arguments daily amongst women that live in this space.
What is still needed is additional bullet points that lead us on the path regarding exactly how the FTC wants these new rules to be enforced. Right now the scare tactic of a fine may jump start bloggers that haven’t thought of or don’t currently use disclosure policies, but most bloggers are echoing that they want to do it right; they always have.
As a blogger that visits and spends an exorbitant amount of time invested into blogs on a daily basis, I have been witness to the over concern of impeding regulations and most have long been preparing to make sure that they are indeed doing everything within their power to remain transparent. I have seen blanket disclosure policies, media statements, post to post disclosures and graphics that clearly state if an item was provided for the review. (hint to cupcake reviewers: Please disclose cupcakes make you fat when eaten in large quantities.)
My only real complaint is that I am wondering if these type of regulations exist for all forms of media. I can honestly say I have done no research and do not know if newspapers, magazines, news channels, and even networks follow disclosure rules and how closely the lines parallel. But what is good for one group, should most definitely be good for the other.
And while I don’t believe these regulations truly have as much to do about the reviews that bloggers receive as much as it does about false content sites intended only to profit via affiliate links, its had a trickle affect down the entire chain.
I say we embrace it.
Love it for what it is.
Use it to affirm who we are, clarify what we do. We are a force, a strength, something that cannot be stopped, and we should be proud that from nothing, bloggers have created a true new medium where non existed before. Wear the badge not as a hindrance, but as a validation.
We are recognized.
Now buy an ad.
~Trisha




29 Comments
I am just getting started and I don’t want any questions about ethics lurking about my blog.
I worked at several newspapers, and know for a fact that reporters get freebies all the time. I also know reporters that had to be careful about what was written about advertisers, because the paper didn’t want to lose their business.
The government only has to look in their own back yard to clean up unethical practices. I think most bloggers are far more honest than the politicians who are making the rules and governing the laws.
I don’t know what the problem is really. I disclose, not that I have many reviews those days. But I do disclose even when I talk about a product I just bought and like it…or not!
As a family and review and giveaway blog my wife and I are fine with the disclosure. If people are blogging ethically this should not be a problem for them to do. Not that big of a deal or a surprise to me. Thanks for the great article.
here’s the link to the ACTUAL rules/guides (heresy?) that they want everyone to follow. I did a post on it today after finally reading thru all of it and shaking my head in wonder at the stupidity of givernment (ie just when you dont think it can get nay worse).
basically, yes the freshmen (bloggers) are being picked on and the jrs and srs get free rides0 thats ride NO extra regulation applying to other media- they’re taking the tack that all swag from paid trips goes to the newspaper/tv/radio company (right……believe that one and I’ve got some swampland in CA to sell ya).
my worry is that they basically want review items returned, or they will start considering us individual contractors being compensated (via the free stuff) and owing taxes on said merch and swag. THATS where it will grind things to a halt. most of us arent in this for the money and if we’re being penalized on our already stretched budgets, then we’ll all have to rethink what we do on our blogs….
oy vey is the best i can come up with- until somebody gives the FTC a brain- where’s the scarecrow when you need him>???
I don’t know what media outlets FTC regulations apply to but my local paper has been placing lengthy notices in their classified section about “not knowingly” publishing anything illegal or unethical. (I think they may be talking about scams). It’s very long and obviously written in legal’ease so I’m sure it’s enough to cover their assets!
Wouldn’t it be nice if there were a legal dept for all bloggers??? Then we could just place a phone call or email without having to make heads or tails of a lot of legal mumbo jumbo!
I read the rules and there are a few things I don’t get but the funniest thing is that they have changed the rules for Movie stars as well. They are required to disclose all free items and payments for products except in an “ad”
I can’t wait until I see some Actors saying, I was paid to say I love it, I got it from Vera Wang herself. I mean it’s ridiculous in a way, I say yes we need to disclose but come on, how far do we all have to go.
Magazine writers do not say, this company brought me out to this resort and let me stay the weekend so that I could write a review and they took me to this restaurant where I just loved my food.
I was reading on someone’s blog where all review journalists have to return the items, I know that’s not true. I’m sure some of them do depending on what it is, but if that were the case then “mommy review blogging” would not exist. I didn’t used to have an opinion on this. I thought, we just need to be honest and I suppose that is the point, but I think it’s gone just a little too far. I think I need to write my own blog post because I have a LOT to say
You know I have always disclosed if I was paid for a post (one time, with a gift card to Target) and if I received a product to review. What I don’t get is what, exactly, they want us to say. If I am writing a review and say, “Company X sent me product Y to test out” is that good enough, or do the FTC and the blogging police want EVERY detail?
This could be a good thing, but it could also turn out badly. VERY BADLY. We all know how nasty some bloggers can be, especially those who demand integrity but won’t practice what they preach.
The jury is still out on this one for me. The FTC could just become very arbitrary with their fines and punishments, much like Google’s page ranking system. I am not at all sure this will become an across the board, fairness for all thing.
I am confused why it’s all of a sudden an “issue” because most of the blogs I read, including myself, disclose that so and so gave them this product for review and most sites have a disclosure policy in their footer or included in their menu bar. I am thinking the new rule won’t really affect the majority of us, but it will deter those who are seeking to get into the scene simply for free products. The work behind product reviews is so intense that it’s more than “just getting free stuff” .. just my opinion.
I have always had a site wise disclosure policy and have mentioned numerous times that I get items for free. I have started putting another at the bottom of the post though just to be on the safe side. I agree that they really need to let us know what exactly they expect from us.
Hello, Mrs.”Quoted in the Wall Street Journal” about this topic!! Excellent post and I agree about embracing it.
I don’t have ads or do reviews, but I do love me some giveaways!!!
Rock On, Trisha!!
Your daughter is especially cute btw, love the new pics.
On one hand, I think this is good because it legitimizes bloggers’ roles – implies the government knows we’re not just gossiping fishwives. BUT, a little more detail would be nice. Is one general disclaimer on the main page enough? Does the FCT expect an italicized disclaimer at the end of each review? This is something I’d like to know.
I used to work in government, for the California State Assembly, and I can tell you that they do NOT have enough people to manage this at the FTC. There is no such thing as an efficient government agency because every time someone gets elected, everything changes, and all the pet projects that politicians put into play are never seen to fruition. What I think is going to happen is very similar to what Trisha said, they will try to oversee this, but it’s too big for them. So instead what will happen is they will focus their efforts on complaints, which can be dangerous. Women can be very cruel when they are shielded by a computer screen and I can see a lot of bloggers falsely accused of things and investigated for no reason.
BUT, I also agree with the idea that you know our industry has been taken serious if the government is trying to regulate it. Kudos for us!
I know they want to regulate like they do all advertising. I agree, it’s a very broad base! Social media is a new kind of world.
its the new kid, but not so new. THe regulations dont surprise me.
I guess I just don’t get all the fuss about it, I already disclose even on topics where it may not be required, but I still do to remain transparent. Many bloggers already do as well.
its funny cause most of us in reviews do this…that is why i dont think its targeted to us.
I’m all for disclosure and blogging ethically – keeping a close eye-to it all.
me too! have to have ethics.
I think the FTC just doesn’t know what to do with bloggers. They haven’t really had to deal with it until now, but I’m a firm believer in disclosing even though it seems dumb sometimes. I had to laugh at your cupcake comment.
Nicely written.
i prefer post by post disclosure because not everything i talk about has a company relationship
Great post Trisha, as always! I am fine with the FTC saying we have to disclose and I already do within the post if I received a product for free. But I agree that they need to come up with some clear, easy to understand guidelines for us all to follow. I want to make sure I do it right. None of his “case by case” nonsense. Tell us how you want us to do it and then all we be well.
yes, the rules would def help clarify so no one feels like they are breaking the rules. I think we all want to comply properly to prove that we have been honest all along.
Very well said!
thankyou!
I have a lot of the same questions- I “recommend” products on my organizing blog all the time that weren’t given to me, I just know they work for what my readers challenge may be. What kind of disclosure statement do you attach to that?
I liked someone’s comment on Twitter that pretty soon celebrities would have to wear buttons that their gown came from so and so and their shoes from Jimmy Chu. It could get ridiculous if the FTC doesn’t figure out that they have put murky regulations over murkier waters.
I still stand by the principle that if you live ethically and blog ethically, you won’t have a problem. Curious to see how this all pans out.
LOL at celebrity endorsements on the clothes!
Are they going to hire, train and have an office dedicated just to this very thing? I seriously doubt it, so I wonder just how they will find the time to read the 10’s of thousands of blogs?
I imagine it wont be about regulation, but about repercussion on complaints.
Exactly. My first thought, however, is: I wonder how they are going to handle it when they realize that at least a small portion of their “complaints” are coming from malicious individuals simply trying to start problems for “other” bloggers. Hmmm… cause you know the drama mamas run rampant
We’ll see. I’m definitely staying tuned! haha
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