You’ve probably heard that earlier this month the Federal Trade Commission released new rules regarding blog disclosures.  What should you look for if you regularly write on blogs and forums and you want to make sure that you are in compliance?

First ask yourself the following two questions:

• Do you use your blog, forum, or other social media accounts to write reviews?
• Do you receive anything for the reviews you write (for example, special rebates, free samples, or cash payments)?

If you do not write reviews, or if you use your own money to acquire the products that you review without receiving any other forms of compensation, then in the eyes of the FTC you are not an endorser, and are exempt from these new rules.

But, odds are that you will write a review at some point, and that the review will be for something that you received for free (supermarket samples, anyone?).

If you are being paid for your reviews, or if you are reviewing a complementary sample, then ask yourself one more question:

• Is your connection to the compensating company “inherently obvious?”

If you can reasonably assume that your readers know of the connection between you and the company producing the product that you’ve reviewed, then the connection does not need to be explicitly disclosed.

For example, someone writing a blog on that appears on the Pepsi website does not need to mention that they work for Pepsi (it’s assumed).  However, if they go to someone else’s website and start writing about how Pepsi tastes better than Coke, they will be required by the new law to mention that they work for Pepsi.

Three Tips for Disclosing Your Material Connections

While the FTC has mandated that endorsers disclose any material connections beyond what might be reasonably assumed, they have not provided any guidelines on how to do so.

This means that it’s basically up to you.  However, in devising your own approach to these disclosures, there are three things to keep in mind.

Make it Natural

Whether you include your disclaimer inside your review itself or as part of your signature, don’t break the flow for your prose.  You want your reader to get the required information without making it the main target of their attention.

Take Ownership

Your disclaimers should look like something you’re offering up on your own, not something that’s being forced out of you.

Tell the Truth

Any damage done by exposing your fiscal and material ties to other companies can be overcome with honest, balanced reviews.

Dodging the truth and getting caught in a lie will cause far more lasting damage to your online reputation (and your pocketbook - failing to give proper disclosure is now considered false advertising).

Notifications

This article is brought to you by the letters “T” and “I,” remember to always cross and dot them, and by Marissa Berger Interactive, without whose generous financial support I would have significantly more free time.

Follow this link for the full text of the Revised FTC Endorsement and Testimonial Guide