The FTC issued revised guidelines for use of consumer, celebrity, and expert endorsements in advertisements. The revised guideline make clear that: advertisers who encourage blogging about their products may be liable for the bloggers’ actions; consumer endorsements must disclose expected results; advertisers cannot rely on qualifying endorsements with disclaimers; bloggers must disclose any “material connection” to the company when reviewing products; advertisers and endorsers can be jointly liable for false claims; and advertisers must make clear any connection with the organizations whose findings they cite. The FTC has indicated that it would consider efforts to advise endorsers of their responsibilities and to monitor online behavior in determining whether and what action to take. So here are some common sense suggestions: (1) be wary of providing free products to blog and other reviewers; (2) assure that the endorser’s statements can be substantiated; (3) create a policy requiring bloggers to disclose their connection to the company; (4) monitor the behavior bloggers with whom you may have a material connection.
Written by Andre Castaybert |
Download v-card
|
View LinkedIn Profile for Andre: Andre Castaybert’s focus is complex commercial litigation, from inception through trial, representing both companies and high net worth individuals in the New York State Commercial Division, the Federal Courts in both State and Federal appellate courts. |
Comments on this entry are closed.