Bloggers should use common sense when reviewing the new FTC Guidelines

The Blog of Legal Times has reported the result of a conference call with Mary Engle, associate director for advertising practices at the FTC’s Bureau of Consumer Protection.

In summary, Ms. Engle indicated that the FTC is primarily concerned with the advertiser and not the product endorser. The article quotes Ms. Engle as saying the FTC has “never brought a case against an individual consumer endorser” and “[t]he primary responsibility falls upon the advertiser using the blogger to market the product…. Our focus is on the advertiser, not the individual endorser.”

The FTC also indicated that blog authors should use common sense. The blogger’s receipt of multiple free products with positive reviews may require disclosure. A blogger’s receipt of an occasional free product and which may or may not have resulted in a single positive review is a different story.

It seems to me that the new guidelines and the FTC’s position which was recently reported reflects a general common sense approach to endorsements and product reviews. I think most readers will appreciate knowing if blogger received a free product in order to write a review.

A copy of the guidelines are available here.