The Federal Trade Commission (FTC) really does want to protect consumers from deceptive advertising, but sometimes it seems like their laws have an opposite effect. This summer, the government agency will issue new advertising guidelines requiring bloggers to disclose when they’re writing about a sponsor’s product and voicing opinions that aren’t their own.
“If you walk into a department store, you know the (sales) clerk is a clerk. Online, if you think that somebody is providing you with independent advice and … they have an economic motive for what they’re saying, that’s information a consumer should know.”
-Rich Cleland , Assistant Director of Advertising Practices for the FTC
3 Major Changes for Bloggers
There are 3 major changes that the FTC has laid out for bloggers when writing about products that they have been compensated for:
- You Must Provide Full Disclosure
- You Must Be an Expert
- You Must Substantiate Claims & Include Disclaimer
Am I on the Wrong Blog? I thought this blog was about Supplements???
You’re in the right place! Okay, let’s see how this all fits in in the world of supplements. At first glance, the FTC cracking down on Acai Berry Scam blogs and fake diet review blogs sounds like a great idea. A blogger who talks about how they took an Acai or Resveratrol supplement and lost 30 pounds could actually get in trouble. The blogger would have to show they are an expert in weight loss if they make claims on weight loss. They would also need to have proof of weight loss (before and after pictures) and include a disclaimer if they are being compensated for the supplement they “reviewed”.
Sounds Great - I Guess the Acai Berry Scams Will All Be Shut Down - Right?
Not exactly. Here is one little problem we wanted to mention to the FTC -
Not All Bloggers Live in the USA!
The FTC can only take action against US citizens. We have traced many of the Acai and Resveratrol Scam sites back to overseas bloggers. So, all those scam sites outside the USA will just continue on.
The other problem is simply an enforcement issue - with millions of blogs it will be very hard for the FTC to police all the blog sites.
Who Will These FTC Guidelines Stop?
Honest people just trying to write about what they love! We are the first to admit that there are numerous scam blogs about supplements. However, there are probably ten’s of thousand of personal bloggers who honestly write about their experience with supplements. We expect these honest bloggers to be scared away from posting their experience with a supplement. Are they an expert? Do they really want to keep documentation for everything they say? If an Acai supplement helped increase their energy, how will they prove that when the FTC comes knocking?
FTC - Can You Please Stop Trying to Help Us?
We know you mean well, but these new guidelines will have the opposite effect you want. You want to stop bloggers from scamming consumers? Great - how about you just enforce the current laws. We can give you a list of Acai Scam sites that are clearly deceiving the public and you could go after right now. These new guidelines will just have the effect of driving away honest bloggers who want to share their opinions about foods and supplements they have used.
Think we have this all wrong? Drop us a comment and let us know.
