FTC Plans to Scrutinize Sponsored Blogs

WASHINGTON — The Federal Trade Commision’s proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising will focus on online marketing techniques.

Independent consumer reviews of products and services found online via blogs and other forms of word-of-mouth marketing can fall under the FTC’s scrutiny when the reviewer is compensated for positive appraisal.

The proposed revisions call for “testimonials that do not describe typical consumer experiences” be accompanied by “clear and conspicuous disclosure of the results consumers can generally expect to achieve from the advertised product or program.”

“FTC staff attorneys are reviewing the public comments that have been made regarding revisions to the guides,” said Richard Cleland, assistant director of FTC’s division of advertising practices. “The FTC staff will come up with a recommendation to the agency's commissioners about whether the guides should be adopted in final form or whether further revision is needed. It is likely that the commissioners will vote on the matter some time this summer.”

In a statement, the FTC makes clear that what it is proposing are guidelines, not regulations and thus have no civil penalties associated with them. However, advertisers that do not abide are subject to investigation by the FTC.

“Those who are compensated to promote or review a product using these [current online marketing] techniques are not exempt from the laws governing truthful advertising,” Cleland said.

The guides have not been revised since 1980. The FTC said it does not purport to cover every possible form of endorsement in advertising, however will depend on specific factual circumstances if investigation into an endorsement or testimonial is deemed deceptive.

The proposed guidelines do not clearly specify what affect the planned revisions will have on affiliate linking, however it is speculated that such partnerships that are clearly illustrated will not be affected.

The future of bloggers that receive free samples to review also is unclear.

“Obviously, direct payment would constitute a paid testimonial, and in at least some situations, free samples could be considered compensation,” said the FTC in a statement. “However, we have received a number of comments on this issue and we are currently considering what recommendation to make on that point.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

LoyalFans Announces 'Group Walkthrough' Online Event Series

LoyalFans has announced its new “Group Walkthrough” online event series for creators, taking place every Tuesday and Thursday.

Show More