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 © 2025 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

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More