FTC Guidelines Overview: How it Impacts PR, Brands and Bloggers

FTC Guidelines Overview: How it Impacts PR and the Blogger World

Sarah Evans @PRsarahevans

[email protected] www.sevansstrategy.com

#BBsummit11 @PRsarahevans www.sevansstrategy.com

Disclose. Disclose. Disclose.

Official FTC Media Release: h2p://www.7c.gov/opa/2009/10/endortest.shtm


Why?

•  It’s the right thing to do •  You want readers, brands and consumers to trust you (as a blogger or a business)

•  If you’re the “owner” of the brand or business, you’re ulHmately responsible


Top 3 Takeaways


AdverHsements that feature a consumer and convey his or her

experience with a product or service as “typical” are required to disclose the results consumers can generally expect

What does that mean? Endorsements must be truthful, not misleading.


If a company refers in an adverHsement to the findings of a research

organizaHon that conducted research sponsored by the company, the adverHsement must disclose the

connecCon between both.


A post by a blogger who receives cash or in-‐kind payment to review a product

is considered an endorsement.


“The FTC guidelines are about decepKve pracKces in which what

appears to be an honest opinion is, in fact, a biased perspecKve.”

– Joe Chernov (@jchernov), co-‐chair, WOMMA Ethics CommiVee


TOOL: FTC Online Endorsement Guidelines Quick Overview

hVp://www.slideshare.net/PRsarahevans/Yc-‐overview-‐for-‐online-‐endorsements


On behalf of the brand…

•  It’s the brand or adverHser’s responsibility to inform campaign parHcipants. UlHmately, YOU are responsible. Explain to members of your network what can – and can’t – be said about the product;

•  Set up a reasonable monitoring program to check out what your people are saying about your product; and

•  Be proacHve. Follow up if you find quesHonable pracHces.

Ann Taylor LOFT

To promote the launch of its summer collecHon, Ann Taylor LOFT invited bloggers to aVend an exclusive preview of its

2010 summer collecHon. "Bloggers who aVend will receive a special giY," the invitaHon read, "and those who post

coverage from the event will be entered in a mystery giY card drawing where you can win up to $500 at LOFT!"

CASE STUDY

In small print on the invitaHon:

"Please note all bloggers must post coverage from our event to their blog within 24 hours in order to be

eligible. Links to post must be sent to [e-‐mail address], along with the code on the back of your giY card

distributed to you at the event. You will be noHfied of your giY card amount by February 2. GiY card amounts

will vary from $10 to $500."

“We were concerned that bloggers who aLended a preview on January 26, 2010 failed to disclose that they received giYs for posHng blog content about that event,” Mary Engle, the FTC’s associate director-‐

adverHsing pracHces, wrote in a leVer dated April 20 to Ann

Taylor’s legal representaHon.


The ResoluCon?

•  The FTC ulHmately determined not to recommend an enforcement acHon, because, in part ‘LOFT adopted a wriVen policy . . . staHng that LOFT will not issue any giY to any blogger without first telling the blogger that the blogger must disclose the giY in his or her blog.’

•  They expect the company to monitor bloggers’ compliance with the obligaHon to disclose giYs they receive from LOFT.”


On behalf of the blogger…

•  It’s the brand or adverHser’s responsibility to inform you. However, it’s your responsibility to familiarize yourself with online endorsement guidelines.

•  Set up an online disclosure policy page on your site and refer to disclosures when talking about the product(s).

•  Be proacHve. Push back on the brand if you have quesHons.


Example of Blogger Ambassador Program: Typical “Asks”

•  Get the tools. Purchase/use/download product. •  Join the Ambassador Program for a period of <insert Hme

frame>. •  Use our product. Use the product and document your

experience. •  Create content. Post a blog or vlog review of product on

your blog or website (disclose compensaHon) •  Social sharing of the review post, including: at least one

tweet and one share on Facebook (disclose compensaHon) •  Follow brand TwiVer account •  Like brand Facebook page


As a blogger you should have the following:

•  Disclosure policy on blog or website •  Disclosures you use when sharing informaHon on social networks

•  DocumentaHon of your partnership with the brand

Don’t worry, I’ll show you what these look like.


An exciHng round of #True or #False.


True or False?

A comprehensive online disclosure policy on your website fully covers you.


FALSE

Tweet-‐ready You must disclose your affiliaHon with a company

or product on your site and social networks. #BBsummit11 #FTC via @PRsarahevans


True or False?

If a restaurant “comps” you a meal without you asking for it and you write about them, you don’t need

to disclose.


FALSE


True or False?

Adding the hashtag #spon to your tweet covers the acknowledgement that you were compensated in some

way for your post.


TRUE

A Few Guidelines

Official WOMMA Guidelines

•  #spon – Sponsored •  #paid – Paid •  #samp – Sample

Others

•  #ad •  #client •  #advisoryboard

More info here:


Incorporated hashtag into Google+


True or False?

Bloggers not in compliance with guidelines may be fined up to $11,000.


FALSE


There is no fine for bloggers for not complying with an FTC guide.


True or False?

You do need to disclose if you review a product and then returned it to the business.


DEPENDS


In this instance, yes:

If you are given the use of a product for an extended amount of Hme you should disclose: 1) That you

were given the product; 2) How long you were given the product; and 3) You returned the product.


Disclosure Policy Example for blog or website

This policy is valid from July 14, 2011

This blog is a personal blog wri2en and edited by me. For quesKons about this blog, contact <insert your email address>.

This blog does not accept any form of cash adverKsing, sponsorship or paid topics. However, we will and do accept and keep free products, services, travel, event Kckets and other forms of compensaKon from companies and organizaKons.

The owner(s) of this blog will never receive compensaKon in any way from this blog.

This blog does contain content which might present a conflict of interest. This content may not always be idenKfied. We are employed or consult with: Company 1, Company 2, etc… We serve on the following corporate or non profit boards: Example 1, Example 2, etc… We are acKve in a poliKcal party which influences our blog: AffiliaKon 1. We blog about people to whom we are related. These people include: My mom (name). We have a financial interest in the following that are relevant to our blogging: Investment 1.


TOOL: DisclosurePolicy.org

hVp://disclosurepolicy.org/generator/generate_policy


True or False? PracCcal example.

A company with a new app hires you as part of an ambassador program. As part of your requirements they ask you to submit a posiHve review in an app store along with “posiHve comments.”

If you use the app and like it you do not have to disclose you were compensated.


FALSE


TOOLS

•  Comp.ly •  WOMMA

•  DisclosurePolicy.Org •  FTC


FTC Resources

•  Specific quesHons: Email: [email protected]

•  Revised Guides offer more than 35 examples of how guidelines apply in pracHcal sesngs

•  To-‐the-‐point video clips •  To file a complaint or get free informaHon on consumer issues, visit Yc.gov or call toll-‐free, 1-‐877-‐FTC-‐HELP (1-‐877-‐382-‐4357)


QuesHons?

FTC Guidelines Overview: How it Impacts PR, Brands and Bloggers

Documents

Transcript of FTC Guidelines Overview: How it Impacts PR, Brands and Bloggers