New 2013 FTC Disclosure Guidelines for bloggers
New FTC Disclosure Guidelines for Bloggers
Did you know that in March 2013 the FTC issued new and updated Disclosure Regulations that apply to bloggers and website owners who display advertising and use affiliate links or product reviews on their sites? And the new rules appear much clearer, and more stringent, than we might have believed before.
Until now most bloggers have been adding a formal Disclosure Policy to their site and referring readers to this policy at the end of their posts. Or perhaps writing a disclosure summary at the foot of the post confirming that products were received for review, or the post contains affiliate links. But it is now clear from the FTC new guidelines that this is not sufficient to comply with the law.
You can review the new guidelines here – http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf
What is a Disclosure?
A disclosure could be considered the “fine print” that a consumer should be made aware of before making a decision to buy/invest/sign up. If you have an interest that might have influenced your decision to make a recommendation about a product or service, then you have a duty to let your readers know about that. For example, if you were paid to review a product, given a free product to use in a project, given a product to review, or will receive a commission on a sale of a product you are recommending.
For example, below the FTC gives a clear example in their document (See example 21 in the above document) about a blogger who received free paint and wrote a post reviewing the paint used on one of her home decor projects. At the bottom of the post, the blogger disclosures that she received the paint for free in return for the review. But the FTC say at the bottom of the post is not good enough. Their argument is that the affiliate links or product links appear higher up in the text and therefore a reader might click away before reading the disclosure at the bottom.
Fair enough I suppose.
I’ve picked out what I think are the main take-away points from the new document:
- Required disclosures must be clear and conspicuous.
- The closer the disclosure is to the claim to which it relates, the better.
- Display disclosures before consumers make a decision to buy — e.g., before they “add to shopping cart” or click away to another site or page. Also recognize that disclosures may have to be repeated before purchase to ensure that they are adequately presented to consumers.
So now that the Guidelines have been very clearly set out, are you complying? Would a reader know that a link was an affiliate link or that a post was a sponsored post right away before they had a chance to click away to the sponsors site or make a purchase?
What do you think of these requirements? Overkill for small bloggers? Or entirely necessary to protect readers from making uninformed decisions?
Recommendation
For all posts that contain affiliate links or where you are writing a sponsored post or review for goods you received for free – from March 2013 onwards – you should include a disclosure at some point in your post above the first link, including a link to your full Disclosure Policy.
(Need a Disclosure Policy – read Writing a Killer Disclosure Policy.)
Note – this post is aimed at bloggers in the US. If you are outside the US please be aware that different requirements may apply to you. Please do not take this post as any form of legal advice. Make yourself aware of the local requirements as they apply to you.
Authored by: Deby at Moms Make Money
August 6, 2013 @ 9:02 am
thanks for helping by writing this, I am new to reviewing products and such. Your writing is very clear and helpful. Thanks! Have a blessed Tuesday!
August 6, 2013 @ 3:38 pm
Thanks for this post! I didn’t realize they had updated again this year. I’m just now getting back into sponsored reviews after not doing them for years, and it’s great to get a refresher in disclosure policies.
August 6, 2013 @ 3:54 pm
Thank you, thank you! I just did my first review for a product I received for free and I thought I’d ‘disclosed’ it correctly, but evidently I was following the old rules! Eek! I need to read the new rules carefully.
August 6, 2013 @ 4:19 pm
It would probably be best to move your disclosure to the very top of the post so that it is clear and conspicuous and can’t be missed if a person doesn’t read all the way to the bottom. And do make sure you make any of the sponsored links ‘nofollow’ too !
August 7, 2013 @ 10:02 am
Do you need to add a disclosure to a post for an item that you are reviewing if you bought that item and wanted to share your experience with it?
August 7, 2013 @ 10:36 am
If you bought the item and love it, and want to tell everyone then there is no need for a disclosure or a nofollow link. However to make it clear to your readers, you could say at the bottom that you bought the product yourself, and aren’t receiving any compensation, you are just recommending it because you love it. Then there can be no mis-understanding and readers can see your review is genuine. However, if you are linking out to the product with an affiliate link and will earn a commission on a sale – then the disclosure rules will apply.
August 8, 2013 @ 9:16 am
When I’m reading, especially an unfamiliar blog, I prefer to see the explanation of how you acquired the product really early in the post, within the first couple of paragraphs. This makes it clear if it’s a compensated review, and if it’s just an item you bought then I like knowing that your review is unbiased.
August 8, 2013 @ 10:10 am
And this is exactly what the FTC wants bloggers to do. Looking at it from a consumers/readers point of view you can completely understand why they are asking for this disclosure.
August 9, 2013 @ 7:27 am
Thank you. I usually mention within the first paragraph if I bought it or how I acquired it. I try to do that early on in my post.
August 7, 2013 @ 1:14 pm
Visiting from Lady Behind the Curtain — this is very helpful, thank you!!!
August 7, 2013 @ 3:28 pm
very interesting and very useful, thanks
August 7, 2013 @ 4:48 pm
For sponsored posts, I think the guidelines are fairly clear. But how do you suggest disclosing when you have affiliate links in a post? The post is not sponsored by anyone really, but I can earn some money from people using those links to purchase. Do you think it is sufficient to include “(affiliate link)” before or after the link in the post itself?
August 7, 2013 @ 4:58 pm
Yes, that’s how I’ve seen it done. You could also refer people to your disclosure policy, or include a statement at the top of the post along the lines that the post contains affiliate links and you would receive a commission if a purchase is made using the link.
August 8, 2013 @ 1:42 pm
Thanks for sharing this info. I have been blogging awhile but someday hope to get to do reviews etc. I came over from a Glimpse Inside
August 8, 2013 @ 11:09 pm
I am not advertising on my blog yet, and I am getting more and more terrified by all of the rules and requirements. Thank you so much for the information. I am pinning this to re-read and make sure I get it right when the time comes 🙂
August 8, 2013 @ 11:36 pm
The gang over at My Personal Accent think your post about the new FTC Disclosure Requirements for Bloggers is very important information.
August 9, 2013 @ 8:31 am
Thanks for sharing this! I had no idea it was necessary to say it was an affiliate link. Maybe I’m naive but I always assumed people knew that if they clicked on a link at someone’s blogs odds are the blogger gets paid for it in some way. Didn’t realize it HAD to be stated, especially since very few bloggers I know say so!
Now off to write a disclosure policy!
August 9, 2013 @ 8:55 am
Great information. I have a tons to learn in this area. It’s pinned! Thanks, as always, for the great blogging tips!
August 9, 2013 @ 9:22 am
Thanks for sharing! Just read through your July Blog Income Revealed and both posts have great info.
August 10, 2013 @ 12:38 am
Thanks for posting. I’m a new blogger and definitely need this info!
August 10, 2013 @ 8:04 am
I understand why it’s so important to disclose this information up front. Although I LOVE all the home decor and DIY blogs I read I could never give much credence to a review that a blogger was paid to do. There’s just an undeniable conflict of interest there. I read to be inspired, and I always am, but if I see a product reviewed that I havesnt already tried and think I might possibly be interested in, I then go and do my own research on it and read reviews posted by consumers who have spent their hard earned money on the product and see what they have to say. That’s just my take.
August 10, 2013 @ 10:33 pm
I’ve read this a few times now and I wanted to know if anyone had clarification on link advertising like infolinks? Do I need to say anything about those that randomly pop up on posts, or would the information that pops up when hovered over cover any FTC requirements? Obviously I don’t know what will pop up when I write a post so I really cannot be biased, right?
It’s complicated but I get it. I’m a huge fan of many “makeup gurus” on YouTube and when they don’t seem genuine about a product I check the bottom of the information box and, waddayaknow it’s sponsored, haha.
August 11, 2013 @ 7:45 am
Hi Corinna, There is no need for any disclosure for banner style advertising. So adverts like Adsense and Infolinks don’t each need a separate note to tell the readers that these are adverts. You aren’t in control of what is being recommended and aren’t making a personal recommendation so these are fine.
August 11, 2013 @ 2:34 pm
Oh man, something else to think about. I make PENNIES from my affiliate links and this kind of makes me think I should give up anyway. I have a disclosure policy and this makes me feel I should point people in that direction at the beginning of every post! Don’t get me started on “royalty-free” images!
Seriously, great advice – thanks!
August 11, 2013 @ 3:39 pm
Yes, I’ve recently heard from horror stories about royalty free images. Best to avoid any kind of stock photos if you can and take all of your own, but sometimes thats not always possible.
August 12, 2013 @ 8:41 pm
Pinning this to my blogging board. I started disclosing at both top and bottom of my posts and in all social media. Tough but I understand why. Though I think a lot of the TV and print ads need their own disclosures. IE i doubt Shaq drives a Buick. Thanks for sharing at All Things Pretty.
August 12, 2013 @ 11:04 pm
Seriously we see a product we think we like does it matter, example I don’t have craftsy as an affiliate but if someone has done a course and I liked what they made I don’t really care whether they’re being paid for the post/click or not. I will say if I am shopping at places like amazon and I know my favorite bloggers have affiliate links I will click on those before purchasing. I think it’s ridiculous. A celeb being paid big bucks tweets something about a product eg coke doesn’t add a disclaimer or wearing a dress given to them and saying on the red carpet that it was free, come on surely we all have brains and can make up our own minds as to what we like or don’t like. LOL rant over
August 13, 2013 @ 7:54 am
I feel the very same way -makes me crazy that this has gone so far. I’m sure people out there still make up their own minds and don’t blindly buy something just because another blogger used it. I like the idea that you seek out an affiliate link when shopping at Amazon – that really is a great idea to give your favorite bloggers a little bonus. Thanks for sharing your opinion.
August 13, 2013 @ 10:02 am
any idea on the disclosure policies for non US people?? most US based brands are now targetting non US bloggers to do reviews, is this because of the new rules?
August 13, 2013 @ 10:17 am
I can only tell you that in my country, we don’t have ANY rules. We don’t even have copyright laws – here when you go to a film rental store they sell you a copy of the film for a few dollars instead of renting an original. Pretty much anything goes here. However, what the rules are in other countries – I wouldn’t like to advise you on it. It could certainly be one reason why brands might consider using overseas bloggers. The disclosures can be cumbersome and off-putting and it always reads like something underhand or slightly shady is going on. However, if most of your readers are from the US, you should still try to comply with the intention of the rules so that your readers are not mis-lead in any way even if you don’t have to disclose in exactly the same way.
August 14, 2013 @ 1:46 pm
Thanks for linking to Take-A-Look Tuesday over at Sugar Bee Crafts – you were featured today!
–Mandy, SugarBeeCrafts.com
August 14, 2013 @ 10:38 pm
Thanks for writing about this.
August 15, 2013 @ 9:08 am
Featuring YOU today over on my blog. Thank you for linking up to {wow me} wednesday!
Ginger @ GingerSnapCrafts.com