Why Is The FTC Singling Out Bloggers?

All this hubbub about the FTC cracking down on bloggers to disclose sponsorships is a bit troublesome and confusing to me. I think it’s ironic that everyone is up in arms that bloggers may be receiving a free box of diapers in exchange for a review when magazine editors, television producers and everyone else representing “traditional” media constantly receive free products from brands in the hopes that they will be featured in an editorial piece. Many companies also pay for certain placements or mentions. This is not something new; it’s common practice that has been going on in mainstream media since the beginning of time.

The Oprah team gets millions of dollars worth of products sent to them and I don’t think Oprah has ever disclosed that she got anything for free. Brands have their products placed in TV shows and in films. Should there be a pop up that alerts viewers that the can of Coke that Ben Affleck is drinking represents a paid sponsor? Jon and Kate Gosselin got their lives supplemented by free gifts, everything from a hair transplant to a tummy tuck to trips to Disney and Hawaii to expensive play houses for their 8 kids. Product companies pay to have their products “gifted” to celebrities in the hope that their product will show up on one of Angelina Jolie’s babies on the cover of People Magazine. This happens all the time, so much so that the word gift is now used as a verb (to gift: to give Tory Spelling’s baby free stuff). Should celebrities disclose that the clothes on their children’s backs were given to them for free? Nike pays to have athletes wear their products exclusively. Oftentimes, PR and marketing representatives send “free” samples not as swag or payola, but simply to introduce a product and to let media see the product first hand and hope that they like it and will write about it. Now people fear that even a casual mention of a product or brand in an online conversation (whether sponsored or not) will result in an investigation by the FTC. Will the FTC investigate mentions of products in magazines to see if those product companies are regular advertisers in that publication? Is that acceptable? This all seems an impossible mission to enforce, seemingly skewed against bloggers.

I would venture a guess that the only media outlet that does not receive free product is Consumer Reports. Magazines, television, film, celebrities, newspapers, bloggers, tweeters, social media specialists, and anyone working in any media representing any company in any capacity should all be held accountable to the same standard. If bloggers are required to disclose sponsorship (which most do on their own anyway), then all media should as well. I’m just not understanding why bloggers are being singled out, unless of course, bloggers are chipping away at ad revenues and the mainstream media feels a bit threatened perhaps? Hmm, I’ll have to think about that….

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12 comments so far. Leave a comment.

  1. Lynn from OrganicMania.com

    wrote on July 16, 2009 at 9:07 am

    I totally agree with you but have not had time to post. Have you considered submitting your comments to the FTC? I think it’s fine if bloggers are held to this standard, but then the NYC beauty editors must comply too… as well as everyone else.

  2. Jill W

    wrote on July 16, 2009 at 12:55 pm

    great post-I agree! Hadn’t thought of this aspect of it yet, so thanks

  3. Leighann of Multi-Minding Mom

    wrote on July 16, 2009 at 1:33 pm

    Excellent points.

    I stopped enjoying John & Kate when it became product sponsorship central. It was no longer a “reality show” when all the guest celebs started showing up on their doorstep.

    I think that a general disclosure statement by bloggers saying that they receive free products should be sufficient. And I think it’s horrible that I have to consider becoming an LLC to protect my family. Becoming an LLC in my state is $450 up front and $250 a year to upkeep. I don’t receive the kind of cash profit from blogging that would make it worth that.

  4. JamericanSpice

    wrote on July 16, 2009 at 3:58 pm

    I too agree with you on this. It’s crazy. It’s as if they have nothing else to do so they drum up things to put on the docket.

  5. Asianmommy

    wrote on July 16, 2009 at 6:45 pm

    This is a very good point. I don’t have a problem with bloggers having to disclose their relationships with sponsors, but you’re right–everyone else should be held to the same standards.

  6. MammaLoves

    wrote on July 16, 2009 at 8:04 pm

    INDEED! Saving this to refer back to later.

  7. Lauren

    wrote on July 17, 2009 at 5:02 am

    I was talking about this last night with a friend of mine. Not to get political, but I feel like it’s another small step to a Socialist Nation.

    Why Bloggers are being singled out, it’s got to be the fact that the Blogging world is booming. WOM is worth much more to advertisers than standard print ads- we all know that- that’s why we do what we do.

    Some of us are into it for the products, some of us are into it for the fun, and some of us bank a nice little chunk of change. It shouldn’t matter what we’re into it for. We are human, we are real people with real opinions. We are not advertising specialists with a degree, our blog is a PERSONAL blog- and as an American we still have Freedom of Speech.

    I’m going to step off of my soapbox now, but I’ve been giving this topic a lot of thought lately.

    I agree with the previous commenter who suggested you send your comments to the FTC.

  8. Ellen E.

    wrote on July 17, 2009 at 9:12 am

    I’ve been active in marketing since the day I left grad school – first with IBM, then with my own marketing & promotion agency. You are right. Consider all these paid-for situations: rampant product placement in movies; actor plugs in gossip columns;reality show prizes; and the list goes on in terms of mainstream media.

    But here’s an even bigger thought: Lobbyists in Washington have more control than any ad agency in determining what we buy. The pharmaceuticals are the worst offenders. They have unending deep pockets in D.C.; and the same can be said for their presence in doctors’ offices. I’m never in a doctor’s building that I don’t see the person in the little suit with the rolling suitcase.

    So what harm can a Mommy Blogger do when the controllers in D.C. are actually controlled by industry. It’s crazy! And I have a soap box on this, too.

  9. Kristy

    wrote on July 18, 2009 at 3:00 pm

    Wow, the hypocrisy of this whole thing is really infuriating.

    Hopefully the pursuit of singling out bloggers will die down when people start realizing that it isn’t limited to the blogging world, or did it even start here!

    Thank you for such a good article – hopefully it will educate the FTC as well.

  10. Condo Blues

    wrote on July 31, 2009 at 7:44 am

    Excellent points all around! I worked in local TV production and promotions where swag was just a normal part of doing business. While watching TV or movies, I like to play the Spot the Product Placement Game which isn’t disclosed and can be much more expensive items such as trips for reality show families than a bottle of cleaner which a blogger is asked to sample and review. Why the double standard?

  11. Donna

    wrote on July 31, 2009 at 5:15 pm

    Thank you for this. I worked for years in radio and television and always received free stuff in the course of my jobs there, and it was no big deal. When I started doing reviews on my blog, I usually indicated that companies approached me and gave me the products I was reviewing — but I didn’t write any formal disclosures. Now, I do. I don’t mind disclosures, but I do resent the double standard.

  12. brains

    wrote on August 18, 2009 at 2:05 pm

    Agree to agree.

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