A free trial plant I received from Proven Winners
The Federal Trade Commission, in the interest of protecting the public, has issued new guidelines (see Federal Trade Commission 16 CFR Part 255, unofficial version here), on product or service endorsements that apply to blogs. These guidelines pertain to the applicability of section 5 of the FTC Act (15 U.S.C. 45) (see here) to endorsements and testimonials in advertising, and go into effect December 1.
You may think to yourself, well, this doesn't apply to me, I don't have any ads on my blog and I'm not some corporate shill. Don't be too sure. The guidelines provide that if a blogger has received any kind of compensation from an advertiser, including free merchandise, that relationship must be disclosed. In other words, if you got a free plant to trial, or a review copy of a book, and you discuss it on your blog, even if the corporation that provided the item has not told you what to write or what kind of review they seek, the guidelines still apply. They apply even if you don't feel bound to make a positive report on your evaluation. To avoid running afoul of the guidelines, you must "clearly and conspicuously disclose" that you received the merchandise or compensation. Sec. 255.5.It gets tricky when the item is not provided by the advertiser. In an example given, a blogger who receives a coupon from the grocery store for free dog food, then writes about how the new food has made his or her dog's coat softer and shinier and is therefore worth the higher price, has not made an "endorsement" within the scope of the guidelines. (See sec. 255(0)(e).) This is because the blogger received the product as a result of his or her relationship with the grocery store, and not as a result of a relationship between the blogger and the advertiser. If the blogger had received the pet food through a network marketing program that he or she had joined which provides items to trial, that would be considered an "endorsement." Got that? Good.
These guidelines also apply to "endorsements" made on online message boards and discussion fora. If you're not sure if the guidelines apply to your situation, disclose.I want to make clear that these guidelines are administrative interpretations of the law, and are not the law itself. However, an action for deceptive practices can be based on a violation of the guidelines. The bottom line is: if you get something for free, say so, clearly and conspicuously.
----------------------------------------------------------------------------------(edit. 10/6/09)Actually, the bottom line is probably going to be a severe curtailing of all swag. The guidelines impose the onerous obligation that the advertiser ensure that the person reviewing the item complies with the guidelines. At shows such as the Independent Garden Center show, hundreds of plants or seed packets may be given away. The "advertiser" would need to keep track of each item given and record the name and contact information of each person who receives an item. I can't imagine any company being willing to jump through those hoops. In then end, it's always the little people such as us who suffer.Whenever anything good comes along, there's always someone out to ruin it for you.