From the article (emphasis added):
"While the 1980 Guides did not explicitly state that endorsers as well as advertisers could be liable under the FTC Act for statements they make in an endorsement, the revised Guides reflect Commission case law and clearly state that both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement – or for failure to disclose material connections between the advertiser and endorsers. ... In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act."
It looks like it doesn't matter to them what bloggers do--as long as there's no accusation of fraud. Bloggers who receive a free whatever for writing a review aren't exactly required to say so--but not saying so could be considered misleading, especially if it's a glowing review of a so-so product.
I suspect it's not designed to go after individual bloggers who occasionally agree to review a book or widget for a free one to keep, but to put a hold on company-employed bloggers & tweeters and let them know they're liable for any problems caused by people thinking they were singing the praises of MegaCorp from the goodness of their hearts.
|