Industry groups are currently working to develop best practices guidelines to assist corporations in complying with the Federal Trade Commission’s revised Guides Concerning the Use of Endorsements and Testimonials in Advertising.  These revisions regulate both (i) bloggers who are paid compensation or given other incentives such as complimentary products in exchange for posting a review or comments about a product, and (ii) bloggers who have other material connections with the manufacturer of a product.  Arent Fox has previously reported on the revised FTC endorsement and testimonial guides.  See the previous coverage here.

The Word of Mouth Marketing Association (WOMMA), a leading organization of marketing professionals, is currently finalizing its guidelines on best practices for marketers and bloggers.  WOMMA is seen by many as a bellwether in the field.  The organization’s Ethics Code and its comments were well-received by the Federal Trade Commission when the agency recently revised its Guides Concerning the Use of Endorsements and Testimonials in Advertising. 

A draft copy of WOMMA’s best practices guidelines includes practical advice on how those who use social media should disclose their marketing ties.  The guidelines suggest that bloggers state that “I received ______ from (company X) as a sample/to review” in editorials and reviews for which they have given sample products.  For disclosures on social networks, the guidelines suggest including a similar notice either as part of a status update or as a photo or video description.  WOMMA suggests that both users’ blogs and social media profiles include a “Disclosure and Relationships” section disclosing material connections.  For Twitter, best practices also include creating a “Disclosures and Relationships” section on one’s Twitter profile, as well as clearly noting “#spon” or “#paid” within a tweet that has been sponsored or paid for by a company.

WOMMA’s comment period for its best practices guidelines closed on January 5, 2010.  The final draft should be released shortly thereafter.     

For more information on how marketers and bloggers can best comply with new government disclosure regulations, please contact:

Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353

Matthew R. Mills
mills.matthew@arentfox.com
202.715.8582

Grace L. Applefeld
applefeld.grace@arentfox.com
202.857.6498