How do the new FTC guidelines affect affiliate marketing?

October 6, 2009 by John Dilbeck · 15 Comments
Filed under: Advertising and Marketing, Affiliate Marketing, Blogging, Opinions 

Yesterday, October 5, 2009, the FTC published their final guidelines governing endorsements and testimonials. This ruling will affect celebrities, bloggers, testimonial advertisements, and probably more.

The press release is here:

FTC Publishes Final Guides Governing Endorsements, Testimonials

The actual guidelines are in a pdf file that I have tried to download several times, but, so far, have only been able to get a portion of it.

The actual guidelines are described as:

16 C.F.R. Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides

They are available as a pdf file:

Text of the Federal Register notice

As I said, previously, I have not been able to read these new rules, yet, so I’m just wondering out loud at the moment.

How does this affect affiliate marketers?

Are blog posts with affiliate links covered under these new guidelines? How?

(Disclaimer: I am not now or ever have been a lawyer. I do not give legal advice. I don’t even play a lawyer on TV or the Internet.)

I can read from the press release that anyone who is posting sponsored articles to their blog will be affected. Since I don’t do that, I haven’t given the ramifications much thought.

I almost never receive a freebie in return for writing a review, but I have no problem disclosing that fact when it happens.

Most of us would never fall under the label of “celebrity” and never get paid huge sums of money to endorse a product on a talk show or in social media, but if you do, now you have to disclose that fact.

Still, how does this affect bloggers who are affiliate marketers?

Does every link have to be disclosed as a possible money-making link?

Will it be enough to add a few lines to our disclosures page?

Are we even covered by the new guidelines?

What about you?

Will these new FTC guidelines affect how you run your business and how you advertise and market products and services?

Act on your dream!

JD

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