Comments on: The FTC, Bloggers, and Free Samples http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/ The Online Wine Magazine Mon, 15 Mar 2010 22:48:29 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Not Just Another Wine Sample | another wine blog http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-3064 Not Just Another Wine Sample | another wine blog Sun, 07 Mar 2010 18:16:41 +0000 http://palatepress.com/?p=2108#comment-3064 [...] review. Of course with that goes the whole BS disclosure business that the Federal Trade Commission imposed upon bloggers, but not paid wine writers.  Because if we’re getting wine for free, says this ridiculous [...] [...] review. Of course with that goes the whole BS disclosure business that the Federal Trade Commission imposed upon bloggers, but not paid wine writers.  Because if we’re getting wine for free, says this ridiculous [...]

]]> By: Advertisers Call for a Do-Over on FTC Blogger Rules | Finley & Cook, PLLC http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-2352 Advertisers Call for a Do-Over on FTC Blogger Rules | Finley & Cook, PLLC Wed, 20 Jan 2010 22:31:21 +0000 http://palatepress.com/?p=2108#comment-2352 [...] surprisingly, bloggers have had a few things to say about the new FTC guidelines, including Dallas Mavericks owner Mark Cuban, [...] [...] surprisingly, bloggers have had a few things to say about the new FTC guidelines, including Dallas Mavericks owner Mark Cuban, [...]

]]> By: Swirl Smell Slurp » Wine Web Wednesdays http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-1174 Swirl Smell Slurp » Wine Web Wednesdays Wed, 04 Nov 2009 14:10:46 +0000 http://palatepress.com/?p=2108#comment-1174 [...] Full Disclosure:  Where in the hell is our free wine? [...] [...] Full Disclosure:  Where in the hell is our free wine? [...]

]]> By: New FTC Rules that Travel and Photography Bloggers Should Note | David Sanger Photography http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-1004 New FTC Rules that Travel and Photography Bloggers Should Note | David Sanger Photography Fri, 30 Oct 2009 06:45:02 +0000 http://palatepress.com/?p=2108#comment-1004 [...] This legal analysis by David Honig of Palate Press covers what options the FTC might have in enforcing the [...] [...] This legal analysis by David Honig of Palate Press covers what options the FTC might have in enforcing the [...]

]]> By: 2006 Cornerstone Cellars Napa Valley Cabernet Sauvignon | another wine blog http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-783 2006 Cornerstone Cellars Napa Valley Cabernet Sauvignon | another wine blog Mon, 26 Oct 2009 01:25:31 +0000 http://palatepress.com/?p=2108#comment-783 [...] some folks believe that this new rule would not stand up to a challenge. I tend to think that is the case as well. However, I, and almost [...] [...] some folks believe that this new rule would not stand up to a challenge. I tend to think that is the case as well. However, I, and almost [...]

]]> By: winenegress http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-671 winenegress Tue, 20 Oct 2009 18:25:27 +0000 http://palatepress.com/?p=2108#comment-671 Much of this is no-brainer stuff. This kind of disclosure is routine in all other forms of publication Also, I suspect enforcement is unlikely since the FTC couldn't possibly read every blog out there and monitor reviews of goods, products and services. But bravo to Palate Press for doing the right thing. Much of this is no-brainer stuff. This kind of disclosure is routine in all other forms of publication Also, I suspect enforcement is unlikely since the FTC couldn’t possibly read every blog out there and monitor reviews of goods, products and services. But bravo to Palate Press for doing the right thing.

]]> By: Ward Kadel http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-595 Ward Kadel Fri, 16 Oct 2009 16:43:28 +0000 http://palatepress.com/?p=2108#comment-595 Hi David, outstanding job. *Thank you* for breaking this down for all of us. I have always been following a disclosure policy, anyway (it's at the bottom of all of my posts over at WineLog.net) and of course have continued over here with you at Palate Press. Great information! Hi David, outstanding job. *Thank you* for breaking this down for all of us. I have always been following a disclosure policy, anyway (it’s at the bottom of all of my posts over at WineLog.net) and of course have continued over here with you at Palate Press. Great information!

]]> By: Richard Frisbie http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-593 Richard Frisbie Fri, 16 Oct 2009 15:48:52 +0000 http://palatepress.com/?p=2108#comment-593 I published this to the LinkedIN Group Travel Editors & Freelance Journalists New ruling about bloggers having to disclose any compensation. Will this disclaimer pass muster? DISCLAIMER - Richard Frisbie accepts free copies of books for review, restaurant meals to critique, bottles of wine and liquor for tastings, and all-expense-paid FAM & PRESS trips in exchange for articles about the destinations. He is paid for these articles. This disclaimer is currently posted at the end of my Food Correspondent articles on Gather.com http://bit.ly/HAnF6 I'm going to post a link to this article in the discussion area of this group. Thanks for a breakdown and explanation that makes sense! It caused quite a discussion that has migrated to a Canadian site. I published this to the LinkedIN Group Travel Editors & Freelance Journalists

New ruling about bloggers having to disclose any compensation. Will this disclaimer pass muster?

DISCLAIMER – Richard Frisbie accepts free copies of books for review, restaurant meals to critique, bottles of wine and liquor for tastings, and all-expense-paid FAM & PRESS trips in exchange for articles about the destinations. He is paid for these articles.

This disclaimer is currently posted at the end of my Food Correspondent articles on Gather.com http://bit.ly/HAnF6
I’m going to post a link to this article in the discussion area of this group. Thanks for a breakdown and explanation that makes sense!
It caused quite a discussion that has migrated to a Canadian site.

]]> By: Dan Berger http://palatepress.com/2009/10/the-ftc-bloggers-and-free-samples/comment-page-1/#comment-585 Dan Berger Fri, 16 Oct 2009 01:12:53 +0000 http://palatepress.com/?p=2108#comment-585 The following is from my weekly newsletter, published Thursday, Oct. 15: The Federal Trade Commission is wading into a complex gray area regarding endorsements in ads that mention expert sources. For years, the FTC has struggled with TV ads, for instance, that show a man in a lab coat who isn’t a doctor, but the lab coat implies he is. Moreover, there are the ads for various athletic products that are promoted by athletes who are paid to say nice things about the items. One of the elements of this story that concerns wine is whether the FTC has any right to treat different persons differently in regard to endorsements. What comes to mind is whether a score of 90 points for a particular wine is OK to use in an ad if the score was generated by a single magazine reviewer, but that same score generated by a blogger cannot be mentioned because the reviewer got the bottle of wine as a sample, and thus didn’t pay for it. Yet neither did the wine magazine! In its comments, the FTC said, in part, that “whether or not any positive statement the blogger posts would be deemed an ‘endorsement’ within the meaning of the Guides would depend on, among other things, the value of that product, and on whether the blogger routinely receives such requests. If that blogger frequently receives products … because he or she is known to have wide readership within a particular demographic group… the blogger’s statements are likely to be deemed to be ‘endorsements...’ So bloggers can review $5 wines, but not $125 wines? What FTC is doing could end up in court with challenges based on violations of the 1st and 14th amendments to the Constitution. Treating bloggers as unique from other writers comes dangerously close to attempting to certify what is a journalist. Who is to say a blogger is less qualified to make a wine value judgment than is a reviewer who writes for a wine magazine? The following is from my weekly newsletter, published Thursday, Oct. 15:
The Federal Trade Commission is wading into a complex gray area regarding endorsements in ads that mention expert sources.
For years, the FTC has struggled with TV ads, for instance, that show a man in a lab coat who isn’t a doctor, but the lab coat implies he is. Moreover, there are the ads for various athletic products that are promoted by athletes who are paid to say nice things about the items.
One of the elements of this story that concerns wine is whether the FTC has any right to treat different persons differently in regard to endorsements.
What comes to mind is whether a score of 90 points for a particular wine is OK to use in an ad if the score was generated by a single magazine reviewer, but that same score generated by a blogger cannot be mentioned because the reviewer got the bottle of wine as a sample, and thus didn’t pay for it. Yet neither did the wine magazine!
In its comments, the FTC said, in part, that “whether or not any positive statement the blogger posts would be deemed an ‘endorsement’ within the meaning of the Guides would depend on, among other things, the value of that product, and on whether the blogger routinely receives such requests. If that blogger frequently receives products … because he or she is known to have wide readership within a particular demographic group… the blogger’s statements are likely to be deemed to be ‘endorsements…’
So bloggers can review $5 wines, but not $125 wines?
What FTC is doing could end up in court with challenges based on violations of the 1st and 14th amendments to the Constitution.
Treating bloggers as unique from other writers comes dangerously close to attempting to certify what is a journalist. Who is to say a blogger is less qualified to make a wine value judgment than is a reviewer who writes for a wine magazine?

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