Wed 7 Oct 2009
FTC, Can U C Me?
Posted by Fredric Koeppel under Ethics in Reporting & Reviewing , Government regulations , What Were They Thinking , Wine blogs[16] Comments
There are two problems with the new guidelines issued this week by the Federal Trade Commission that stipulate that bloggers and other new media writers disclose the sources of the products they review, i.e. if they were free samples. And no, that particular rule isn’t one of the problems. Many wine bloggers already post disclaimers so that readers know that wines being reviewed were sent from wineries or importers or their representatives in hopes of a mention of some kind, preferably positive. And many wine bloggers make it clear that wineries from which they receive samples should have no expectation as to whether a review will be positive or negative or even if the wine will be reviewed at all; that’s exactly as it should be.
No, the first problem, as Tom Wark pointed out eloquently on his blog Fermentation yesterday, is that the FTC’s new disclosure rules do not apply to “traditional” print media because they, presumably, exercise more editorial control over their material and coverage than the rank amateurs of the blogosphere. So publications like Wine Spectator, Wine Enthusiast and Wine & Spirits, which receive untold thousands of bottles of wine free every year, do not need to disclose that fact to their readers, while a first-time wine blogger, who might feel grateful for a few review samples, must do so. This is a situation for which the phrase “The Double Standard Stinks” was invented.
The second problem is that the drafters of the new FTC guidelines don’t seem to know a hawk from a handsaw when it comes to the difference between a review and an endorsement. The report expresses the principle this way:
“For example, a blogger could receive merchandise from a marketer with a request to review it, but with no compensation paid other than the value of the product itself. In this situation, 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 from manufacturers because he or she is known to have wide readership within a particular demographic group that is the manufacturers’ target market, the blogger’s statements are likely to be deemed to be ‘endorsements,’ as are postings by participants in network marketing programs.”
Obviously the FTC equates positive reviews with “endorsements,” as if bloggers were celebrity basketball players on billboards being paid hundreds of thousands or millions of dollars to put the force of their internationally known, outsize personalities at the service of athletic shoes and energy drinks. (If only, right?)
A review or critique of anything — book, musical recording, an art exhibition or theatrical performance, a product such as an automobile or a dishwasher, or a bottle of wine — is (or should be) an assessment and evaluation based on knowledge, experience and judgment. For the reader, the benefit lies in the information and analysis upon which to base a decision, to go see that play, to read that book, to purchase that bottle of wine. This result is not the same as an endorsement, in which a celebrity is paid to mouth words conceived by a copy-writer from a marketing or public relations firm. A review is not an advertisement or press release for the object or performance or entity in question.
Yet, annoyingly, the new FTC guidelines refer, again and again, to reviews on blogs as endorsements and to companies that supply products to bloggers for review as advertisers. The case seems devastatingly clear: If I were sent a review copy of a book by a publisher and wrote a review that was published in a print journal or newspaper, the FTC would regard it as a review; if I wrote that review, however, and placed it on my blog, it would be regarded by the FTC as an endorsement for the book, going on the supposition that my blog lacks traditional “editorial responsibility.” And notice, in the quotation from the guidelines above, that the bigger the audience for the blog, the more likely that a review will be considered an endorsement. This is the sort of obtuse reasoning from which Circles of Hell are fashioned.
It’s possible that these guidelines — only a small portion of the 81-page document that focuses primarily on television and magazine advertising — were deemed necessary by the FTC because of the bloggers who review a variety of mainly household products only in a positive manner. Well-known examples of these are the “mommy bloggers” Katja Presnal at skimbacolifestyle.com and Christine Young of FromDatestoDiapers.com. As Tim Arango wrote yesterday in The New York Times about Christine Young, “If she doesn’t like a product, she simply won’t write about it.”
Now I’m not telling my Fellow Wine-Bloggers to pick out a bottle of wine and kick it in the teeth just for fun, but I will say that giving only positive reviews does not build credibility or a reputation for objectivity. In fact, writing only positive reviews creates the impression that all you’re doing is, yes, endorsing products without engaging a balancing critical sensibility. And providing negative or even not wholly positive reviews is a boon for your readers; doesn’t it make as much sense to warn them away from mediocrity as to extol what is superior?
The FTC guidelines for bloggers take effect on Dec. 1, though the enterprise is fraught with ambiguity. If I write a post in which I review 12 wines, must I include a disclaimer for each wine or a blanket disclaimer for the post? Or is it all right to include a permanent disclaimer for the blog that covers all posts and all wines? The FTC hasn’t made that clear. What is clear is that in the next few months the sort of confusion and consternation that leads to lawsuits will reign.
October 7th, 2009 at 7:51 pm
Bravo for the most well written thoughts on the subject!
October 7th, 2009 at 8:03 pm
Excellent post, good sir. This whole situation is really ridiculous, and I always like to point out the parallels with movie reviews. There have been recent scandals with nonexistent writers featured on movie posters: “Four thumbs up!” –Mike Pseudonym, Erehwon Herald Tribune. But the government hasn’t stepped in to force movie reviewers on IMDB and Rottentomatoes.com to disclose how they watched the movie.
Further confusing matters is the possibility that wine might not even be covered by the new rules, since it’s perishable after opening and not re-sellable. So the $90 bottle of wine might be fine, but the $1 corkscrew demonstrates a dangerous threat to free commerce and the 1st Amendment. Quoth Charlie Brown, “ARRGHGHGHHGHGHGHGHH!”
October 8th, 2009 at 6:54 am
Thank you for a great post with some valid points.
However I would point out one more problem:
bloggers who do not do their research and don’t know much about journalism and check their facts.
My blog Skimbaco Lifestyle is not about household products, and most of the products I write about I do not receive a free sample, but I purchase them with my own money. Or in this economy – I would purchase if I had money. In the occasions I am given an opportunity to review a product I tell my honest opinion, but if I am given a product that I don’t like, I am not going to waste my time to even write about it. My blog is not a review blog, my blog is about inspiring people to enjoy life, and bashing products does not fit that brand.
However, if I am entering into a relationship with a company and promising them a product review, I will write my honest opinion. One of the most expensive products I have ever asked to review was a Ford Fusion Hybrid, and I wrote both, my positive and the negative opinions of the car, and specifically pointed out that the car was not a fit for my lifestyle. Because even though I am not a journalist, I just think being honest is the right thing to do.
October 8th, 2009 at 7:17 am
Easily the most eloquent take on the subject yet. Bravo!
October 8th, 2009 at 7:23 am
I think wine bloggers are blowing the whole FTC thing out of proportion.
I’m going to spend the next week doing what some of us should have done before pouting off and investigate exactly what is going on and why this came about. I have a feeling it will not be what the many wine bloggers are making it out to be.
This seems like one of those times when the viral nature of the Internet is leading the story.
October 8th, 2009 at 7:24 am
I apologize, I did read more about the writer of this blog post and you seem to have journalism background. I wonder why for this very well written post you decided not to do your full research.
October 8th, 2009 at 12:47 pm
Katja, first, thank you for the kind comments about this post; obviously the issues are controversial and of great importance for all sorts of bloggers. And yes, I was a full-time journalist at a major metropolitan newspaper for almost 23 years, and I still consider myself a journalist though I was laid-off in March. Second, forgive me for mischaracterizing your blog; perhaps instead of “household products,” I should have said “family-oriented” products, which could be anything from clothes to back-to-school items to a Ford Fusion Hybrid, which must have been a heady experience, akin, in my category, to being invited to a tasting of 50 vintages of Domaine de la Romanee-Conti.
I am curious though as to why, in your first response, you brought up the issue of “free samples” since, in the paragraph in my post about your and Christine Young’s blogs, I don’t mention that aspect. My concern in that paragraph was with positive reviews. I admit that I didn’t get as far into your posts to see your comments on the Ford Fusion Hybrid, but in what I did read, your reactions and descriptions seemed completely positive. I don’t even have a problem with that approach; it just depends on what kind of blog one wants to write and its purpose.
The world of web-based opinion and commentary is a brave and scary new world indeed, and all manner of attitudes are being changed and all manner of issues must be sorted out. I am old-fashioned enough that blurring the line between editorial and advertising, though it is commonplace in print journalism today, still remains anathema to me. When you (Katja) write, on Sept. 28, “The big question in the Type-A Mom Conference seemed to be — how will we make this all to work; bloggers and marketers working together,” I get a chill. As far as I am concerned marketers and bloggers or writers or reviewers are not supposed to work together. Marketers exist to provide information; “working together” with a marketer represents, to me, an unacceptable form of compromise. Again, though, that’s the attitude of a newspaperman that is, perhaps, not reflected by the reality of the Internet.
Thanks, Katja, for responding. Whatever the case, one envies the scope and reach and the wide recognition of your brand.
October 8th, 2009 at 5:33 pm
Nicely done Frederic. Maybe this will turn into a huge ordeal with the FTC, and maybe it won’t. We will have to ride it out.
Remember to get involved. The world is run by people that show up.
I also agree that everything you try should be reviewed in an honest fashion. Don’t be a yes man. I respectfully disagree with Katja. If you trying a product, and your take on it is negative, you owe readers a review.
If an item is received or purchased and you disliked it, please tell your readers why you felt that way. You can at least aid another in avoiding the same mistake.
No matter if you write a positive or negative review, you cannot please everyone. It is their opinion of your opinion. That’s the beautiful thing about communication, expressing yourself.
Am I new to blogging? Absolutely. Why did I do it? Because I see a large proportion of writers who are analytical in their process. I am a processor as well, however, I write from emotion and experience rather than the total analytical stance. Each person has their individual style that makes them who they are.
October 8th, 2009 at 6:03 pm
Roger,
If emotion were the benchmark of issuing product reviews, I’d probably vote for the abolition of product reviews.
In my view, there are too many people reviewing wine already. The last thing we need is an emotional review of the product.
Opinions are only as good as the base from which they stem. If a reviewer knows only how he or she feels about wine and not much about what it is, what constitutes the product, what makes it either drinkable or salad dressing, the reviewer has no business telling other people what he or she thinks has or hasn’t merit.
Reviews by there nature are not supposed to be emotional–they are supposed to be issued by learned people, who have experience in their field of endeavor.
October 8th, 2009 at 6:05 pm
oops, it should read, “by their nature…”
October 8th, 2009 at 8:48 pm
Hmm, maybe I should have written that a little clearer.
If someone does have an education in wine, viticulture, or enology that is fantastic. When they write about it are they going to sound like a lecture from the physics professor, or are you going to take everything they know and spin a tale into something people will latch on to with great interest and desire. There are all kinds out there. Each has the right to be heard.
There are many writers out there who I don’t agree with or appreciate. That does not give me, a single entity, the right to abolish them. If they are not liked they are not followed. Easy enough.
So, when then does the time come for someone to be learned enough from purchasing your book “The Complete Idiots Guide to Starting and Running a Winery” to give a review of their own wine?
October 9th, 2009 at 5:10 pm
Roger,
You become learned enough when you study a subject, make mistakes and learn from your mistakes. With wine, a person needs to develop sensory talents, maybe even work in the industry a little. In my view, drinking and appreciating wine is only a start.
You can always give a review of your own wine, which of course assumes that if you made it you probably did some studying about winemaking. If not, well…
I drive a car–have been driving a car for quite a few decades, but I never studied car manufacturing, car distribution, car quality, car design and performance, and so on. I don’t know enough to tell anyone which car is better than which or which car to buy–and so I don’t tell anyone that.
October 11th, 2009 at 1:19 am
Thomas,
Excellent analogy. You are absolutely correct in stating appreciating is only the start and you cannot give accurate reviews until you are learned. That I agree. Like a mentor of mine told me – “If all writing was strictly analytical, the world would lack heart and soul. If all writing was strictly emotional, the world would lack body.”
I am interested in writers that can harness that knowledge and deliver it with the ability to draw others in because of (1) knowledge, and (2) not sounding like a physics professor.
Now back to that FTC comment. I’m not so sure it will be a big deal. It’s not like they are asking for a document classified secret, even though I have an active Top Secret/SCI clearance. Investigate, then it’s wait and see for all involved.
October 11th, 2009 at 10:31 am
Roger,
I spent the whole afternoon yesterday looking into the FTC thing. I believe that my original sense of the wine blogging world’s response is correct.
Will blog about what I found soon on: vinofictions.blogspot.com
April 25th, 2010 at 11:34 am
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