IAB Takes Up Arms Against the FTC’s Latest Endorsement Regulation Campaign
If the Federal Trade Commission had the intention to spark off a wave of sometimes worried, sometimes angry and often indignant blog posts and forum chatter with their “Final Guides Concerning the Use of Endorsements and Testimonials in Advertising”, they’ve certainly succeeded.
About a week ago, ReveNews contributor Andrew M. Baer, Esq, wrote “FTC Regulates Blogger, Viral Marketing Relationships: Analysis and compliance tips” stating why he’s not concerned about the FTC intentions.
The guides which come into force on 1st December, are aimed at addressing endorsements by consumers, experts, organizations, and celebrities, with the intention of holding bloggers or other “word of mouth” marketers accountable, with the enforcement mechanism of a possible $11,000 fine.
As short-sighted and ambiguous as some bloggers have painted the guides to be, many bloggers’ objections have been equal in the fear, uncertainty, and doubt camp as they accuse their detractors. Many blogs painting worst-case scenarios and posting what-if scenarios with $11,000 fines for receiving cheap paperbacks as a freebie in the mail, writing a positive review and linking it to an Amazon affiliate link.
The Interactive Advertising Bureau (IAB), which comprises more than 375 leading media and technology companies is responsible for selling 86% of online advertising in the United States and includes organizations like:
* AOL Advertising
* AT&T Internet Services
* BBC Worldwide
* Google Inc
* Microsoft Advertising
* Yahoo! Inc
* Sony Computer Entertainment America, Inc
* Harvard Business Review
* CNN.com
* FOX Interactive Media
* Nokia Inc
and other technology/internet/news heavyweights in its membership roster. IAB has come out swinging off the ropes with IAB CEO Randall Rothenberg firing off an open letter to FTC chairman, Jon Leibowitz, published on the IAB website and the Huffington Post, expressing his disagreement with the guides on the basis that they are unconstitutional and should be retracted.
In case you’re wondering if the IAB is shooting from the hip, take note that the organization has attempted to start a dialogue with the FTC since March this year, with correspondence detailing(pdf) feedback on the proposed guides. The attempt to have the industry self-regulate appears to have failed, given that the FTC has expressed its intention to keep an eye and active hand in the industry.
In a FTC arranged media call on 14th October to address reporter’s inquiries on the guides, FTC’s Bureau Consumer Protection’s Associate Director for Advertising Practices, Mary Engle, Related Posts:
