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Transparency in the New Media

The Daily Record, 2010

4 Pages Posted: 2 Jun 2010  

James B. Astrachan

University of Baltimore - School of Law

Date Written: 2010

Abstract

This short article discusses new electronic media, such as social networking sites, blogs, chat rooms, etc., and their use for endorsing products when a reviewer using this media does not disclose a direct relationship with the product's advertiser, seller or manufacturer. This observation is clarified by the mention of the latest revision of the FTC's "Guides Concerning the Use of Endorsements and Testimonials in Advertising," effective December 1, 2009. The Guides explain to advertisers on how to ensure that endorsements are not false or misleading under the FTC Act. They drill down into what constitutes an endorsement. The Guides generally require that where there is a relationship between advertiser and endorser that is not inherently obvious, it must be disclosed.

Keywords: endorsements, testimonials, advertising, public disclosure, social networking sites, blogs, chat rooms, FTC, Federal Trade Commission, FTC Act, new electronic media

JEL Classification: K29, K39, K49, L82, L84, L86

Suggested Citation

Astrachan, James B., Transparency in the New Media (2010). The Daily Record, 2010. Available at SSRN: https://ssrn.com/abstract=1619506 or http://dx.doi.org/10.2139/ssrn.1619506

James B. Astrachan (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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