Let's talk about the FTC

One of the main reasons this site came to be was because a group of people grew tired of "gurus" being dishonest. You click on a YouTube video expecting to see a make up tutorial or even a product review, but you end up viewing what is basically an advert for some product which the "guru" has been paid to rave about. The FTC stepped up their game last year and released guidelines which require bloggers and YouTube personalities to display a disclosure with their post or video. This disclosure must state whether the person is affiliated or being compensated by a company. It's been brought up recently that "gurus" are still being dishonest by trying to skirt their way around the disclosures. I spent time reading over the FTC's guidelines. I also place a phone call to the FTC today just to get a clear idea of what exactly these "gurus" should be doing and to ensure that I would not be giving out false information.

So, here is what I've learned. We all pretty much know that they are required to place a disclaimer on the initial video they make talking about or using the product. This disclaimer should state whether they have been compensated by the company, given the products for free or are affiliated with the company. If they are displaying affiliate links, it must be made known that they are doing so and will be compensated if you purchase products via the links. Now, here is the part where "gurus" seem to be attempting to skirt their way around the disclusures. If they use a product which required a disclaimer in one video, there must be a disclaimer in ALL future videos where this product is used or talked about.

Example: Jane makes a video raving about a Flancome palette. She places a disclaimer in the information bar of her video stating that she is affiliated with Flancome. A week later, she makes a video tutorial showing you how to do a green frosted look. In this video, she uses the palette which was featured in her previous video. She must again write a disclaimer stating that she is affiliated with Flancome and the same rule will apply for all of the videos she would do in the future using the product from the affiliate company.

If we are aware that this type of thing is going on and are talking about it, I think we should be doing something about it. It is insanely easy to make a report to the FTC. If a "guru" is in violation of the FTC guidelines, they will be fined $11,000. My guess would be that if it was known that even one "guru" actually got fined, then all of the other "gurus" might actually start abiding by the guidelines.

To file a complaint via phone (said to be the easiest way), call 1-877-FTC-HELP (1-877-382-4357) or you can also fill out an
online complaint form at https://www.ftccomplaintassistant.gov

It boils down to this.

1. If the person is getting free products and uses it or reviews it that person must disclose they got the product for free.
   
2. If a person a being paid to promote a product or company they must disclose that they're paid.
   
3. If a person is reviewing a product that he/she paid for out of his/her own pocket they must disclose that.
   
4. Any affiliate link (even Amazon Affiliate links) must be disclosed that the person is compensated for posting that link.

Here are a few link to read up on FTC blog disclosure policies.

http://internet-law.lawyers.com/Truth-in-Blogging-New-FTC-Blog-Disclosure-Rules.html
http://lorelle.wordpress.com/2011/01/10/disclosure-now-required-on-blogs-twitter-and-other-social-media-sites/
http://www.ftc.gov/opa/2009/10/endortest.shtm
http://www.cbsnews.com/8301-504383_162-5372890-504383.html

Basically, anyone who posts videos on Youtube and uses/promotes products MUST disclose rather or not they're paid, given the product(s) or if they bought the item themselves. Many "Gurus" are not doing it which can land them in hot water if people begin to complain.

Do they have to make a WRITTEN disclosure? Does it count if they just verbally say that they were provided the items?

LuluLooselips wrote:

Example: Jane makes a video raving about a Flancome palette. She places a disclaimer in the information bar of her video stating that she is affiliated with Flancome. A week later, she makes a video tutorial showing you how to do a green frosted look.

Oh Lulu..

Do you get to complain to the FTC if you are non-american? I mean if you are the citizen of another country, because the FTC applies only to the gurus that live in America, thus the law engages only them?

Also don't they have to clearly disclose the typical results someone can expect to get from using the products they advertise?

For example if Jane has something in the more info section like "Keeping my skin clear with my Ickspew Pimple Stopper" doesn't Jane also have to tell people what the typical results would be by using the product?

I guess this will be interesting reading for me on the FTC,Melu or Lulu can u tell me if this FTC applies to all channels regardless of country of origin or it really applies on the channel regardless?

I'm reading that up now & that is interesting indeed.

Yekka wrote:Do you get to complain to the FTC if you are non-american? I mean if you are the citizen of another country, because the FTC applies only to the gurus that live in America, thus the law engages only them?

Blazikenblade wrote:I guess this will be interesting reading for me on the FTC,Melu or Lulu can u tell me if this FTC applies to all channels regardless of country of origin or it really applies on the channel regardless?

I'm reading that up now & that is interesting indeed.

FTC policies (which are laws) applies to those blogging within the US to US consumers. The UK also has a blog disclosure law but off hand I do not know what it is. HOWEVER, if the blogger went overseas to work, ala Michelle with Lancome and her recent push of Lancome's product, the US law STILL applies.

HOWEVER, because the vast majority of gurus are using Youtube which is based in the US and owned by Google then it's possible that US law may apply and the "guru", regardless of where they're located at, must abide by the FTC policies. I don't know if Google and Youtube has an international disclaimer or their own policies regarding international users and the FTC policies.

Don't you just hate when a YT "guru" does a top 5 or top 10 faves vid but conveniently places items that were sent free to them within the vid?? Its like suddenly that freebie becomes their fave item!? Good way to name drop without making it obvious eh? Yep I do find it annoying when a make up tutorial is done using freebies and when they do a give-away in which the prizes are also freebies!

I've always been a little unclear about FTC in regards to tutorials. Do they still have to make a disclaimer about it? For example our lovely Jane, whenever she does make a video does she still have to mention whether she got the products for free or ???

Ellon wrote:I've always been a little unclear about FTC in regards to tutorials. Do they still have to make a disclaimer about it? For example our lovely Jane, whenever she does make a video does she still have to mention whether she got the products for free or ???

If it's not mentioned directly in the video itself then in the description would be fine. The BEST thing a vblogger or blogger can do with the FTC is use a standard disclaimer and in their video description put something like, "FTC Disclosure: Products were obtained [for free/I paid for]. I'm [not] compensated for this video. Full disclosure can be found [link]." Then at their website or blog have a full disclaimer policy. Most blog layouts you can add a footer so it automatically add the full disclosure at the end of blog page. If a person is good at XML/HTML/PHP editing you can even add a piece of code with a disclosure link to auto add with each post that leads a person to a disclosure page. Wish I still blogged because I could show you guys what I mean.

for the people who've been debating whether or not to actually report people like Jane , i've done it a few times and its really easy and only takes a minute or two. i've done it through the website with my real contact information and there has never been a follow-up. no e-mail, no phone call, and no letters. i doubt they would even need a follow-up since they ask you for the details anyways.

To make it easier on them, I wrote their offence, like: Jane is sponsored by Flancome and talked about how they receive all these free products yet there is no FTC disclaimer. or Jane wrote an incomplete FTC disclaimer because she's announced before how all she has to do is e-mail the PR people of certain companies and they overnight her free products and Maybelline, MUFE, L'oreal, and etc were the brands she mentioned. OR that Jane wrote an incomplete FTC disclaimer because she only mentioned she is an affiliate of Flancome but doesn't explain if her sponsorship stops at receiving free products or the fact that she is also getting paid to do a Flancome video in the first place. and then I provided the link to all of Jane's videos. that way, they'll probably be able to address the issue faster.

it really only takes a minute!

TiffanyD continually does this with sigma. She mentions the brand name and shows a brush in every single video of hers but she tries to make it look like she is simply just showing what brush she is using. And in every single video she has a link to the site that is going through a special link. I am going to call tomorrow and report her tomorrow. Thanks for the number and information!

* wrote:"She must again write a disclaimer stating that she is affiliated with Flancome and the same rule will apply for all of the videos she would do in the future using the product from the affiliate company."


Seemed pretty clear to me.

Why ... -gasp- I didn't notice.

Not. However it's not your fault it was mines.

I was a little unclear on my wording of my question. What I meant was what if she wasn't affiliated or etc but just a general "guru" must she still include them? Anyhow thanks towards the others for clarifying it.

Everyone I'm subscribed to follows the rules, thankfully!

But LOL, Flancome? Haha! good one!

Lazy MP didn't even bother to update the product list in her Bumble Bee video. That was uploaded on 1st, Oct 2010.. Why isn't this video flagged yet?

I'm going to come back to re-update the list of products. I'm heading out to a gaming competition at the Staple Center! It's gonna be sick! Be back in a jiffy!

iQQU's new Stippling Brush, only $12.00!

iQQU Red Kabuki

I think youtube should be reported to the FTC for not enforcing disclosure laws and for granting false guru status to anyone who signs up on their site. It might be okay to be say you're a guru, but if you are trying to advise people on products, skin products, cosmetics and other stuff people actually put on their skin then it gets more serious...how come you don't have to have a makeup license or some kind of proof you are a guru/expert? how come someone like michelle phan can create a skincare line with 0 knowledge?

Also youtube needs to be fined because they are violating FTC rules by allowing people with channels to pretend to be beauty gurus (and to do tutorials with sponsored products), when they're real job is getting paid to advertise products that they are sent free from companies. these companies are looking for cheap ads on the internet. I am surprised youtube is allowed to do this! and not monitored by the FTC.

^^ oops their real job is a paid advertiser on youtube..typo.

thecurrentcuntsome wrote:TiffanyD continually does this with sigma. She mentions the brand name and shows a brush in every single video of hers but she tries to make it look like she is simply just showing what brush she is using. And in every single video she has a link to the site that is going through a special link. I am going to call tomorrow and report her tomorrow. Thanks for the number and information!

to you! She was THE FIRST PERSON I thought of when I read the affliate link rule.

This thread is AMAZING. Let's get to work on reporting these fools, girls! Then maybe they'll start realize that the subbies they are lying to are the ones that got them these deals in the first place.

Ooooooh gosh. This is gonna get meeeessy0_0 I thought though, that say you report them, and they change the information in the bottom bar, then don't you get fined for falsely accusing someone? Can't wait to see where this all goes though!!

Jennzifur2go wrote:Ooooooh gosh. This is gonna get meeeessy0_0 I thought though, that say you report them, and they change the information in the bottom bar, then don't you get fined for falsely accusing someone? Can't wait to see where this all goes though!!

U cannot be accused of falsifying info with screencaps, if they get in trouble they get in trouble regardless. I wonder if youtube has an archive for all updating information. If so thats another proof right there too. LOL but its always gonna be updating of each video remember not just one too & falsely claiming not being sponsored by say a company & say in the info section that the person isnt = they are in trouble. Simple enough & fair too.

Oh ok! Well I can't wait to see if anyone here is gonna do anything about the FTC! I wonder who's gonna get fined first...

YUCK! wrote:Lazy MP didn't even bother to update the product list in her Bumble Bee video. That was uploaded on 1st, Oct 2010.. Why isn't this video flagged yet?

I'm going to come back to re-update the list of products. I'm heading out to a gaming competition at the Staple Center! It's gonna be sick! Be back in a jiffy!

iQQU's new Stippling Brush, only $12.00!

iQQU Red Kabuki

Well She took the time to advertise and list her own products...

So has anyone already filed a complaint on a "guru" yet????