Wine Post: Wine & Spirits Blog: Mommy Bloggers in Danger of being Sued for Their Opinion; Are Wine Bloggers Next?

Monday, April 13, 2009

Mommy Bloggers in Danger of being Sued for Their Opinion; Are Wine Bloggers Next?

A story by Emily Friedman, a reporter for ABC News (found here) covered the possibility of the Federal Trade Commission suing bloggers for their opinions.

Mommy bloggers make up a huge portion of the blogosphere and are a very influential target for companies looking to have their products endorsed. Many companies send their products to these bloggers for review (sound familiar??) in hopes that other mommy bloggers will read the review and go purchase their product, starting a chain reaction in the blogosphere of consumers purchasing and reviewing the product.

This is extremely similar to what many wineries are doing right now with wine bloggers. My personal opinion is that wine bloggers are the most passionate group of wine drinkers in the U.S. and as such purchase a great deal of wine. As a wine blogger I read as many blogs by other wine bloggers as I can. I see all of the reviews and if one is particularly enthusiastic about the wine and I see it on the shelf I am much more likely to purchase it. That is one of the reasons I picked up the bottle of the Hahn Estates Meritage and then wrote about it.

The idea that the government might come after me for reviewing a product is very scary, although I think it very improbable. There are currently hundreds of wine blogs (as I am sure there are nearing thousands of mommy blogs). To come after each blog because of what they said would be a very hefty chore.
Read the article and comment below. I would be very interested on what the rest of the wine bloggers think.

Comments (6)

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Sonadora · 833 weeks ago

To be honest, this doesn't really even make sense. Is the premise about truth in advertising? Otherwise I can't see how the FTC would have a finger in this battle. They'd first have to make the case that bloggers are advertising...I don't get paid for reviews nor do I have any personal interest in the success or failure of any brand. I fail to see how I would fall in the purview of the FTC. I believe, from the jist of that article, what they are looking at are blogs that are simply paid advertisements...pay per post to advertise the product. Or are simply a smoke screen for paid reviews of a product. I don't get paid for anything on my blog. I don't even accept side-bar advertising. In fact, I have a net outlay for operating the blog given the cost of the wine I buy, the cost of hosting the site, traveling to vineyards, etc. But regardless, my blog is not a business, as it seems some of the mommy bloggers in the article are. If they went after this, they'd have to go after trip advisor and all such sites that allow consumers to share their opinions/experiences.

1 reply · active 833 weeks ago

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RobBralow 61p · 833 weeks ago

I agree that this is ridiculous, but just to play devil's advocate, you do accept samples, right? I would bet that 90% of mommy bloggers are just like wine bloggers, they simply talk about whatever is on their mind and whatever product they are using to help them in the mommy lives. I think that the article is in response to samples more than pay for play.

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Sonadora · 833 weeks ago

Here's the sentence from the FTC I'm looking at: "But the concern is about those instances when [testimonials] are delivered and it's not made obvious that it's an advertisement for a company." Next: "It would only affect bloggers who are paid to write reviews..." It goes on to talk about a sticky issue of free samples, but offers absolutely no word on what they are even looking to there. Seems inflammatory to me at this point, and I'd be much more concerned if you are being paid to post reviews. If it comes to the point where reviewing a sample becomes a problem, I'll personally just stop. I had the blog for a good 8 months before I ever got a sample, so it doesn't matter to me on way or the other! For now, I'll keep up my standard disclaimer if I am reviewing a sample.

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Carly · 833 weeks ago

I think one of the key distinctions made in the article was between testimonials and advertising. Blogs that are simply testimonials could not be prosecuted. The gray area is the area that said: "If a blogger reviews items in return for payment or free products, they may be held liable because the bloggers, unbeknown to their audiences, could be seen as shills for the companies." My guess is that samples for review would not count as "free products," but free products might entail a quantity that goes beyond what is necessary for the testimonial. However, that is a gray area that would need to be worked out in the wording of the legislation or policy.

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The Wine Brat · 833 weeks ago

What is the difference between me saying to someone in email "this wine sucks" and writing it on my PERSONAL blog? As I'm not paid, I don't see how they can possible win a case like that.