Lasky provided a quick overview of the recently enacted Federal Trade Commission guidelines on testimonials and endorsements. The harsh reality is that marketers (including their agencies) can now be held liable for a blogger’s unsubstantiated or misleading claims. A blogger can be defined as anyone posting information on a social media channel. Geoghegan noted that brands considering their social media strategies should factor in both the marketing opportunity and their responsibility to community. While this is particularly true for a consumer healthcare company, I think all businesses can benefit by thinking in those terms.

Lasky offered tips to the audience to avoid a run-in with the law. Here’s my condensed version:

1. Encourage bloggers to disclose any material connections (including the acceptance of free products!).
2. Monitor blogs to ensure statements about your products/services aren’t misleading.
3. If you’re posting about your own company (or your client’s), be transparent about your connection.
4. “Street team” members and celebrity endorsers should also make their relationship to the marketer clear.
5. Develop written policies and procedures for employees who participate in social media.
6. Add the subject of disclosure to your media training process.
7. Ask yourself if your social media practices are likely to deceive the average consumer.
8. Seek legal counsel on new initiatives (can’t blame the guy for including a plug!).