Writing a disclaimer for product review blogs

There has been some concern in the world of Parenting blogs regarding the possibility that we may become liable for product reviews.  Apparently the Federal Trade Commission is currently reviewing the issue to determine of bloggers who review products are in violation of good business practices.

I think the main concern is over the “transparency” issue and making sure you are crystal clear regarding your relationship with your sponsors and disclosing to your readers that you were technically compensated for your review because you are in receipt of a free product in exchange for your testimonial.

Only time will tell when the FTC is finished reviewing the issue what will come of it, but in the meantime I became concerned so I decided to write a Terms of Use / Disclaimer page for What’s That Smell?.

I am not an attorney, nor do I play one on TV, so I had to do some web searches and honestly I didn’t find much.  I found a bunch of basic website disclaimer templates but none geared specifically towards blogs and definitely none geared toward product review blogs.  In my search to find a sample template for a blog disclaimer that would allow me to pretty much copy it and modify it to suit my needs, I found one lone candidate worthy of my attention.  Giovanna Di Sauro has written a 2-part series titled “Writing a blog disclaimer” and not only that, has provided permission to reproduce the disclaimer for your own site (edited as necessary).

I have copied Giovanna’s blog terms of use / disclaimer over to What’s That Smell? and made the appropriate modifications to personalize it.  I have also taken the “Blog Content” section and added some language appropriate for product review blogs.

If you would like to utilize Giovanna’s blog disclaimer as the basis for your own, you may visit part 2 of the tutorial here: “Writing a Blog Disclaimer (part 2)“and follow the requirement for copying the information (basically a link back).

If you would like to utilize the modifications I made to the Blog Content section of the disclaimer, I would appreciate a link back to What’s That Smell? but it is not required (you still need to link back to Giovanna’s site).  But remember – I am not an attorney and I provide no guarantees as to the legal validity of the information.  So basically, a disclaimer on the disclaimer – use it at your own risk.  You should  have an attorney review the disclaimer prior to use.

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   I found the Giovanna’s article and template several months ago and attempted to adapt it to my blog. I’d love to see how you accomplished that but can’t find it on here.

   Posted by Dee | August 6, 2009, 10:19 am
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   Thanks. This post saved me hours of research time and effort. This will be a huge help.

   Posted by Evelyn | May 8, 2009, 5:04 pm
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   Thank you so much! This is truly going to help out a lot!

   Posted by michelle | April 27, 2009, 9:41 pm
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   Thanks for this post. I’ve been a bit freaked out by this recent issue.
   FYI, your links to that website where you can copy the disclaimer don’t work!

   Posted by Multi-Tasking Mommy | April 26, 2009, 5:21 pm
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   Extremely helpful! Thank you Kim!

   Posted by Tara | April 23, 2009, 3:20 pm
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   Thanks for doing this darlin’! You are helpful as always…that good Karma has to come back to you in spades!

   Posted by Alyson | April 22, 2009, 9:33 am
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