Comment by JuettnerDistrib
2 months ago
How would this work for a personal blog? Would I need to be careful not to endorse or even talk about companies and products? And if I didn't have to, wouldn't that open the door for advertising masquerading as news or opinion? Genuinely interested in this.
Were you paid to talk about the product? If not, then it’s constitutionally protected speech. If there is any kind of payment, it’s advertising. If it’s advertising, follow the law.
What constitutes as payment?
If a company sends you a free sample in exchange for writing a review, and you get to keep it regardless of your conclusion, is that a payment? If so, that shuts down a way for consumers to get reviews of products before purchasing, but if not, the company might find various non-payment ways to influence what the reviewer writes.
Yes, free schwag is a form of payment. I say no inducements, no discounting, fair market rules only.