The FTC has some interesting information available if you have not seen this you really need to watch this video.

When can we expect the existing laws for fast food franchises to be enforced at all?

My fellow advertisers, and webmasters, let me say that the time for truth in advertising is about to show up and for some in a really ugly way.

Yes, for years, we have had to endure the pictures of 2 foot hamburgers, (literally) that is just how big they are, and they are made from silicone, and other very unnatural ingredients. The days of showing hamburgers that look good to eat but are really not eatable as all are about to come to a screeching halt.

As you may be aware the FTC recently outlines its revisions, concerning guides to advertising, for the most part concerning endorsement and testimony, but there were a few other areas that seem to have received some attention.

The main thing is that it appears that at long last, since having these rules, laws, or what ever you want to call them that perhaps finally we the consumers, will actually see some of these companies that have been breaking, bending, folding and mutilating, these rules for so many years, actually have to stop deceptive advertising practices, perhaps an unintended consequence to some revisions in the FTC guides.

Would it not be ever so cool if they actually enforced the laws that we have now?

It is amazing how years and years ago they passed, these laws, yet, it just seems to go un enforced.

How much is enough and how much is too much…

The FTC would like to impose additional guides for online advertisers, which could lead to an equal protection challenge, is this the real direction that Washington wants to go?

I would hope to see equal protection for all consumers, both online and offline deceptive, advertisements on TV can be seen that promote subliminal methods of advertising, however it appears that enforcement may be an issue if disclosure is not required for all advertisers, not just internet advertisers, clear and conspicuous disclosure must apply to all advertisers, equally, including enforcement of the same standards.

I would hope that before such measures are taken to protect consumers online that there could be some measure of protection afforded the millions and millions of television viewers every day on cable TV, including loud and offensive commercials, that make use of excessive loudness and depict impossibly large food items, graphics and pictures, of pizza that are over 24 inches in diameter, yet, when the consumer goes to purchase the product, the actual product is often less than 12 inches with substantially less product and toppings.

Is this not deceptive advertising?

Another example is the 24 inch hamburger, that is shown in many fast food television commercials. Consumers may understand at some level that they are not going to actually get what they are seeing on that large screen, however, is it not deceptive to show such large depictions of food?

What about the psychological considerations of showing overly large food items on video commercials, in broadcast television?

The human Subconscious, is highly susceptible to conditioning, in video advertising, will the FTC begin to require clear and conspicuous disclosure for all forms of advertising,with such a large percentage of Americans now falling into the obese category, do we not have the duty to protect all consumers from messages that these types of commercials send to the consuming public?

I would like to understand the concern that is being directed at online advertisers and yet have no such precautions for protecting consumers that are exposed to deceptive video advertising, that use highly technical and sophisticated subliminal advertising methods, frame rates in excess of 120 frames per second often with highly suggestive use of graphics in video content, these things should be the concern of a highly motivated organization such as the FTC.

I would be in favor for such additional measures to protect consumers, if all broadcast media were also subject to the same disclosure requirements as what is currently being proposed for online advertising content, does it not make more sense to provide a safe experience for all consumers?

Clear and conspicuous, disclosures for Television Advertising must also apply to broadcast and be enforced not just applied to online advertisers.

It appears that what is proposed for online users is not being proposed for traditional media advertising, this is a real concern and should be examined as to why such provisions are not being equally examined.

These questions should be carefully considered and answered before we even consider the idea of proposing such disclosure and legal requirements for online advertisers.

Should we not apply the same protection for all consumers? Can we apply one set of guides for the internet yet ignore clearly deceptive advertising for broadcast advertisers, the same level of enforcement must be applied to both online

My question and concern, is will such disclosures be required of all commercial producers, Radio, Television, Cable, Internet.

If no such disclosure notices are proposed for broadcast advertisers, then this is something that is a serious issue and concern.

How can we not protect all consumers with the same passion and the same level of protection as the FTC guides propose for online consumers?

Should we not extend equal protection of all consumers? To apply, an unequal burden for online advertisers without providing equal enforcement for all advertisers. This is a question that we must answer before we consider these additional disclosure guides.

So what is the real story here and is there reason to be afraid?

Is it legal for this current administration to delve into constitutional issues like this, to make up these guides as they go along? What rights do they have to police the internet, and if they do have those rights, how about going after some of the real criminals on the internet, believe me there are plenty of them around.

There may be some real concern, however for the most part, this is just a bunch of hooey…

Recently you may have seen or heard many people stating that your website would be removed and that you might go to jail if you don’t comply with the FTC ruling, in fact there are several products out there, (yes, there are people trying to cash in on this) just like most marketing situations, it is from a lack of understanding.

The first thing you should understand is that this is a guide concerning the use of endorsements and testimonials in advertising.

Naturally it sounds scary but in reality, it hardly ever would effect one of us, perhaps the vaunted perez hilton, but nah probably not, as he just thinks he is a celebrity.

Just kidding, if you are endorsing, a product or service, like in this example, I love this great tasting coffee, you should buy some too, now that would be an endorsement, however, just having a link with a steaming cup of hot coffee next to it is not an endorsement.

Unless you say something like this, I really like this great tasting coffee, you should buy some now, right now, your eyes are getting sleepy, (just kidding) but you get the idea.

As I have heard from a number of people it is better to be safe than sorry, ok sure, I understand, that feeling, in which case a small disclosure at the bottom of your blog or website might be good, but always if you are in doubt, check on it to make sure.

Never take the word of someone say endorsing a product that they are telling you the truth, because they may not be, it sort of fosters a lack of trust.

To be completely honest, I sincerely doubt that the FTC has time to police every single blogger out there if they did they would never have time to find the bernie madoff’s of the world…

Ok, another joke, sorry, but really and truly here is the actual and factual statement made by the FTC.

“The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.”
source www.ftc.gov
Want to know why the preceding statement is so important, naturally because the FTC has no formal power to create law, that is for the legislative branch to do and to abide by the will of the people.
Begin disclaimer.
Just so you know, the FTC can cause you a lot of problems, but unless you are making say 200 thousand bucks a day or so blogging, (hey not even perez is doing that) LOL then chances are you have nothing to fear, but remember this is not advice and you should always consult with a professional in all situations where you are not clear about the law and the needs of the law.
End disclaimer.
It is a sad time in this country when we have an agency that is more concerned with the poor bloggers of the world than they are with the hucksters, like bernie madoff, when that kind of thing can go on and on and on, and no one ever figures it out, then people they have got a lot worse problems then us little bloggers, don’t ya think?
This blogger may or may not receive some form of flattery from the preceeding statements, which may or may not be an opinion, only and so therefore and thus, we may or may not need to put this notice below.
COMMERCIAL ENDORSEMENT DISCLAIMER
Disclaimer of Endorsement: Reference herein to any trademark, proprietary product, or company name is intended for explicit description only and does not constitute or imply endorsement or recommendation

Everyone wants that free lunch, you know where you get something for nothing.
The sad thing is that it does not exist, there is no free lunch,

Stop looking for the Free Lunch

Why do so many people keep chasing the dream.

I know everyone wants the free lunch and why not, it is a concept that is not new in fact it has its roots, as far back as the 1850s Wild West Saloon’s as an advertisement to bring in more drinking customers, many saloons offered free lunch as long as you purchased and consumed alcohol at the bar.

Naturally this was not looked on favorably by the temperance society, an organization formed to reduce the use and consumption of alcoholic beverages, it was widely accepted that the cost of the lunch was actually being paid for in the cost of the drinks that the customers were required to purchase.

Hence the term, there is not such thing as a free lunch.

Advertising is something that has been going on for a long time and the different types of advertising are not likely to change anytime soon, however, due to many of the regulations and rules that effect how people advertise, that may soon be changing.

See our posting on guides published by the FTC

There will always be people who are looking for a short cut, a quick path to get what they want.

When the truth is often right in front of them, yet they do not see because it seems out of reach from the current perspective they have.

Life is full of changes, every day is different, yet many people have a difficult time visualizing how something as simple as perspective can change in as little as 24 hours.

It is because of this tendency to jump from one thing to another, that many people find they have a hard time succeeding online.

When if they would just put a little more effort into what they are doing the perspective would change.

People spend a lot of time running around on the internet looking for that really great thing, that really unbelievable opportunity that just seems too good to be true, they are out there by the millions looking for a free lunch.

There is no free lunch, and deep in their hearts they know it, yet that does not stop them from jumping from internet promise of wealth and riches, to the next great thing to come along, in reality nothing is different, some programs may offer a little different spin on an old thing or some polish on an advertising program, but in the end you are the one paying for the advertising.

Sometimes you have to sort of take a step back and look at the big picture, it is not easy to do for some people can not easily or willingly change the perspective they have in life.

So many people are effected by this and still many do not believe that the car company has done all it could do…

Could you be allegedly driving a death trap, every time you get behind the wheel of your car could it be your last time?

Toyota will we know the truth or will they continue to allegedly hide the truth.

What can you do if you suspect you have a vehicle with pedal problems, first you can contact.

There are some official places you can go and you can file complaints with the FTC and the national safety
transportation board for starters, but really will that keep you safe…
________________________________________________________________________

Is there a third recall for linkage problems that toyota has yet to acknowledge?

Could people be injured and or die if this is the truth.

Toyota, alleged dealers hide the truth from owners?  Why would a dealer not say a single word about a recall when the owner comes in for service?   What is wrong with this picture, we came in for service and the dealer says not a word that there could be a problem where I might Die?

In what kind of stupid world does someone live in that does this type of thing?

If that does not make you angry, consider this, they really think that spending a few million bucks on a Public Relations or public image campaign will help gain back their trust.  Your kidding right, man that is shallow, they had a movie a while back called shallow Hal, that is sort of the way I feel about toyota, words like allegedly defiled, raped, lied to, and then expected to forgive and forget after being offered a free car wash?   Man I thought toyota was smarter than that, are they not?

—————————————————————————————————-

Could Toyota be hiding yet another recall?   Could they be hiding the truth about what the cause of the problem actually is?

This is not legal advise…..

For one thing, the idea that the floor mat is the cause of an engineering  over sight, is well sort of like advocating a screen door on a submarine…

Sounds sort of ignorant right, yet Toyota will spend millions on Public Relations firms, and commercials, typical alleged, guilty behavior.

So what is really going on allegedly…

There are a lot of possibilities, however one thing for sure there is a problem and we have seen it first hand…

Well apparently, the preverbal stuff has hit the fan and allegedly toyota is not fessing up to all the problems that are occurring.
Are we  Say safe in our own cars?

Some say yes, other say no…

I can tell you that if your experience was anything like my experience with toyota then you are in for a rough ride.

On a number of occasions, we visited our toyota dealership, for our regular maintenance, where they cheerfully charged us full price to change the oil and do other unknown things, usually for over 100 usd, the last one was 189 usd, but did they bother to let us know that we were driving a potential death trap?   That Ah, would be a big fat no…

Amazing really, they can charge us for taking care of our vehicle, in fact the maintenance is mandatory if you want to keep your extended warranty in force, but they cant tell us about a potential lethal problem?

Let me tell you that is scary folks…

This is certainly something close to a nightmare for Toyota, in the recent recall madness, where the dealers are pitted against the owners, and the finance companies are pitted against the dealers, and allegedly the manufacturer pitted against the lawyers. Make no mistake about it, there are a lot of problems with these cars, Real Valid Safety concerns, some say that the government in the form of the DOT and the FTC are having a conflicted interest in this issue however, after my own very real safety issue, (notice I did not say a concern) this was a real issue.

This really happened, and while I cannot say if this was due to accelerator pedal entrapment with regard to the floor mats, (a less and less likely event as time goes by) or if this was due to a linkage problem, (more likely from an engineering perspective, a very non toyota perspective) in fact we own one of these vehicles, which to date allegedly toyota is not willing to even admit that there is a problem nor are they willing to state how they plan on fixing the problem.

We know there is a problem with this toyota camry, because we have experienced it first hand, or foot so to speak.

In a Terrifying event where the vehicle stuck with the accelerator linkage wide open for a period of several seconds, which resulted in a near miss accident and a change of clothing, for the driver…

This is a serious problem and when you have a company that is not willing to do the right thing and either fix the problem or buy the car back then there are real problems ahead for this company.

When a company is willing to spend millions and millions of dollars in PR relations, double entendre intended, then it is time to call an attorney…

If you have had an accident involving a toyota in any of the mentioned toyota vehicles.

Then you may need to get a lawyer…

Here are some of the problems we have had with our 2009 toyota camry,

1. Sticking wide open linkage and or entrapment, of the pedal mechanism.
2. delayed sticking linkage, at less than 30 MPH
3. delayed surge at idle during cruise control.
4. surge at less than 10 MPH with brake applied.
5. inertia during de-acceleration or sudden loss of power during cruise control

While most of these issues can be easily controlled, with some forethought, and some pre-planning but I can tell you from actual experience that this is easier to say than it is to do, as a professional driver with more than 30 years of safe driving experience, I can tell you that I nearly had an accident while this concern happened to me.

The problem is that toyota is allegedly not doing the right thing…

They are not even saying the linkage word and that is where the problem allegedly is…

Let me say that louder, LINKAGE>>>  PEOPLE<

Be very careful when driving these cars, be on the lookout for trouble, just because someone tells you that your car is not involved in the toyota recall does not mean there is no problem.

Believe me there is a problem, at least in my own very personal experience.

I would say that while I cannot offer you advice on this issue, please do seek professional advice if you feel you are driving an unsafe vehicle, you may need help in finding a lawyer, if so please see our resource pages for those types of attorneys.

As many of you have heard, this is a terrifying situation to find yourself, not only that but it can happen so quickly that you may not even realize that you are in a potentially life or death struggle with your own car…

So what is next, will the political parties have to reveal when they pay liberal bloggers to post?
or will those people be exempt?

Will they publish who pays them for what?

Folks it is a great time to be a constitutional lawyer, because we are looking at yet another case in the works.

The Federal Trade Commission will require bloggers to clearly disclose any freebies or payments they get from companies for reviewing their products.

It is the first time since 1980 that the commission has revised its guidelines on endorsements and testimonials, and the first time the rules have covered bloggers.

But the commission stopped short today of specifying how bloggers must disclose any conflicts of interest.

The FTC said its commissioners voted, 4-0, to approve the final guidelines, which had been expected. Penalties include up to $11,000 in fines per violation.

The rules take effect Dec. 1.

source

Is the world going insane, I tell you what I will tell all, if congress will tell all the payments they receive when a special interest group contributes to their PAC

How does that sound instead of picking on bloggers do you suppose that the FTC might be able to figure out how to stop the bernie madoffs of the world before picking on bloggers?

You really have to wonder about the people in office when they start doing stuff that is clearly unconstitutional.