The rules do not apply to "reviews that appear on a website or platform as a result of the business merely engaging in consumer review hosting." 16 CFR § 465.2(d)(2) (2024) They apply (paraphrased) to things someone is paying someone else to say. Things people write about products without being paid to write them are uncontroversially First Amendment-protected opinion.
- "penalizing private citizens "who don’t have experience with the business or product/services, or misrepresent their experience". They may mean that businesses can't engage people to write such reviews."
I'm not a lawyer, but I think the AP article actually misstated the law. The multiple paragraphs related to this only seem to cover the case where a review "materially misrepresented... that the reviewer used or otherwise had experience with the product". The way the AP paraphrased this is different. They separated out "or misrepresent" with an "or", but it's not separate.
The rules do not apply to "reviews that appear on a website or platform as a result of the business merely engaging in consumer review hosting." 16 CFR § 465.2(d)(2) (2024) They apply (paraphrased) to things someone is paying someone else to say. Things people write about products without being paid to write them are uncontroversially First Amendment-protected opinion.
https://www.ftc.gov/legal-library/browse/federal-register-no... (starts on page 153)
- "penalizing private citizens "who don’t have experience with the business or product/services, or misrepresent their experience". They may mean that businesses can't engage people to write such reviews."
I'm not a lawyer, but I think the AP article actually misstated the law. The multiple paragraphs related to this only seem to cover the case where a review "materially misrepresented... that the reviewer used or otherwise had experience with the product". The way the AP paraphrased this is different. They separated out "or misrepresent" with an "or", but it's not separate.