Flogs and Farticles – The Crackdown Begins Day 2

We couldn’t listen in to the press call hosted by the FTC earlier this week on the Tuesday, April 19th, but the Commission posted a new release on their site after the media call in took place. Their teaser for the call, which they posted online on Friday, April 15th, read, “FTC Cracks Down on Fake News Websites Used to Advertise Acai Berry Weight-Loss Pills.” The follow-on title reiterates that message but ads in new important details, saying, “FTC Seeks to Halt 10 Operators of Fake News Sites from Making Deceptive Claims About Acai Berry Weight Loss Products."

Last Friday, it appeared as though the lawsuits targeted five different companies, but as the headline in the just announced release discloses, the real total is ten. The FTC lists the ten different operators in their “Fake News Site Sweep.” The Commission has had two years to look into the fake news sites, and frankly, we were beginning to think that they had other fish to fry. Can’t say they didn’t hit the nail on the head when they said, “Almost everything about these sites is fake.”David Vladeck, Director of the FTC’s Bureau of Consumer Protection, also added, “The weight loss results, the so-called investigations, the reporters, the consumer testimonials, and the attempt to portray an objective, journalistic endeavor.”

In Part 1, we included some of the language contained within the complaints themselves. The FTC summarizes the misdeeds clearly by saying that the defendants:

• Make false and unsupported claims that acai berry supplements will cause rapid and substantial weight loss;
• Deceptively represent that:
• Their websites are objective news reports;
• Independent tests demonstrate the effectiveness of the product, and
• Comments following the “articles” on their websites reflect the views of independent consumers; and
• Fail to disclose their financial relationships to the merchants selling the products.

Summarizing and generalizing the above, we have a) false / unsupported claims, b) mis-representations to create the perception of objectivity, including implied associations, and c) lack of disclosures.
Let’s compare the list above to what we see still running. Doing any article on this topic is tough, because a vast number of sites got pulled down once the suits were announced.

1. A Mom’s Trick to Whiter Teeth

Weekly Consumer Tips Farticle

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• Does not use images from known news outlets, i.e., no “As Seen On…”
• Does not prominently disclose financial relationships to merchants
• Deceptive representations in comments
• While not written in the first person perspective of a journalist it does quote a non-existent user and those unsupported claims
• Grade: C-

2. 1 Trick to Flatten Your Belly Fast

NewsHealth6 hCA Farticle

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• Does not promote acai but does promote Colon Cleanse
• Template and text modified from acai, so it still mentions the “superfood”
• Deceptive representations – Fake reporter image
• Deceptive representations – Other news sites logos
• Deceptive representations – Comments
• Fake site functionality (non-working links)
• Bonus points for still using one of the original before and after images from 2009’s flogs
• Unsupported claims of weight loss
• Only missing the famous French newscaster
• Grade: D-

3. Are You Paying More than $9/Week for Auto Insurance

News9 Auto Insurance Farticle

var docstoc_docid=”77278499″;var docstoc_title=”News9 Auto Insurance Farticle”;var docstoc_urltitle=”News9 Auto Insurance Farticle”;

• Deceptive representations – Fake reporter image
• Deceptive representations – Other news sites logos
• Deceptive representations – Comments
• Fake site functionality (non-working links)
• Also uses the dual anchor like images with fake quotes
• Bonus points for touches like “Part Two of The Series”
• Almost readable placement of “Not affiliated with any newspaper publication”
• One of the largest to promote Auto Insurance instead of continuity programs
• Bonus points for a badly Photoshopped check
• Multiple misrepresentations An impressive work of fake news
• Grade: F

4. Work at Home Mum Makes $7,487/Month Part-Time

News7 Work from Home Farticle

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• And winner of this affiliate lives outside the US goes to…
• Almost complete array of deceptive representations
• Uses stock photography for investigator instead of journalist looking photo
• Points for working Facebook social plugin
• IP checking and location insert into fake article – check
• Brazen use of “Google provides great opportunity in stale market” quote
• More bonus points for a live site with the famous 2008 check
• Look mum, same check re-used in more than one spot in the comments
• WebTV in the disclaimer? Why does everyone copy and paste? These affiliates have no idea what WebTV was.
• Arguably one of the best version 1.0 fake news sites
• Grade: G as in Google’s gone after them for sure

It may have taken two years, but perhaps the FTC crackdown will turn out to be a blessing in disguise. We have always had a soft spot for the online advertorial. With clearer guidelines and a clear incentive for those perpetuating the race to the bottom to make their way towards the surface, we might see the emergence of a sustainable online advertorial model. It’s a model that works across a wide variety of offers, and it might finally have a chance to prove it by providing quality users not duped ones.