Newly revised Federal Trade Commission (FTC) Guidelines, found at 16 C.F.R. § 255, that are intended to protect consumers from deceptive advertising or endorsements, could create new liability for employers whose employees use blogs, Facebook, Twitter or other social media to comment on company products or services. Liability could exist even if an employee is blogging on his own time, using his own equipment, as it’s presumed that the blogging benefits the company. Liability can be imposed where an employee fails to disclose his or her employment relationship. These Guidelines make it even more important for employers to develop Social Media policies that clarify expected employee conduct.




