The Federal Trade Commission (“FTC”) and state law enforcement agencies are closely scrutinizing the practice of using fake blogs – or “flogs” – to generate interest in an advertiser’s products and services. In proposed revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising, the FTC is looking to create standards where an advertiser would be liable for false statements made through a blogger’s endorsement and the blogger would be liable for unsubstantiated representations made in the course of the endorsement. The FTC has indicated that advertisers must establish better controls on affiliate marketing practices and monitor affiliates for compliance. Separately, in the past six months, state attorneys general in Connecticut, Texas, and New York have publicly announced investigations and charges against advertisers whose products and services have been promoted by flogs and fake testimonials. According to the states, unsubstantiated claims about product results contained in flogs have duped consumers into purchasing products and services that they may not have otherwise bought.