The one time you don't want to give out food samples

Handing out samples of your food and wine is a great way to get customers - once they try your foods, they're very likely to come to your place of business.

But there's one time when you should NOT give out samples of your food or wine. When's that? When you’re trying to get the attention of a media reporter. Sending food or wine samples could potentially put the reporters in a delicate position that might conflict with their code of ethics.

All media outlets have strict codes of ethics because the media strives to maintain its objectivity and avoid giving any impression of conflict of interest. (As a really obvious example of conflict, in the political arena this can be seen as favorable articles about a politician shortly after the politician gives a job to a family member of a newspaper editor).

But what about food writing? Surely conflict of interest can’t happen there, can it? It’s possible! Any perception of special preferences could possibly raise questions about objectivity. And any kind of “gift” to a specific reporter -even a food sample - could be potentially perceived as creating a conflict of interest.

Most media outlets deal with it in the same manner: they don’t allow accepting ANY food samples. Samples that are sent to a reporter are usually taken to a central location in the building and then donated to a charity (if possible) or thrown out. This includes cookbooks or other food-related books.

What CAN you do?
Can you invite a reporter to your restaurant? Absolutely! Can you offer them a discount if they eat at your restaurant? Only if the discount is offered to everyone at the restaurant. So if Tuesday night is always “half-price” night at your restaurant, it’s perfectly acceptable to tell them about it because everyone who comes to your restaurant gets the half-price special. Whether or not the reporter takes advantage of it is their choice. And the reporter will discuss the situation with their editor to determine if that’s acceptable behavior. But it’s NOT acceptable to tell the reporter “Come on down to my restaurant and I’ll give you your dinner for free”.

What about giving out samples when you’re booked as a guest on a TV program? That’s acceptable in the studio because you’re already a guest – you’re not trying to influence them. It’s only natural to bring in food, so take in lots of food and make sure everyone can get to it.

Radio programs are the same way. If you’re already a guest it’s acceptable to bring in lots of food for everyone to try. Just make sure EVERYONE can get to the samples. That way there’s no perceived favoritism.

If you’re not sure of the code of ethics of a media outlet, check their website. Most media outlets will post their code for everyone to read. If they don’t, you can always call and ask.

What about bloggers and social media?
What about the “new” media, specifically, bloggers? They’ve come under the watchful eye of the government as well. In 2009 the Federal Trade Commission (FTC) created clear guidelines for businesses looking to establish relationships with online publishers.

According to the FTC’s updated stance, bloggers, Twitterers, and other online reviewers are now required to disclose their “material connection” with corporate sponsors or advertisers. As of December 1, 2009, businesses are now legally required to disclose gifts or payments to bloggers and other online writers used to subsidize posts dedicated to their product(s). The FTC also updated its endorsement and testimonial rules, now holding celebrity endorsers liable for false statements about a product. Each infringement of these rules will cost the guilty party (i.e. the business) $11,000.

Be aware and you'll be fine
What this all means is: be aware of possible ethics conflicts whenever you’re thinking of offering a sample to a reporter. Make sure that you don’t put a reporter or their office into a possible uncomfortable or questionable situation. Remember – you want to build a relationship with the reporter and the media outlet. Knowing their code of ethics and abiding by it shows that you care about them and thereby makes you more desirable as a source of information for their stories.