Social, Ethical, and Regulatory Aspects of Advertising and Promotion 4 1 1 ©2012 ©2012 Cengage Cengage Learning. Learning. All Rights All Rights Reserved. Reserved. MayMay not not be scanned, be scanned, copied copied or duplicated, or duplicated, or posted or posted to atopublicly a publicly accessible accessible website, website, in whole in whole or inorpart. in part. Social Aspects of Advertising PRO CON Advertising informs Advertising is superficial and intrusive Advertising improves living standards PRO CON 4 2 Is there Ads lower the costs of products (How can this be?) “information” in this ad? Ads are wasteful and help only some ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. © Courtesy Apple Computers Inc.; Ad Agency TBWA Chiat Day,LA; Photographer: Matthew Welch, Model Emory Livers/LA Models Advertising Educates Consumers Social Aspects of Advertising Advertising Affects Happiness and Well-Being CON PRO CON PRO 4 4 Ads create needs Ads address a wide variety of basic human needs Ads promote materialism Ads reflect society’s priorities ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Social Aspects of Advertising Advertising: Demeaning and deceitful, or liberating and artful? CON Ads perpetuate stereotypes PRO Advertisers are more sensitive now CON Ads are often offensive Ads are a source of liberation PRO CON PRO 4 6 Ads deceive via subliminal stimulation Advertising is art ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Social Aspects of Advertising Advertising has a Powerful Effect on the Mass Media Ads foster a diverse and affordable mass media that provides information and PRO exposure on important issues. CON Advertising affects and controls programming. “Branded Entertainment” blurs entertainment and persuasion. And, controversial issues do not attract advertisers. 4 9 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Ethical Aspects of Advertising Ethics are the moral standards against which behavior is judged. Key areas of debate regarding ethics and advertising are: • Truth in advertising • Advertising to children • Advertising controversial products – Remember “primary demand?” (Chapter 1) – How has food become a “controversial product” in advertising? 4 10 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Ethical Aspects of Advertising Truth in Advertising • Deception is making false or misleading statements, but puffery (commercial exaggeration) is legal. • Cannot legislate against emotional appeals 4 11 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Ethical Aspects of Advertising Advertising to Children – Issues • Advertising promotes superficiality and materialism in children • Children are inexperienced and easy prey • Persuasion to children creates child-parent conflicts • But, what does the literature say about kid’s abilities to process persuasive information relative to the claims above? 4 12 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Ethical Aspects of Advertising Advertising Controversial Products • Critics question “targeting” minorities – Aren’t there positive aspects of targeting? • Tobacco, alcohol, gambling and lotteries are product categories of greatest concern – How does the concept of “primary demand” provide insights here? – What does the literature say about advertising’s impact on these product categories? – Doesn’t the government advertise gambling through state lotteries? 4 13 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Regulatory Aspects of Advertising Areas of advertising regulation: • Deception and unfairness Representation or omission that can mislead o Judged from perspective of consumer o Misrepresentation must be “material” o • Competitive issues o o o Vertical cooperative advertising Comparison advertising Monopoly power • Advertising to children 4 14 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Government Regulation • Federal Trade Commission (FTC) – Wide range of regulatory programs and remedies 4 15 • Federal Communications Commission (FCC) • Food and Drug Administration (FDA) • U.S. Postal Service • Bureau of Alcohol, Tobacco, and Firearms ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Government: FTC Programs and Remedies • • • • • • 4 16 Advertising Substantiation Program Consent Order Cease and Desist Order Affirmative Disclosure Corrective Advertising Control of celebrity endorsements, testimonials, and now blogging ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Government: State Regulation • No extensive policing powers • Most ads and promotions are “inter-state” not “intra-state” • State Attorney Generals office is main office for regulation • States rely mainly on federal agencies for regulation of advertising and promotion 4 17 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Industry Self-Regulation • • • • 4 18 National Advertising Review Board (NARB) State and Local Better Business Bureaus Ad Agencies and Associations Media Organizations ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Internet Self-Regulation • No industry-wide trade association has emerged to date, exceptions: • Anti-spam • COPPA • Some international organizations • • • • • 4 19 Global Business Dialogue on Electronic Commerce (GBDe) is emerging as a governing body Little progress has been made to address consumers’ complaints on on privacy (e.g. Facebook) ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Regulatory Agents Consumers as Regulatory agents • Consumerism: Grass roots consumer movements • Consumers Organizations Consumer Federation of America Consumers Union o Consumer Alert o Commercial Alert o o 4 20 ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Regulation of Other Promotional Tools Direct/Mobile Marketing and e-Commerce • Privacy – Behavioral targeting, GPS tracking • Spam = 30 million messages/minute, 100 billion/day worldwide – “Phishing” as insidious spam • Contests/Sweepstakes • Telemarketing Sales Promotion • Premiums, Trade Allowances • Contests/Sweepstakes • Product/Brand Placement 4 21 Public Relations • Privacy • Copyright Infringement • Defamation (slander and libel) ©2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.