Blog Posts Tagged with Advertising and Marketing

Pages

Acc-cen-tuate the negative?

Acc-cen-tuate the positive.
Eliminate the negative.
Latch on to the affirmative.
And don't mess with Mr. In-Between.

That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it comes to negative options now, the message for marketers is to explain things positively.

FTC to L’Oréal: Scientific claims need proof that’s more than just skin deep

When ads for beauty products convey subjective claims – for example, L’Oréal’s long-standing “Because I’m worth it” tagline – it’s unlikely consumers would think statements like that are supported by science.  (It’s hard to imagine a testing protocol that could establish whether or not we’re worth it.)  But flip through a magazine and it’s apparent that test tubes are overtaking powder puffs in how some cosmetics are marketed.  When companies tout the scientific research behind their advertising or say their products have been “clinically proven,” those claims – like any other objective rep

Hey, Rachel. The FTC is going DEF CON.

Hey, Rachel the Robocaller.  Every month we get 150,000 complaints about you and your robocalling besties.  We’ve sued dozens of them.  We’ve sponsored a national challenge to make your life harder.  But this time, Rach, the gloves are off.  We’re going DEF CON on you and we’re launching a particularly powerful surface-to-robocall missile with your name on it.

Not-so-fantastic recycled plastic?

When comparing products made of plastic lumber – picnic tables, benches, trash bins, and the like – many consumers and businesses factor in environmental considerations.  So when California-based American Plastic Lumber suggested its products were made virtually entirely out of post-consumer recycled content like milk jugs and detergent bottles, it’s understandable that shoppers would take note.  But according to the FTC, buyers didn’t get the benefit they bargain

Fighting on three fronts: FTC weighs in on weight loss ads

Why do companies sell “miracle” diet pills and potions, promising results that defy the laws of physics?  Why do consumers buy them?  And what is the FTC doing about it?  Those are just some of the topics on the agenda at a congressional hearing today.  If you have clients that sell weight loss products or if you represent media outlets that run those ads, you’ll want to

Where did I put those keys?

If it hasn’t happened yet, it’s only a matter of time.  You walk into a room – say, to get your sunglasses – and then can’t remember why you’re there.  So it’s no wonder that claims for BrainStrong Adult, a dietary supplement advertised on TV, online, and through an active social media presence, caught consumers’ eye.  Ads said that Brain Strong Adult “helps protect against normal cognitive decline as we age” and is “clinically shown to improve memory.”  But acco

Time for a gut check?

Like the swallows returning to Capistrano and the umpire yelling “Play ball!” on Opening Day, there’s another inevitable harbinger of spring:  ads for bogus products promising easy weight loss just in time for bathing suit season.  But this year, media outlets have a new tool for spotting false claims before they’re published or aired – and before consumers risk their money (and maybe even their health) on a worthless pill, potion, belt, cream, or whatever.  If you or your clients run ads for weight loss products, it’s time for a gut check.

Cram doesn't pay

Cramming unauthorized charges onto phone bills violates the FTC Act, of course.  But depending on the circumstances, cases like that also can result in criminal prosecution.  Two brothers who bilked consumers out of millions as part of a cramming scam are now behind bars – giving a whole new meaning to the term “cell phone.”  And the prosecutors who brought the case, Assistant United States Attorneys Hallie Mitchell Hoffman and Kyle F.

Generation gap?

There’s not much talk anymore about the Generation Gap – at least not in terms of crazy teens and their rock ‘n’ roll music.  But there’s another kind of Generation Gap that has the FTC concerned:  the compliance gap between the established standards of the National Do Not Call Registry and the way some companies are using lists from lead generators without careful consideration of how those lists were compiled.  An FTC settlement with Versatile Marketing Solutio

Do you sell health products? Court opinion offers truth-in-advertising recap

Advertisers that sell health products should know the legal standards by now, but to those resistant to the message, a federal judge in California spelled them out again in a $2.2 million judgment against the marketers of two diabetes products – Diabetic Pack and Insulin Resistance Pack.

FTC settlement with ADT sounds alarm about deceptive use of paid endorsers

Consumers who tuned in to programs like the Today Show, Daybreak USA, and local newscasts may have caught interviews with guests billed as “The Safety Mom,” a home security expert, or a tech expert.  Among the products they reviewed was ADT’s Pulse Home Monitoring System.  Describing it as “amazing” or “incredible,” they offered glowing details about its capabilities, safety benefits, and cost.  But according to the FTC, here's one material fact that wasn’t discussed:  ADT had paid the three spokespersons a total of more than $300,000 and provided two of them with free systems valued at $4,

Statue of limitations?

The awards season may be over for the entertainment industry, but it’s time for consumer protection to take its turn on the red carpet. (Of course, no one should ever have to ask “Who are you wearing?”  A quick look at the label and a search in the FTC’s RN Database will provide that information instantly.)   If we were giving out the statuettes, here are some of the winners from movies and TV.

Tanks for nothing

At first, consumers thought it was their lucky day.  They had received text messages announcing they had won a $1,000 gift card from a major retailer.  But they ended up with their hopes in the tank – in this case, CPATank, Inc., and Eagle Web Assets, Inc., the latest defendants to settle FTC charges for sending deceptive unsolicited texts.  The law enforcement action offers interesting insights into affiliate marketing and the breadth of liability under the

Pages