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Category Archives: Advertising

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“New” Concerns Likely to Top FTC’s Interest This Year

Posted in Advertising, Marketing

There were significant changes in almost every aspect of the law relating to advertising, marketing and promotions in 2013, and Davis & Gilbert published a piece entitled, “2013 Lessons Learned and 2014 Practical Advice.” This piece explains and discuss what happened, and offer suggestions for advertisers and agencies to think about and address in 2014…. Continue Reading

Marketers Predict Trends to Watch in 2014: Insights from LPGA Chief Marketing Officer, Jon Podany

Posted in Advertising, Marketing, Mobile

Continuing with predictions on what the rest of 2014 will hold, I turn to Jon Podany, Chief Marketing Officer for the Ladies Professional Golf Association (LPGA), to get his thoughts. The Way The Industry Sees It 2014 Predictions within the Sports Industry and How They Have the Potential to Affect Marketing and Advertising, with LPGA’s… Continue Reading

Marketers Predict Trends to Watch in 2014: Insights from Dunkin’ Brands® President, Global Marketing and Innovation, John Costello

Posted in Advertising, Marketing

It sure didn’t take long for 2014 to shift into high gear. Little more than two weeks into the New Year, we’re already knee deep in stories with big implications for marketers in the retail sector (charged anything at Target lately?), sports marketing (the ruling on Alex Rodriguez’s suspension for the 2014 season), and the… Continue Reading

Youth Marketing: How the Founder & CEO of Shop Jeen Builds a Customer Base

Posted in Advertising, Digital, Marketing

It seems youth marketing has always been a hot topic in the advertising world. As young people move from the “discovery” phase of their tween years to the “experimental phase” of young adulthood, they shift from being motivators of their parents’ buying habits to influential consumers in their own right. But today that demographic is… Continue Reading

Changing How We Watch Changes How We Sell

Posted in Advertising, Digital, Media

In just a few short years, DVRs and video-on-demand have dramatically altered how television is watched. In 2006, fewer than two percent of households owned a DVR. Now, more than half do. The use of DVRs has changed along with market-growing penetration. Instead of just being time-shifters, many viewers are effectively becoming collectors, stockpiling so… Continue Reading

#GivingTuesday, Take Two

Posted in Advertising, Digital, Marketing

As we reported last year, there’s a new entrant into the “holiday days” tradition – #GivingTuesday. The brainchild of New York’s 92nd Street Y and the United Nations Foundation, #GivingTuesday is a movement to create a national day of giving to kick off the giving season and is celebrated the Tuesday after Thanksgiving. Participating nonprofits… Continue Reading

The United Kingdom’s Take on Self-Regulation

Posted in Advertising, Regulatory

They had the Beatles, we’ve got the Eagles. They have Big Ben, we have the Washington Monument. There are endless comparisons to make between British institutions and those born in the United States, and things are no different the advertising field. Today, we’re talking specifically about advertising industry self-regulation, which both the United States and… Continue Reading

Brand Activation Association Marketing Law Conference: Demonstrations

Posted in Advertising, Marketing, Media

We’re all familiar with the classic product demonstrations in television commercials: who hasn’t seen re-enactments of the super-absorbent paper towel, or the dish detergent that cuts through grease with a single drop? How do we define a demonstration?  Well, a demonstration is just that: a way for advertisers to show the product functioning as it… Continue Reading

Brand Activation Association Marketing Law Conference – Data and Unfairness

Posted in Advertising, Digital, Mobile

As we interact online, we leave a breadcrumb trail of data – both personally identifiable and anonymized.  This information can be pulled straight from data shared – name, age, or address – or can be extracted from browsing habits and usage patterns.  So what restraints are put in place to stop unchecked collection and use… Continue Reading

Brand Activation Association Marketing Law Conference – The Reasonable Consumer

Posted in Advertising, Digital, Marketing, Media

This week, leading lawyers, legislatures and marketers attended the 35th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA I gave a presentation titled, “Journey to the Center of Advertising Law: Knowledge, Insights, and Practical Tips on The Most Important 2013 Advertising Developments.” Over the next few days, I will share with… Continue Reading

How to Ensure Compliance under the Telephone Consumer Protection Act

Posted in Advertising, Digital, Direct Marketing, Media, Mobile

The FCC has changed its rules to require “prior express written consent” in order to auto-send commercial calls or texts. Failure to comply can open violators up to private lawsuits, and to damages awards of up to $1,500 per violation.  So what should be done to avoid pricey violations? First, there needs to be written consent… Continue Reading

Understanding Industry Self-Regulation: A Conversation with C. Lee Peeler

Posted in Advertising, Regulatory

Edith Ramirez, the new chairperson of the Federal Trade Commission (FTC), said that self-regulation can be “an important tool for consumer protection that can respond more quickly and efficiently than government regulation.”  For the advertising industry, that is certainly the case.  When advertising self-regulation was created in 1971, there were plenty of skeptics.  But today,… Continue Reading

Breaking the Traditional Agency Model in Today’s Data-Driven Economy with Cramer-Krasselt’s Chairman & CEO, Peter Krivkovich

Posted in Advertising, Digital, Marketing

Madison Avenue is a hotbed for creativity and innovation. The evolving nature of the digital world means new opportunities and platforms, and also means that agencies are constantly pushing the envelope to meet new client needs, develop new campaigns, and rise to new challenges from global competition, the economy, and the like. The constant change… Continue Reading

The Role of State Consumer Protection Regulation and Enforcement in a National Advertising Landscape

Posted in Advertising, Regulatory

When we think about advertising law and regulation, we typically focus on Washington, D.C. and the federal regulatory agencies – for example, the FTC’s guidance, including in many industry-specific areas, the FDA’s regulation of food products and cigarettes, and the Consumer Financial Protection Bureau’s efforts of late in the financial services sector, among others.  But… Continue Reading

CARU Annual Conference: Online Behavioral Advertising & Industry Self-Regulation for Marketing to Children

Posted in Advertising, Digital, Direct Marketing

Consumer protection in our digital age is becoming an ever more complex challenge, with technology constantly evolving and always “newer” new media emerging at lightning speeds. In recent years, online behavioral advertising has taken center stage as one of today’s most hotly-debated marketing practices. There seems to be a consensus amongst regulators that the industry,… Continue Reading

A Decade of Advertising Week

Posted in Advertising, Marketing

In 2004 – the inaugural year of the industry’s biggest event, Advertising Week – Facebook was launched as a social networking site open only to Harvard students.  Now ten years old, Advertising Week – like social media – has seen many changes and, more importantly, has shaped critical conversations driving change in the advertising industry… Continue Reading

“Gluten-Free” – FDA Recently Defined the Term, So What Does that Mean for Manufacturers?

Posted in Advertising, Marketing

The sale of gluten-free foods is big business.  In fact, Americans spent more than $4 billion on gluten-free foods alone last year.  Whether an individual is diagnosed with celiac disease (an autoimmune digestive condition that can be effectively managed by eating a gluten-free diet), is gluten-sensitive, or has chosen to eliminate gluten as a trendy… Continue Reading

DAA’s New Privacy Guidance for the Mobile Environment

Posted in Advertising, Digital, Marketing, Mobile

The Digital Advertising Alliance (DAA) recently issued guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data apply to certain types of data in the mobile space.  The DAA’s Self-Regulatory Principles are a direct response to the Federal Trade Commission’s (FTC) call for advertising industry self-regulation in the digital space. The DAA clarified… Continue Reading

A Candid Conversation on the Economic Outlook & Agency Midyear Forecast with TBWA\Chiat\Day’s Neal Grossman

Posted in Advertising, Marketing, Media

2013 has certainly been a landmark year, and we have seen both social and financial gains dance across the headlines of various news publications. We watched as the S&P 500 hit an all-time closing high of 1,682.50 in July, and we watched history be made with the United States Supreme Court’s ruling on DOMA. While… Continue Reading