Think GreenThe marketing communications industry experienced a number of important changes in 2015. In the third edition of our Lessons Learned/Practical Advice publication, lawyers from Davis & Gilbert explore the key regulatory developments, statutory changes, and court decisions in numerous areas such as children’s advertising, entertainment, social media, trademark, and data security. To read the full

Think GreenAs you know, Davis & Gilbert produced our 2014/2015 Lessons Learned Practical Advice document, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014/2015 Lessons Learned Practical Advice document, click here. This week, I wanted

Back in October, I talked here on Madison Ave Insights about the FTC’s just-released Green Guides and what they would mean for marketers moving forward. The FTC moved against unfounded and overused “environmentally friendly” and “green” claims in marketing for a range of products. The standards as established challenge the use of unqualified general environmental benefit claims and asks advertisers to scientifically prove specific green claims.

One industry with a focus on the environment that needs to adapt to both the demands of the marketplace and the restrictions of the regulators is the automotive industry. At the North American International Auto Show in Detroit in January, consumers saw the latest model introductions from the automobile industry – domestic and foreign – that presented consumers with each company’s take on the best options for price, performance, versatility, fuel economy and being green.

So what’s next for the auto industry in terms of the future – both the future of the environmental and continued explosion of digital?

The Way I See It

  • Automakers see a double edge sword – a marketing and sales benefit from better fuel economy, but at a higher cost to engineer and build vehicles that consumers will want and can afford. They are facing new regulations requiring them to increase fleet-wide average fuel use to 54.5 miles per gallon by 2025.
  • I see the cycle of government pushing the industry and the industry reacting to the push to be a dangerous paradigm in the current political climate. I see the need for industry to move forward independent of government prodding by satisfying consumer demand with products that are innovative and revolutionary.
  • I see automakers, both current and new, pushing forward with battery-powered, electric cars and pushing the envelope with new retail standards and business strategy. I see electric cars as being a true “environmental” automobile.
  • I see the automotive industry continuing its comeback and becoming even more important as major advertisers.
  • I see the need for breathtaking creative, brilliant strategy and greater use of digital, social media and mobile.

The Way The Industry Sees It

I sat down with Joel Ewanick, President and Managing Director of Global Auto Systems. Currently Joel is involved in several projects most noteworthy is as Special Advisor to the CEO of Fisker. Until last summer, Joel was the Vice President and Global Chief Marketing Officer of General Motors and prior to that Joel was Vice President of Marketing for Hyundai Motor America. In addition, he is best known for being the guy behind Hyundai Assurance. I asked Joel to discuss what’s next for environmental marketing and how the auto industry is evolving with the times.

Why is having an environmental strategy to the automotive sector important?  How does an automotive company present a credible environmental position?

Having an “environmental strategy” cannot be skin deep, it needs to run through the organization like blood through your veins and become a part of the company DNA. It needs to be a total commitment. If a company does not embrace an environmental position, it will be seen as a marketing gimmick – the “sexy” subject of the day, it’s pandering to the consumers. Eventually the consumer sees through it and calls it what it is, “greenwashing.” If a company genuinely cares about the environment, it should demonstrate it in products, offerings, and actions. It starts in the board room, from the top! A commitment from the companies’ executive management, if not – the accounting for such a commitment will eventually derail the programs. It doesn’t happen overnight – it takes time, research, and constant development – from raw material sourcing, to manufacturing, through the sales process, ownership and full circle to the recycling of the automobile at the end of its life. It all needs to be taken into account. As in any industry, there are leaders and there are followers, those who embrace a true commitment to certain technologies no matter the time and cost because it’s the right thing to do. They will reap rewards in decades to come. Fuel Cell technology is a perfect case. Some companies are demonstrating a total commitment to the technology and are in it for the long haul; while others have started but then backed off because the return on investment may be a decade away. These companies are not dedicated or committed, they will be followers.

The auto industry has new fuel efficiency standards to meet.  Do you think this regulation will change the current “fuel economy” advertising strategies?  Will the fuel efficiency standards make the importance of fuel economy claims less powerful?

What will make the claims powerful is the cost of gasoline.  If we continue to experience significant increases in gas prices, like here in California, where gas is at $4.15 to $4.25, consumers will continue to flock to more fuel efficient brands, like Hyundai. If prices stabilize, it will still be important, but it will likely over time become another given, a commoditized feature in all automobiles, like safety.  Volvo and Mercedes Benz owned safety, but through legislation, all cars are basically safe.  It is now a given.  Eventually this could happen with MPG as new technologies emerge.  In the end consumers will look for value, and gasoline, for the foreseeable future, is part of that value equation.

Continue Reading The New Auto Industry: Friend of the Environment and Tech Star

Advertising Week is in full swing and is already full of surprises. On Monday, the Federal Trade Commission (FTC) released the details of its updated Green Guides to attendees of the National Advertising Division (NAD) Annual Conference, before even announcing it to the press – talk about a scoop! It was exciting for all who were there and who work in developing environmental marketing claims. We have been eagerly awaiting the new Green Guides for over 2 years. With thousands of comments from industry groups, environmental advocates, academics and others during the review process, there were certainly a lot of people watching and waiting. The FTC is trying to put out guidance that set a balance between the firmness needed to help reduce “green washing” and the flexibility needed to allow advertisers to develop new and novel claims as environmental sciences and technologies advance in ways we cannot yet anticipate.
Continue Reading New FTC Green Guides Signal Change Ahead for Marketers