It may be hard to believe now, but there was a time in the 1970s when residents of the Hamptons felt that the area could use some publicity. Enter Dan Rattiner, founder of Dan’s Papers, a weekly lifestyle publication covering the Hamptons with a whimsical voice that isn’t afraid to have a little fun. Miffed that the Hamptons, the setting of the novel Jaws, had been replaced in the movie by Martha’s Vineyard, Dan put an attention-grabbing hoax on the front page of one of his weekly papers, the East Hampton Summer Sun. He ran an open letter from the Chief of Police, urging donations to a “raw meat drive” that would help satisfy a shark that was currently eating … Continue Reading
On the heels of recent high-profile enforcement actions by both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) against the automobile industry, the New York Attorney General (NYAG) has now zeroed in on the industry as well.
Over this past summer, NY AG Eric Schneiderman settled numerous allegations of deceptive practices with more than 25 automobile dealerships throughout the state, requiring the dealerships to collectively pay over $14 million in restitution and penalties. And Schneiderman has indicated that his office intends to continue monitoring New York auto dealers and will bring more enforcement actions as necessary.Background
In March 2015, as … Continue Reading
As you know, over the past few weeks, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I have been discussing the FTC’s updated answers to its FAQs. The following topics will conclude this series: online reviews, employee endorsements, and monitoring.
Online Reviews: According to the FTC, a retail website that includes customer reviews of the products and encourages honest reviews of its products, regardless of whether the reviews are positive or negative, should disclose which reviews were made in connection to free products. Knowing that reviewers received the product they reviewed for free would likely affect the weight the audience gave to the reviews, even if the retailer did not intend for that to happen. In addition, reviewers could fear … Continue Reading
As I mentioned last week, I will be continuing to discuss the FTC’s updated answers to its FAQs. This week, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I will focus on influencers and ambassadors, celebrity endorsements, and social media and promotions. Stay tuned for our last post in the series on online reviews, employee endorsements, monitoring.
Influencers and Ambassadors
In response to whether the Guides applied to influencers and ambassadors who are hired to promote a product or business on social media outside of their work hours, the FTC cautioned that these influencers and ambassadors have a financial connection to the company that hired them, and that relationship exists whether or not they are being paid for a … Continue Reading
The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect an increase in enforcement over the upcoming months.
This summer, Allison Fitzpatrick, Advertising, Marketing & Promotions Partner, and I co-authored an alert on the FTC’s updated answers to FAQs about endorsement guides. Given the long-awaited guidance, I wanted to share with you its potential impact. In the next coming weeks, I will be addressing the following affected areas: Social Media, Likes, Pins, and Posts, … Continue Reading
David Angelo launched the David&Goliath agency in 1999, he and his agency have had enormous success by “thinking like David,” being nimble, resourceful, creative and brave – and fiercely independent. I’d also add “slyly funny” to that list of descriptors. David&Goliath’s Super Bowl spot for the Kia Sorento poked fun at over-the-top Super Bowl ads by having former James Bond star Pierce Brosnan dodge owls and a moose on a snowy mountain road. AdWeek’s Tim Nudd listed it among his five favorite ads of Super Bowl XLIX. David&Goliath’s spot for last year’s Super Bowl – … Continue Reading
Timing is everything on Broadway, and with and with the new season kicking off, it’s an opportune moment to check in on marketing practices on the Great White Way. The talk of the theater world this spring has been Fish in the Dark, the Broadway debut of Seinfeld co-creator Larry David. The play broke advance sales records to the tune of $13 million, providing further support for the notion that star power goes a long way in selling theater tickets.
Stars bring built-in audiences with them, making their presence alone an effective marketing tool for producers. Indeed, a glance at Broadway’s current lineup confirms that many productions are adopting the tactic of staging productions that have already established their … Continue Reading
As 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 to share with you the section I co-authored with Matt Smith on environmental marketing.
2014 was another active year for environmental marketing claims, as consumers showed an increasing willingness to change their purchasing behavior based on environmental impact, and regulators made good on their promise to ramp up enforcement. Although the Federal Trade Commission (FTC) sent a strong message to marketers that it takes environmental … Continue Reading
We all need heroes and people whose bravery, commitment and skill make us feel like there is good in the world. These people inspire us to do our own best work and be our own best personal and professional selves.
That’s a point not lost on The International ANDY Awards. Launched in 1964 by The Advertising Club of New York, the ANDYs honors creatives who’ve done especially bold and courageous work. That’s an increasingly tall order in these days of tighter ad budgets, more conservative clients, and campaigns that have to address a variety of new media channels while still excelling at old school print and television.
And the ANDYs had great fun with the idea of brave heroes in … Continue Reading
As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, 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 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).
Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading
Even if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”
Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a … Continue Reading
2014 marked a year of significant change in the marketing communications industry. To help understand these changes, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015.
Over the next few weeks, I will share with you a few pieces I authored on the topics of: FTC – Regulatory and State, Emerging Hardware – Robots, Drones and Connected Devices, and the NAD. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here.FTC – Regulatory and State:
The regulatory landscape in 2014 was marked by a continued focus on the importance of clear, … Continue Reading
The Council of Better Business Bureau’s National Advertising Division (NAD) has recommended that, as a result of a complaint filed by Expedia, two online travel sites change several aspects of their search engine marketing (SEM) to avoid misleading consumers. While SEM is a common and long-standing practice, the NAD’s decision emphasizes that there are still emerging issues that companies engaged in this type of marketing should observe.Expedia’s Challenges
Expedia filed a challenge with the NAD alleging that the SEM practices of Fareportal Inc., the operator of travel sites CheapOair.com and OneTravel.com, were misleading.
First, Expedia challenged Fareportal’s practice of advertising what appeared to be low fares from a specific origin to a destination identified in a consumer search query, … Continue Reading
To understand b.good, the healthy sandwich and salad shop that has taken the northeast by storm, we’re going to need to hop into the DeLorean, and go back to 1987 – when the founders met. b.good’s co-founders, Jon Olinto and Anthony Ackil, met in the sixth grade, and formed a fast friendship. After countless shared burgers – and years later – the duo teamed up to create something that they felt was missing from the marketplace. They set out to create a line of restaurants where the food was made by real people, not factories. In fact, burgers share the menu with kale and quinoa bowls and seasonal salads, and are all made with ingredients sourced from local farmers who … Continue Reading
The Chairman of the Joint Chiefs of Staff sang New York, New York; Louis C.K riffed on rats doing it in the subway; and Bruce Springsteen auctioned off two guitars, a lasagna dinner and a motorcycle ride. That was just some of the goings-on at the 8th Annual Stand Up for Heroes charity show, which raised $6 million to help post-9/11 vets and their families.
In addition to the Boss’s “guitars n’ lasagna” package, this year’s Stand Up for Heroes featured some other new fundraising wrinkles.
One was Dine Out for Heroes, an initiative led by Peter and Penny Glazier of the Glazier Group of restaurants, in which more than 200 participating restaurants donated a dollar for every meal they … Continue Reading
Candlelight, loud music, and the chance for a potential celebrity sighting – it sounds a bit like a nightclub, or at the very least a trendy bar. While all of the above are nightlife commonalities, they are also a key factor in the success of SoulCycle – an intense, full-body workout done on a stationary bike. The brand has turned “spin class” into one of the most successful fitness trends around, generating a cult-like following among its devotees, which include Lady Gaga, Katy Perry, Jake Gyllenhaal, and Charlize Theron just to name a few. In addition, celebs such as Lena Dunham and Oprah have even held SoulCycle birthday parties.
SoulCycle has set itself apart from other fitness trends in a … Continue Reading
Social media can be challenging with its many channels and niche audiences. Where does a brand start? And how do brands tie their efforts together? VIZIO, the nation’s largest seller of flat panel televisions, answered these questions by creating its own social network, called Fandemonium.
By leveraging a sponsorship begun in 2010, VIZIO first launched Fandemonium at the 2013 Rose Bowl game; encouraging fans to cheer and jeer plays for a chance have their pictures displayed on the stadium jumbotron. Fandemonium participation – including store check-ins as well as viewing and writing product reviews – is rewarded with points that members can redeem from VIZIO, or one of its Fandemonium partners, which include Hulu, Netflix, and ESPN.
The genius behind … Continue Reading
One of the biggest news stories of the last year occurred on December 3, 2013, when the city of Detroit became the largest municipality in the United States to enter Chapter 9 bankruptcy. A decades-long economic decline saddled Detroit with $18 billion in debt, high crime rates, extensive urban blight – and, it would seem, a problem marketing itself to potential visitors.
But Detroit is one hard city to knock out. (It is the home of Joe Louis, after all.) From the Model T to Kid Rock, the Motor City has contributed enormously to the manufacturing, musical, and cultural life of our nation, giving it an enduring appeal. The only northern city to have hosted two Super Bowls, Detroit plays … Continue Reading
Today’s marketing and advertising landscape may be more laden with legal tripwires, regulatory mines, sharp corners, and dead ends than ever before. Technology is definitely evolving in real time, new laws are creating a tangled web of regulation, and consumers are savvier and more in control than ever.
Fortunately, the 36th Annual BAA / PMA Marketing Law Conference – themed Navigating the Marketing Law Maze – is here to help you find that elusive piece of cheese at the end. Taking place November 5 – 7, 2014 at the Windy City’s Downtown Chicago Marriott, the conference is built for inside and outside counsel, marketing executives and the increasingly eclectic mix of professionals caught at the crowded intersection of compliance and … Continue Reading
Brands and the agencies that help market them have full plates. Just keeping up with the way technology has changed, and how brands communicate with customers is, to say the least, a full time job. But, there are so many things that affect businesses, not the least of which is how government regulation can either help or hinder what we do.
That’s why organizations like the American Association of Advertising Agencies (4A’s) are so important. Among its many roles, the 4A’s advocates for advertising and marketing agencies and the other businesses it supports on a wide variety of issues. Some of the biggest items on its current docket:
The deductibility of advertising spending: Tax law has traditionally treated advertising as … Continue Reading
We live in a world of product innovation. There is sea change going on in media and technology. It seems that there is a new media platform and revolutionary device announced every week. Advertising is the currency that allows the offering of free information and services in media to consumers. Consumers absolutely want free content and do not wish to pay for it. Advertising has evolved to keep pace with changes in viewing habits, device use, technology innovation and taste and content. To keep pace with the advertising evolution, there is a critical need for industry self-regulation. This is the role of the National Advertising Division (the NAD).
The best way to establish trust with consumers is to establish standards … Continue Reading
It’s hard to overstate what a “thing” Advertising Week has become. Since it was launched in 2004 by the late Ken Kaess, then chairman of the 4As, Matt Scheckner, and a team that included Burtch Drake, Ron Berger, and Mike Donahue, the conference of advertisers and advertising professionals now comprises more than two hundred and fifty events and more than one hundred and ninety seminars and workshops over four days. This year’s attendance is expected to exceed 90,000 people.
And talk about spanning generations, last year, in addition to a parade and Advertising Week reps opening the trading day on the floor of the NASDAQ, the conference featured presentations as diverse as Sabrina Calouri, Vice President of Digital & Social … Continue Reading
For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get their thoughts. Drum roll, please…
In my final post regarding the “State of the Creative,” I sat down with StrawberryFrog to discuss the state of the creative today with the agency’s Founder and Chief Executive Officer, Scott Goodson and Chief Creative Officer, Kevin McKeon.
QIn this new era of data and technology, what has been the fundamental change for creatives? AScott: Well, there are new possibilities for creatives today compared to when I founded StrawberryFrog in… Continue Reading
So far in the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, and 360i. This week we continue to examine what it means to be a creative in today’s world…
I sat down with Nick Law, Chief Creative Officer at R/GA, to discuss the state of the creative today.
QIn this new era of data and technology, what has been the fundamental change for creatives? AThe biggest change has been the growing complexity of media and the opportunities that this affords. QWhat does it mean to be a creative today? AIn our industry creative was once primarily about telling stories. Now that the media… Continue Reading