As mentioned, at BAA I gave a presentation on the interplay of marketing and advertising law to activate brands. Today I will share with you the final installment of this series…

What is shopper marketing?  It’s about harnessing technology and data to reach and influence consumers on their path to purchase – online to in-store.  It’s about creating a brand experience for the consumer – not just a brand or retail channel transaction.  It uses content, technology, promotion, data, social interaction and insights as tools for meaningful consumer engagement.

Shopper marketing is dependent on information and data.  But how does a brand or retailer collect and use the data? When does consumer data collection become invasive, and when do privacy … Continue Reading

As mentioned, at BAA I gave a presentation on the interplay of marketing and advertising law to activate brands. Today I will share with you the second installment of this three-part series…

Which generation are the real entrepreneurs of today? Is it America’s largest generation – the millennials? How about the boomers?

It’s really Generation Z – those born between 1996 and 2010 – children aged 6 to 20. In a recent survey of Gen Z, their top career choice was to be a serial entrepreneur. This generation’s new business tools are social and digital media with video content creation.  They use real time information to determine pricing and engage in e-commerce. And they do it all from the comfort … Continue Reading

Last week, leading lawyers, regulators and marketers attended the 38th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA, I gave a presentation on the interplay of marketing and advertising law to activate brands. Over the next few days, I will share with you three posts from my presentation. Let’s dive into the first one…

Every day, in-house attorneys make risk decisions when advising clients. It would probably be helpful for them to know what is on the regulators’ minds. But how do they find out?

Think about the mindset of the regulators that may be scrutinizing your industry. Remember that Attorney Generals are political animals who will track publicity; that the “reasonable person” standard invoked by … Continue Reading

There aren’t a lot of rules on the Internet. The World Wide Web is a wild west environment where the standard rules regarding sales tax, privacy, and decorum don’t apply. All of which makes it seem like a strange place for self-regulation. And yet, that’s the mission of the Advertising Self-Regulatory Council, the industry body that regulates advertising not only on traditional media such as print, TV, and radio, but also online.

Given how quickly advertising has expanded on Internet sites and social media, that’s not just a tricky job—it’s a very big one. This year, the Commissioner of the Federal Trade Association delivered a keynote at a summit hosted by one of ASRC’s constituent organizations (the Electronic Retailing Self-Regulation … Continue Reading

Earlier this year, I had a revealing conversation with three transformers. I’m not talking about characters from a summer blockbuster, but instead senior marketing executives from three iconic brands: Absolut, GE, and Google

The subject of our discussion was the ways in which advertising agencies need to transform to serve a new generation of clients. (A subject they know well, since they are driving that transformation.) Today, we get to hear more from: Afdhel Aziz, Global Brand Director for Absolut.

Absolut, always a marketing pioneer, has created something innovative with the latest project that Afdhel is leading, Absolut Labs. Described as a “marketing innovation lab,” Absolut Labs put the brand at the heart of the nightlife scene, facilitating connections among … Continue Reading

When listeners turn on the radio these days—terrestrial, digital, or satellite—they can tune in to precisely the content they want to hear: country music, sports talk, alt rock, or whatever their tastes call for. What if radio worked the same way for advertisers? That is, what if brands could serve their messages to precisely the audiences they wanted to reach? Punk rockers, workout warriors, or commuters with a taste for political talk. Through advances in technology and data collection, we’re starting to find out.

The nation’s biggest radio and streaming services have been busy building out technology that allows advertisers to target audiences based on their musical tastes. Few pieces of data give advertisers greater insight into a consumer than … Continue Reading

The Federal Trade Commission (FTC) last month announced the agenda for its workshop “Putting Disclosures to the Test,” (Workshop) planned to take place on September 15 in Washington, DC.  The Workshop will focus on testing and evaluation of disclosures in both digital and traditional media.

Last summer, we noted that disclosures, especially for endorsements and testimonials,  were coming onto the FTC’s radar and would likely see heightened enforcement. Since then, the FTC has increased its scrutiny of advertising and privacy practices where it believes marketers are not adequately disclosing key details to consumers.  For example, Warner Brothers Home Entertainment in July settled the FTC’s charges that it instructed paid social media influencers of the video game … Continue Reading

Today’s agencies are expanding more quickly and aggressively into new jurisdictions than ever before. That isn’t a project to take lightly.

Advances in technology and the globalization of business have facilitated the process of international expansion to some extent, but the fact is that great regional differences remain: in business cultures, regulatory environments, and more.

All of which makes the question of when to pull the trigger on taking an agency abroad a difficult one—challenging enough, in fact, to make an executive wish they had a crystal ball.

How I See It Business is global today, and for many firms it is imperative to serve clients from many global locations. But expanding for expansion’s sake alone is not a path… Continue Reading

20,679 physicians say Lucky Strike [cigarettes] are less irritating. It’s hard to imagine that a claim from a 1930s Lucky Strike ad survived today’s regulatory and class-action environment. Someone would take a shot at the ad: a competitor brand, the Federal Trade Commission (FTC), or consumers.

But maybe we haven’t evolved all that much. Here is another number: advertising claim substantiation fails nearly three out of four times. This one is true. Looking at 68 consumer perception surveys deployed by brands and their challengers from 2006 to 2011, 71% were deemed unreliable by the National Advertising Division (NAD) of the Council of Better Business Bureaus, which offers alternative dispute resolution for advertisers.

The FTC advertising standard, which dates back to … Continue Reading

As mentioned in my last post, over the next few weeks, I will be sharing with you a few articles I co-authored that were included in our Lessons Learned/Practical Advice publication. (To read the full publication, click here.)   Each article suggests steps that marketers and agencies may take to decrease risks and help ensure compliance with applicable laws and regulations.

This week I will share my article on the National Advertising Division of the Council of Better Business Bureaus (the NAD) that I co-authored with Davis & Gilbert Advertising, Marketing & Promotions Partner, Aaron Taylor.

NAD

2015 was another eventful year for the National Advertising Division of the Council of Better Business Bureaus (the NAD). Fifty-six competitor challenges were … Continue Reading