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The Federal Trade Commission (FTC) ended 2012 with a bang by adopting final amendments to the Children’s Online Privacy Protection Act (COPPA). For those of us who work in children’s advertising, these long awaited amendments came as no surprise. The final amendment, which goes into effect on July 1, 2013, came only weeks after the FTC issued a report that found that mobile applications have demonstrated “little progress” in addressing concerns about the privacy of children’s data.

COPPA was first enacted in 1998 and requires that operators of websites and online services that are either directed to children under thirteen or have actual knowledge that they are collecting personal information from children under thirteen notify parents and obtain their verifiable consent before collecting, using or disclosing personal information from children. The FTC initiated the review to ensure that keeps pace with evolving technology, such as mobile devices and social networking. In other words, the FTC wanted to ensure that COPPA protects the six year old child you see on the bus everyday playing with his parent’s iPhone.

Fast forward to the present. In a move intended to give parents greater control over data collected about their children online, the recent amendments to COPPA increase its scope, requiring additional types of companies to obtain parental consent before collecting personal information from children under thirteen. Specifically, child-directed sites or services that integrate outside services, such as plug‑ins and advertising networks, which collect personal information, are now covered by COPPA. Plug‑ins and ad networks whose operators have actual knowledge that they are collecting personal information through a child-directed website or online service are also now subject to COPPA. In addition to expanding the kinds of companies under COPPA’s purview, these amendments also expand the types of information sites and services are not permitted to collect, use or disclose without parental consent. Geolocation information, photos, videos, and audio files that contain a child’s image or voice, and persistent identifiers that can be used to recognize users over time and across different websites all require parental consent prior to collection. One important exception to the rule is any circumstance in which an operator collects a persistent identifier for internal operational purposes-for example, site analysis and network communications. In such instance, no parental consent is required.Continue Reading FTC Amends COPPA to Strengthen Children’s Privacy Protections

Spotting industry trends and making forecasts for a year ahead is a challenge, especially in an age of constant change and technological developments.  The way I see it, in terms of trends, it is critical to seek out the best when you need to spot trends and discern the real change elements at work.  After offering my year in review and looking back at the trends in 2012, it’s time to also look ahead.  We are at the dawn of a new year – a year filled with potential and uncertainty.  So, let’s get some clarity on what the future holds.

The Way the Industry Sees It


I had the pleasure of speaking with Marian Salzman, CEO of Havas (formerly Euro RSCG) Worldwide PR, North America, who is viewed as the trendspotter in the world today, about her thoughts for the year ahead and some secret tips to spotting trends for the advertising industry.

I’m always fascinated by your annual trends reports.  Without revealing any secrets, could you explain your process for identifying trends and making forecasts for the coming year?

My thing is pattern recognition, incorporating an eye for the oddball statistic.  There would have been no metrosexual mania, at least not instigated by me, if there hadn’t been a few stunning numbers popping.  Back in 2003, guys began to feel they were no longer guaranteed to be CEO of the bedroom or the boardroom.  They suddenly had a serious interest in the kitchen.   Straight men were increasingly comfortable socializing with gay men.  2003 seems like the dark ages, but it illustrates the kinds of observations that set me off on an investigation.  Ever since Al Gore invented the Internet (kidding) in the early 1990s, I have been a huge information surfer.  Today, this process can be automated for me with services such as Factiva clipping in real time.  Finally, my trendspotting would be much less robust if not for an informal network of trendspotters around the globe who log in all kinds of sightings.  (In fact, I did not invent the word metrosexual—it was invented by journalist Mark Simpson in the early 1990s.  But it was forwarded to me by a colleague and I matched the word to my sighting, Men Get Softer – the rest was history.)  This past year, I launched TrendsU, an e-learning program about how to trendspot, for all Havas staff around the world.  About 550 people from around the world studied the four modules and shared their sightings with me, and even pictures are now compiled (the thousand-words adage never rang more true) on our TrendsU Pinterest board.[/a]

In 2012, you focused on the trend toward achieving a grainy, “Polaroid” effect for digital photography with the popularity of apps like Instagram and Hipstamatic. How do you think the world of apps and wireless will evolve in 2013?

Wireless will be so ubiquitous that discussing it will be almost like talking about the Internet or even the dial tone.  I agree with a recent post of yours that it will be very interesting to see how the advertising, marketing and communications industries will adapt to a wireless world.  I remember helping on a pitch for IBM back in the dark ages for which we interviewed people about the future, and Kevin Kelly, the co-founding editor of Wired, talked to us about the future like it would happen a week from Thursday.  Well, it’s finally a week from Thursday, and always-on, constant connectivity is the new normal.  People take mobile devices to bed, to the toilet and onto airplanes and assume, voilà, they’ll be connected because connectivity is a given.  Back in 1993, Kelly told us connectivity would be like air or water.  Apps for 2013 are like software was a decade ago, except that the innovations are coming every 22 seconds.  Before you know you need an app, there it is.  Simplification has been a trend for 15 years, and apps are the epitome of simplification.  Branded apps are a given.  Tablets are making apps even more essential.  I want to do more on the fly, more quickly, and an app ensures I get it done, seamlessly.  The app I expect next year is for voting – the most prehistoric thing we still do without much connectivity.  Seriously, in 2013, you want me to walk to a school and fill out some paperwork and pull levers?  How very last century.  Once Americans can vote online using apps and smartphones or tablets, expect a much more engaged population to be that much more connected on issues and topics that matter to them.

Continue Reading What’s Next in 2013: A Lesson in Trendspotting with Marian Salzman

Ah, December 31st.  Each year, the ball drops in Times Square, and people count down excitedly from ten as they plan their resolutions for the New Year, and clink champagne flutes to toast to the year ahead.  New Year’s Eve is all about glitz and glamour, from the sparkle of the Times Square crystal ball to the abundance of black tie affairs.  New Year’s Eve is the top and the most festive of holiday celebrations.  The holiday has become synonymous with a certain alcoholic beverage in particular: champagne.  Bubbly is the drink of choice for party-goers.  And leading up to this night, champagne brands are busy marketing to have their corks popped most on New Year’s Eve.

The Way I See It

  • I see champagne advertisers reflect the mood of the audience to ensure that its presentation is true to both the holiday and how consumers feel based on the economy and current events.
  • I see brands continue to focus on fun and romance. The holiday is synonymous with romance – kissing at the stroke of Midnight, planning a proposal for the big night, or even a New Year’s Eve wedding.
  • I see champagne marketers continue the shift towards advertising in digital and social in new and unique ways.
  • I see champagne brands continue to increase sales and market penetration beyond simply the traditional buyers and holidays.

The Way the Industry Sees It


I sat down with Jon Potter, Executive Vice President of Brands at Moët Hennessy USA, to discuss marketing around New Year’s and effective campaigns for the champagne market.

There’s no question that champagne is the drink of New Year’s Eve. But how did it become that way?  What role does marketing and advertising play in terms of ensuring champagne “owns” the holiday? How do you continue to make champagne relevant for each new generation?

For as long as people have been socializing together, having fun and enjoying each other’s company, champagne has been present.  And what other night of the year embodies that better than New Year’s Eve, when friends and family join together to toast the past and look ahead to the future.  Champagne is the quintessential drink to mark occasions big or small.  As Napoleon is quoted as saying, “Champagne – in victory you deserve it; in defeat you need it.”  Today, consumers have more choice than ever when it comes to champagne, wine and spirits so marketing plays an important role in keeping champagne top of mind and relevant for consumers whether that is through limited edition packaging, special events or unique partnerships.

With champagne typically viewed as a luxury good, how do champagne brands remain competitive in a tough economic environment? Did the economic downturn have an impact on champagne sales in recent years?

The recent economic downturn was challenging for many sectors of the luxury market.  However, we are fortunate that the Moët Hennessy portfolio of champagnes is second to none.  Our champagne houses have incredible heritage and an uncompromising focus on quality that consumers know and trust.  This is important in times of uncertainty when consumers are more cautious and less likely to try an unknown brand.

Continue Reading Toasting to the New Year

It’s hard to believe 2012 is coming to an end. It was a big year for us here, with the launch of Madison Ave Insights in October, and a notable one for the advertising industry. As always, agencies tried to top the year before with bigger and better creative, regulatory agencies stepped up oversight and enforcement, and technological advances happened at a pace that seemed like every minute. From the Super Bowl to Cannes to the Summer Olympics to the Presidential election, marketers have been busy year-round with how to balance rapid change and new technology with threats from regulators and competitors while doing great creative and effective advertising. This has been a very hard dance to learn.

Among countless others, here are a few key trends and developments from 2012 that will have long-lasting implications for the advertising industry (that is, if the Mayan calendar is incorrect).

Data: Data is without a doubt changing the advertising industry. With more platforms and devices collecting consumer data, including smart phones, tablets, and mobile apps, data has increasingly become a critical tool for marketers and advertising agencies. Of course, we are all still learning the best ways to collect, manage, and use data without violating basic data security and consumer privacy standards. This year, data brokers have faced scrutiny for selling consumers’ data, and brands have been questioned for data collection practices. With data collection and management tools advancing, and data analytics becoming the “it” profession, all of us are eager to see what will be next and how the advertising industry applies and develops data to benefit all of the constituencies – consumers, marketers, agencies, publishers and technologists.Continue Reading 2012: A Retrospective

During the holiday season, helping others is on many people’s minds.  We see more charitable branding and increased advertising to encourage people to give – to capture the true spirit of the holidays.  Right after the shopping whirlwind of Black Friday and Cyber Monday, we celebrated “Giving Tuesday” with the hashtag #GivingTuesday trending on Twitter. Many large charities are encouraging donations on social media, among other platforms. Text a number and you can donate $10 to American Red Cross to help the victims of Hurricane Sandy.  Salvation Army volunteers are ringing their bells on street corners and outside of suburban shopping malls.  St. Jude Children’s Research Hospital launched a Thanks and Giving campaign across a variety of platforms – television, online and print– partnering with a number of nationwide retailers to allow shoppers to make a donation to St. Jude during in-store or online checkout.

For most large companies, a Corporate Social Responsibility (CSR) strategy is a key component of each annual strategic plan.  Charitable giving is a large component of that plan, and the holiday season is prime time. Certainly business giving back is the right thing to do as a matter of societal obligation.  The question to consider is whether it actually helps build brand loyalty and makes business sense from a marketing, advertising and sales basis.

The Way I See It

  • I see more companies and influential brands not only making CSR strategies a significant part of their annual missions, but also striving to make CSR a part of their corporate identity and brand.  CSR has become a part of branding, marketing, and advertising efforts year-round.
  • I see new start up’s, especially in technology, social media and new products/services, have as their core positioning – a CSR backbone, and this as an element that both motivates the participants and attracts like-minded customers.
  • I see consumer brands continue to strategically partner with charitable organizations to integrate the process of raising funds for the charities with purchasing consumer goods and services.  I see marketers, advertisers and charities recognizing a real win-win.
  • I see skeptics who say “CSR is dead” and argue against strategies involving charitable giving – for instance, a business school professor recently published “The Case Against Corporate Social Responsibility” in The Wall Street Journal.  In a tough economic environment where every expense must be challenged, I see the increased use of hard data to support the economic proposition that CSR is good for the long term, and if done right, even better for the short term.
  • I see increased regulatory scrutiny of charitable giving and tie-in’s. With the rise of social media and web giving, there is a greater opportunity for fraud. Many states strictly regulate such programs. In October, the New York Attorney General’s Office issued “Best Practices for Transparent Cause Marketing,” after conducting a study of various CSR programs to benefit breast cancer.

The Way the Industry Sees It


I sat down with Dorothy Jones, Vice President of Marketing at Susan G. Komen for the Cure, to discuss Corporate Social Responsibility and what it means for branding, consumer engagement, and the importance of being strategic.

In what ways have Corporate Social Responsibility efforts evolved in recent years?  Did the financial crisis and the current state of the economy have an impact on charitable giving efforts?

We did not see a change in commitment from our corporate partners overall, although we did see the impact of the recession and unemployment in certain industries and in fundraising from individuals, which we expect will improve as the economy improves.  This tells us that business people understand the value of their commitment to Corporate Social Responsibility programs especially in difficult economic times.  This kind of commitment allows us to meet the extra demands for services that organizations like ours provide to people in need.

How important are the holidays to charities in terms of fundraising? Is there a seasonality to charitable efforts?

The holidays are always a special time in general.  Organizations also experience their own seasons – for example, we do a significant amount of fundraising in the fall during National Breast Cancer Awareness Month and in the spring, around Mother’s Day, when people are remembering, celebrating, or honoring the women in their lives who have faced breast cancer.

Continue Reading ‘Tis the Season for Giving

The holidays are swinging into full gear, what better time to… reminisce?  Every year, it seems there is a new “hot” item on the shelves that our children, family, and friends have on the top of their wish lists to Santa.  I will never forget the Ty® Beanie Babies phenomenon, the holiday season when people of all ages were frantically hunting for Tickle Me Elmos, or those Tamagotchi keychain games that flew off the shelves faster than you could say “Tamagotchi.”

All of these hot-ticket items were wildfire brands – they launched onto market and became overnight hits with consumers.

And though product makers are thrilled with such rapid-fire consumer hits, there are a number of brand protection concerns that they must work to address while the sales ratchet up in order to protect the brand’s increasing value.

The Way I See It

  • I see new and innovative wildfire products and brands continuing to be launched onto the market through a variety of marketing channels, but especially through viral videos and social media marketing.  As in the past, many of these wildfire brands will become a symbol of a generation and instant pop culture hits.
  • When the products begin flying off the shelves, I see brands working to protect their product and intellectually property from counterfeiters, and other potential threats to the brand – those trying to take advantage of the hit item by trying to produce something similar at a lower cost in order to benefit from the brand’s increasing value, or trying to pass off their goods by using similar trade dress or marks.
  • I see marketers working to launch creative ads and campaigns to continue the sales momentum of the initial brand proliferation period, ensuring the product’s long-term sales growth in addition to its short-term sales spike.

The perfect recent example of a wildfire brand is the Snuggie®, which sold over four million units in three months.  Its launch to market was an interesting one, with a single TV ad, launching the Snuggie® to become an instant pop culture phenomenon.

The Way the Industry Sees It

I sat down with Scott Boilen, President of Allstar Marketing Group, the company behind many high-profile consumer brands, to discuss brand proliferation and protection.

You’ve seen wildfire success with a few leading consumer brands.  In your experience, what is the most critical precaution to take before launching a product to market in order to ensure brand protection?

As a company, the single most important thing we can do to protect our brand is to make sure all trademarks are applied for and all materials are copyrighted prior to debuting a product.  We also seek patent protection when feasible.  When launching brands with an aggressive “As seen on TV” campaign we build mass awareness in a very short period of time. If all pre-launch legal items are not buttoned up, we are leaving ourselves open to companies trying to piggyback off our success with similar marks, logos or other materials in an attempt to create brand confusion.  Right after launch, we also begin to monitor the market and aggressively do what we can to stop the marketing of any infringing product as well as halting counterfeits from coming to the United States from overseas.

The Snuggie® was launched in October 2008, right at the height of the economic downturn, yet sold over four million units in three months.  With a brand as popular as Snuggie®, are there particular obstacles and challenges that arise during the initial time period of the few months during which the brand is skyrocketing?

The launch of the Snuggie® blanket created tremendous consumer awareness.  It was critical that we ensured we were using our marks in a way that was consistent and protectable. We had many companies attempting to bring out similar products with marks or logos in an attempt to confuse the consumer.  We were successful in shutting down every violator.  This was made possible as our marks were registered and used in a consistent way as to make them defensible.  Ensuring that our own employees, agents and representatives used the marks correctly was integral to the education we also provided to folks in the media when the brand was discussed.  While there is a fine line between getting as much exposure for the brand as possible and making sure the marks are not diluted when not used properly, we did a great job of maintaining a strong brand along with a great product in the United States and abroad.

Continue Reading Brand Protection Concerns for Wildfire Consumer Sensations

Increased mobility and access to information with digital media and mobile gives consumers real power to shape the marketplace.  Yet consumers can be fickle and easily distracted, to say the least.

With so many options and constant change, the question for advertisers is:  how do we determine what reasonable consumer behavior and perceptions are when the norm is rapid change?  Let’s look at some examples of what it means to be “reasonable.”

In a recent class action lawsuit, consumers claimed they were deceived into believing Fruit Roll-Ups and Fruit by the Foot snacks are made with real fruit.  Using the word “fruit” in the name, along with images of fruit on the packaging, could be enough for a “reasonable” consumer to believe that there was real fruit.  The court said that the ingredients list could not correct the message that “reasonable” consumers took away from the rest of the packaging.Continue Reading Choices, Choices: Do Consumers Really Know What They Want?