It was an incredible three days in Chicago at the 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” During yesterday morning’s general session, I gave a presentation titled “Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments,” exploring not only the trends and changes in
Interplay of Marketing & Advertising Law to Activate Brands: What is Shopper Marketing?
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. …
Interplay of Marketing & Advertising Law to Activate Brands: What is the Uniqueness of Experiential Marketing?
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…
Interplay of Marketing & Advertising Law to Activate Brands: What is on the Regulators’ Minds?
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…
Disruption in Marketing & Advertising: Trust in Digital Media
As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Today I will share with you the second installment of this three-part series…
One of the biggest issues facing advertisers, marketers and agencies today is the concept of “Trust.” Not “Trust” in the context that advertising lawyers…
Finding Your Cheese in the Marketing Law Maze
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 /…
Brand Activation Association Marketing Law Conference: Demonstrations
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 actually would, as objective “proof” of performance. As such, it is especially important that demonstrations actually consist of a true and accurate portrayal of the product. When the FTC began bringing enforcement actions concerning advertising demonstrations in 1959, it encountered cases where products or props had been doctored, enhanced or replaced to achieve the desired performance, and the advertiser had not disclosed any modification. Even if the product claim itself was not false, the issue was that the demonstration was false. For example, in the early 1990s, Volvo ran an advertisement which showed a monster truck crushing other cars, except for a Volvo station wagon, in order to show that Volvo vehicles would provide superior safety in a collision. However, the commercial was produced by weakening the competitor vehicles’ roofs and reinforcing the Volvo’s roof, and then subjecting the Volvo to less severe crushing by the truck – none of which was disclosed to consumers. Subsequently, the FTC issued a consent order requiring Volvo to stop depicting demonstrations that involved undisclosed mock-ups or material alterations to products.Continue Reading Brand Activation Association Marketing Law Conference: Demonstrations
Brand Activation Association Marketing Law Conference – The Reasonable Consumer
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 you three video clips from my presentation. Let’s dive into the first one…
How do we determine “reasonable consumer” behavior? This is an increasingly important question in a world where the consumer population comprises people with differing views, perspectives, education levels, and experiences. The “reasonable consumer” is crucial in advertising law: this person interprets advertising, determines what claims are actually being made, decides whether there are any implied claims, decides whether a statement is “puffery,” and helps courts decide whether advertising is ultimately misleading or deceptive.Continue Reading Brand Activation Association Marketing Law Conference – The Reasonable Consumer