This week, leading lawyers, regulators and marketers attended the 37th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Over the next few days, I will share with you three video clips from my presentation. Let’s dive into
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.…