Results May Vary
Friday, August 28th, 2009Remember a few years back, when Subway ran their campaign featuring Jared Fogle, the man who lost a tremendous amount of weight eating Subway sandwiches?
Now, Washington is debating the legality and fairness of making advertising claims, like Jareds whose results may not be typical.
Senators want to protect their supporters from advertisers, while also protecting the interests of friends in the advertising community, Federal and consumer watchdogs want to protect consumers and punish the wicked. Advertisers want unscrupulous competitors shut down while retaining their own rights to sell their wares, as reported in a recent story in Radio Business Report.
RBR reports that Subcommittee on Consumer Protection, Product Saftey Chairman, Mark Pryor (D-AR) laid out the types of deceptive advertising he was concerned about, including bait and switch, ads disguised as news, paid bloggers, false testimonials, free offers, false advertising of green products and bogus claims in general. He added, the vast majority of advertisers are good, suggesting we must find ways to punish the bad minority without hurting the honest majority.
Also in question are consumer testimonials and whether it is fair to highlight those who have experienced extraordinary results with a product. Advertisers said yes, it is fair and often motivational to others.
The Federal Trade Commission is concerned that consumers exposed to deceptive advertising, particularly in health matters, fail to explore conventional treatment options, a dangerous situation that can sometimes lead to fatal results. One proposed solution is to require advertisers to disclose average results. Advertisers cry easier said that done, saying that even defining what an average result is can be nearly impossible, especially in the weight loss category.
Advertisers support self-regulatory practices, saying the last thing they want is the bad reputation and scurrilous competition from false advertisers. In fact, many complaints come from competitors, a healthy sign of a self-policing marketplace.
Industry support for self-regulation is over 90%, says C Lee Peller, President and CEO of the National Advertising Review Council. Advertisers who refuse to participate are referred to the Federal Trade Commission or other appropriate government agencies.
Radio Business Report concludes, Nobody is in favor of false advertising, least of all honest advertisers. But its extremely difficult to construct a dragnet that catches the crooks without also rounding up a large number of innocent. Speech is a slippery thing, which is why the First Amendment must be respected. Trust your instincts because as the old saying goes, the truth will set you free.
Danny Ocean, Vice President/Director of Operations