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19 Cards in this Set
- Front
- Back
Illegal actions are just subset of
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unethical actions
Leaving car at meter is illegal but not unethical Punch as unethical but not illegal (also cigarette example) |
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AMA's ethical norms (3)
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As marketers, we must
1. Do no harm-consciously avoiding harmful actions or omissions by embodying high ethical standards and adhering to all applicable laws/regulations 2. Foster trust in the marketing system-striving for good faith and fair dealing, avoiding deception 3. Embrace ethical values-honesty, responsibility, fairness, respect, transparency, citizenship |
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How does FTC determine if an ad is deceptive (2)
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1. Would it mislead a reasonable consumer? (typical person viewing ad-FTC doesn't just focus on words..also pics and context
2. Does advertiser have proof to back up both "express" and "implied" claims--seller of product |
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Express claims
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Tests prove...doctors recommend...studies show (explicit factual claims)
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Implied claims
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A claim made indirectly or by inference
Example: we prevent the germs that cause colds (indirectly prevent colds) Advertisers must have proof to support both express and implied claims (Airbrushing may be implied claim) |
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3 types of ads FTC most likely focus on
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1. Ads that make claims about health or safety (big focus)-our sunscreen reduce skin cancer
2. Ads that make claims that consumers would have trouble evaluating for themselves (don't have expertise) 3. Ads aimed at vulnerable customers (like kids, elderly, no edu) |
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Puffery
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Subjective, rather than objective, claims that no "reasonable customer" would take seriously
We have best taking juice papa johns does puffery |
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3 common penalties for false ads
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If FCC sees you screw up
1. Cease and desist orders (stop running, fine violation) 2. Civil penalties (thousands to millions) 3. Run corrective ads |
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You can imply, but not
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explcitly say something false!
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3 FTC rules on disclosures
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Have to be very clear
1. Must be clear and conspicuous 2. Small print can;t be used to undo claims made in ad, or clear up misimpressions ad would otherwise leave 3. Fine to use small print, footnotes to clarify or elaborate on statements |
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When introducing new brand, don't have people
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speak fast in commercial
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2 Rules on celebrity endorse
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1. One time fees paid to celebrity endorser need not be disclosed (of celebrity based on sales volume, conpensation must be disclosed)
2. Celebrity has duty to investigate truthfulness of claims--like company, celebrity can be held liable for sale claims..many seem indemnification clauses |
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Liability can extend far beyond manu (3)
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1. Endorsers (celebrity or experts)
2. Ad agencies (expertise in evaluation ad) 3. But the media outlet that carries the ad is generally not viewed as liable...unless clearly dubious |
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FDC doesn't cover
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everything
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Counterfeits (3)
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1. One of the oldest crimes in history..former punish by death in 13th cent europe
2. Global market for counterfeits exceeds 600 mil 3. Quality of counterfeits has improved over years..some factories have ghost shifts..same designs after hours |
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People behave less well with
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counterfeit sunglasses on
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Sometimes, companies can do good and save money at same time (4)
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1. Experiment conducted at Holiday Inn in Tempe
2. Varied message on towel rack 3. Single occupant rooms only..need to be sure reuser reads message 4. Only look at data first stay Control condition (help save environment..37% reuse) Global norm condition (join your fellow guests...44% reuse) Local norm condition (join your fellow guests from this room...49% reuse) |
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Boomerang effects
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Descriptive norms provide a standard from which people do not want to deviate..but people go towards mean...but highlighting injunctive norm with smiley or frowney can fix this
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Can influence cognitive bias with impression...cookies
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Organic has less calories than non organic? not true
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