Advertising and Marketing

 

 

Effects of Advertising

Economic, Social, Legal

 

Eras of Advertising

1. Exaggerated Claims 1865-1900

No regulation

The Era of Snake Oil and Medicine Shows

 

“Snake Oil” is a derogatory term for compounds offered as medicines which implies that they are fake, fraudulent, or ineffective. The expression is also applied metaphorically to any product with exaggerated marketing but questionable or unverifiable quality.

http://blog.wired.com/gadgets/2007/11/10-awesome-gadg.html

Caveat emptor … “Let the buyer beware”

Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. 

Before statutory law, the buyer had no warranty of the quality of goods. In many jurisdictions, the law now requires that goods must be of "merchantable quality". However, this implied warranty can be difficult to enforce, and may not apply to all products. Hence, buyers are still advised to be cautious.

  

2. Public Awareness 1900-1965

  • Food and Drugs Act ‘06,
    • Inspired by Upton Sinclair’s novel, The Jungle
  • Food & Drug Administration ‘38

Federal Trade Commission was created in 1914

FTC regulates advertising-not Federal Communications Comission (FCC)

Advertisers must be able to substantiate their advertising claims. 

3 part test:

• Must not mislead
• Consumer viewpoint
• Material Misrepresentation

*Free Credit Reports

*National Do Not Call Registry


New Deal: Early to Mid 30s

Government’s responsibility to protect its citizens

  • “Alphabet Agencies” like SEC, FCC, FHA, FDIC, SSA 



3. Social Responsibility 1965: “The Great Society”

  • Medicare was born
  • Activist Federal Trade Commission, more pressure

 
Ad Council PSAs

www.adcouncil.org

Ad Council Video

Historic Campaigns

   Rosie the Riveter

   Keep America Beautiful

   McGruff the Crime Dog

   Buckle Up for Safety  

   Crash Dummies


4. Interactive Era: Backlash & Retrenchment?

Backlash: disenchantment with bureaucracies and onorous government regulation

• back to Caveat emptor?  

 
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