Hasta La Creative!

Truth in advertising is, by some, considered an oxymoron. Like “deafening silence” or “clean coal.” Yet, each day commercials run that make outrageous claims, but nothing seems to be done about them. For instance, the ShamWow; the announcer pours a can of cola out on the table in a big pool. The camera cuts to the announcer as he asks, “Are you catching this camera-guy?” The scene cuts back to the table and half of the mess is mysteriously missing. 

The government agency in charge of false advertising is the Federal Trade Commission, and there are several pages on their website dedicated on spelling out what are, and are not, deceptive practices :

Under the Federal Trade Commission Act:

• Advertising must be truthful and non-deceptive;
• Advertisers must have evidence to back up their claims; and
• Advertisements cannot be unfair.

What makes an advertisement deceptive?

According to the FTC’s Deception Policy Statement, an ad is deceptive if it contains a statement – or omits information – that:

• Is likely to mislead consumers acting reasonably under the circumstances; and
• Is “material” – that is, important to a consumer’s decision to buy or use the product.

The FTC is also concerned with the roles that celebrity spokespeople play in selling products, and has instituted changes to “Tuides Concerning the Use of Endorsements and Testimonials in Advertising.” If a false claim is made by a celebrity, the FTC will hold the advertiser responsible for the misleading claim, but also expert and celebrity endorsers.

Additionally, celebs cannot state that they love bacon and have it everyday for breakfast when they’ve never eaten bacon, nor would consider it as food. The same is true for the “magical time” continuum on TV: there has to be a reasonable semblance to the the truth. If Joe’s Bleach states that a stain will be lifted in thirty minutes, the trials have to be relatively close to this timeframe (ie, it can’t take a day). Celebrities will also be liable for what they do not say; if a professional  baseball player shows up on a talk show and plugs a product, he has to state that he is a paid sponsor for the product. 

With the proliferation of commercials on TV, it’s apparent that the FTC cannot enforce these statutes; however, Kellogg’s Cereal recently settled out of court due to claims that Frosted Mini Wheats boosted a child’s attention span by 20 percent versus children that did not eat breakfast at all.

Jeff Louis: Strategic Media Planner, Project Manager, and New Business Coordinator. His passion is writing, contributing to BMA as well as freelancing. He’d love to hear from you: linkedin.com/in/jefflouis or twitter.com/jlo0312..

This is an excerpt of an early 2009 interview with a McDonald’s Coffee-Banger Street Lieutentant who asked to be kept off the record. I asked him what he would do with $100 Million…

“A hundred million? We’d use it to knock Starbucks the *&^% out! Yeah! We’re tired of that punk chain hanging around. Don’t they know who we are? We are Mac-Don-Olds! MacD. Or Big Mac, to our friends. And that Starbucks been runnin things for too long. I thougAwright man, so here’s the story. Starbucks been cornerin the coffee business for a while now, you know? And for us, that was too long. They lost their focus. Got sloppy. Opened too many stores. Charged too much. People got tired of goin there, ya know? So, other shops started hanging out on their turf, right? Dunkin’ Donuts. 7-11. Caribou. They all make a pretty mean brew. And, you know what? A dude don’t have to wait in line for no 20 minutes at those other places, or use fancy terms that don’t make no sense! A grande means small! What? All them other places produce quality product…and it’s all about gettin’ caffeine into the blood, right? Mmm. I can feel it now.ht we had ‘em a couple months back, but they hung on like a booger. But we got the credibility, ya know?

We were just watchin, you know, playin’ it safe for a while, but then we got tired of those little coffee-bangers running around…this is our turf. They was ruining da whole coffee business! We are Mac-Don-Olds. King of all these streets! Why not let the real King take over? We brought in all the heads, the bosses, and met out at Hamburger U. It was decided to sock it to ‘em! Free Coffee Mondays. Everywhere. Give it away, earn their trust, then sell it, sell it, sell it! All the way to the bank.

(KFC tried to do it with chicken… Chicken? Who wants to walk around with a chicken breast in their hand!? Man, give ‘em a Coke! But not a hunk of chicken!)

Anyway, Starbucks started runnin’ around, not sure which way they was goin’…sending out crazy messages that they weren’t “special,”  just a regular cup of Joe. What regular coffee costs $4? Well, they cut their own brand apart, right out from underneath their own-selves. Punks! But, they still here. So, now we gonna finish it, And, after we’re done with Starbucks, we goin’ after that creepy-King-looking %*&!)$&@#+)$ that plays with sponges…”

And there you have it…McDonalds once again to make the streets a virtual coffee war zone. AdAge printed a story this morning, speaking with Neil Golden:

“I assure you that we’re going to be surrounding the consumer with very relevant messaging,” said Neil Golden, chief marketing officer, McDonald’s USA. He said the initial ads “will pulse on and off very strongly through the summer, with sustained weight well into 2010.” 

The fast-food chain won’t state how much they’re going to spend overall, but the goal is to add $100 billion to the bottom line in 2009. With McDonalds on the prowl again, the other competitors are circling the wagons for the upcoming battle.

Starbucks, after directionless floundering a month ago, finally responded by running full-page newspaper ads designed to tell their story and to warn consumers not to “trade down.” This marks the first branding campaign of any weight in years, and comes six months after  Wieden & Kennedy quit the account, citing that Starbucks did not seem receptive to driving the brand forward.

One  has to wonder at the recent choices made by Starbucks, and their new agency, BBDO. They’ve closed 600 stores, cut  1000 jobs, and sent out conflicting messages that stated “we are like everyone else” but “we are still the premium  choice.” To top it off, they choose newspaper, a medium that is failing in its own right, to deliver their messaging?

 Time will tell if Starbucks is able to survive in the long-term, but one thing is certain: McDonalds is coming. Again.

 Jeff Louis: Strategic Media Planner, Project Manager, and New Business Coordinator. His passion is  writing, contributing to BMA as well as freelancing. He’d love to hear from  you: linkedin.com/in/jefflouis or twitter.com/jlo0312.

Coca Cola Co. adopted a new strategy to save on media budgets and hold agencies responsible for providing performance. Under the “pay for performance” plan, Coke guarantees to reimburse only what an agency has expends unless said agency can prove performance based on predetermined success measures. We, as advertisers and marketers are notorious for speaking in ROI terminology, but the proving part is a different matter altogether. Agencies currently serving the soft drink giant will not profit without delivering. If Coke successfully demonstrates this value-based model, look for other companies to soon implement the same type of programs.

Under Coke’s new plan, there are no guarantees. Which, in theory, is exactly the same method advertisers conduct business with media partners to ensure accountability for poor performance. If a media partner underperforms, it is expected to “repay” via additional media weight, no-charge advertising, and in rare cases, a refund.

Outside of the agency niche, a business transaction occurs when I say I want X, and you deliver X. As an example: I sign a contract to have my house painted. However, only half of the house gets finished, but they state that they’re done. That wouldn’t fly…I’d be contacting the comapny, demanding my money back, trying to get the house finished, and if necessary, going to court.

Advertising agencies have stood by the fact that intangible processes, such as creativty branding are hard to tack down with a specific return on investment dollar amount. And they’re…some of what client companies receive from agencies can be classified as “art rather than advertising,” and how much does a masterpiece run? I’m being facetious, but not really. Think back on campaigns that not only defined the brand, but redefined the company itself. A couple for Coke comes to mind immediately:

It’s hard to price someting like that. Or even the Mean Joe. Or a revised version of the1971 spot, seen above:
Activity doesn’t equal value, or at least that’s the premise driving Coca Cola’s pricing model. However, this allows the agencies to rise to the occasion and receive more compensation than the would have, with up to a 30% “commission” if their delivery is spot-on. With Coca Cola’s worldwide budget at $3 billion, the compensation possibilities are lucrative.

How Coke’s new compensation will work:
BEFORE: Agencies and Coke negotiate in advance how much profit the former will see on a given project.
AFTER: Agency is guaranteed only recouped costs, with any profit coming only if certain targets are met.
BEFORE: Agency decides what Coke should pay for a project based on the time it expects to expend on it.
AFTER: Coke tells agencies how valuable a project is based on strategic importance, whether other agencies could deliver the same outcome, and other factors.

Remember what you’ve read…because if it works, it’s COMING SOON TO A CLIENT NEAR YOU, SOON!

Jeff Louis is a Strategic Media Planner, Project Manager, and New Business Coordinator. His passion is writing, contributing to BMA as well as freelancing. He’d love to hear from you: linkedin.com/in/jefflouis or twitter.com/jlo0312.

Oh how we love us a weird-ass, whacked out Japanese television commercial.

“He likes big butts and he cannot lie,” and, the spooky King of fast food has grabbed more press this week than all his competitors, combined.

This time, the creepy King has teamed with popular Bikini Bottom star and actor, SpongeBob SquarePants (of Nickelodeon fame) to promote a 99-cent BK Kids Meal. They released a new 30-second spot this week, and it’s a banging hit, ranking third for viral video views according to Visible Measures. This disparate pair has our attention!

Yet, the duo has gained unwanted scrutiny from the activist group Campaign for a Commercial-Free Childhood, an organization made up of educators, healthcare practitioners, activists, parents, and authors. A portion of their Mission Statement reads:

The commercialization of childhood is the link between many of the most serious problems facing children, and society, today. Childhood obesity, eating disorders, youth violence, sexualization, family stress, underage alcohol and tobacco use, rampant materialism, and the erosion of children’s creative play, are all exacerbated by advertising and marketing.

Damn! I’ve been blaming my parents and society all these years! I suppose that the only thing left to say now is, “I’m sorry,” and, if your child’s singing, “I like square butts and I cannot lie…” it’s time to head for Burger King.

Jeff Louis is a professional Senior Media Planner, Project Manager, and New Business Coordinator. His passion is writing, contributing to BMA as well as freelancing. He’d love to hear from you: www.linkedin/in/jefflouis or on twitter @jlo0312.

Fighting for (or against) a cause amid the ever-shifting social media landscape is the one of the greatest benefits of having a social voice: the accessibility to use it. If you bitch, someone’s listening. If you praise, someone’s listening. If you need to get the “word” out, someone’s there to help. Yet, as with any “voice” others may hear, prudence cautions us to: “Use your voice wisely.”

Why? The “Three I’s:” Impropriety, Inequality, and Injustice. A threat to the “I’s,” real or perceived, will ignite a flame of backlash that will cross the synapses of cyberspace at light speed. The message, like a painful Internet toothache will rouse the sleeping giant of “violated rights” to respond, repel, and, yes, retaliate. People are listening; intertwining with social media as it spreads in ever-widening, influential spheres, integrating into our lives as easily and quickly as mobile technology. Content is king, and it’s powered by users. Beware! Any misstep or lack of discretion in the social arena will bring down the unwelcome glare of public scrutiny. Just ask Amazon.
So, when the “Gathering Storm” video debuted on YouTube, it roused the slumbering giant to quickly became a target. The one-minute video, posted by the National Organization for Marriage (NOM), speaks in a somber, calm manner about same sex marriage negatively affecting the lives of “everyday” people. Released a week ago, the video has received over 38,000 views on YouTube and been picked up by MSNBC’s Hard Ball, Wired, The Chicago Tribune, New York Times, and other mainstream sources. As of this morning: 2125 Diggs and nearly 700 comments. The Human Rights Council, proponents for same-sex marriage denounced the video as a “fake,” that promoted “fake” problems experienced by “fake” people.
Although it looks homemade, it drives NOM’s message right home…proving that we do pay attention to items that affect us. As if any proof were needed, there are six pages of rebuttal videos.

Jeff Louis is an experienced Senior Media Planner, Project Manager, and New Business Coordinator. His passion is writing, contributing here as well as freelancing. He’d love to hear from you:  www.linkedin/in/jefflouis or www.twitter.com@jlo0312.

Hearken back to the days of yore, when America was Built Ford Tough and Chevy had launched what was the start of An American Revolution, became The Heartbeat of America, and grew strong, Like a Rock. At the same time, Buick offered consumers The Spirit of American Style. The cars and the ads were  inspiring…making us want to love America more than we already did. Yep, the good ‘ol days, how we miss ‘em. Thus, it’s fantastic news to hear that GM is gonna bring ‘em back!

Will they be able to pull it off? GM would like us to think so, counting on their new “Total Confidence Plan (TCP),”  announced by several new TV spots meant to inspire America. The TCP provides payment protection if you get laid off ($500/month for up to 9 months), guarantees trade-in value for your vehicle, and also provides a 100,000 mile drive train warranty. The premise behind the spots is that GM is rebuilding from the “ground-up;” but, based on the ouster of former GM CEO Rick Waggoner, it looks like they’ll be using the famous ”top-down” strategy instead.

The spot anouncer starts with: “You know what America needs right now? America needs a comeback…”

No, what America needs right now is for GM to pull their own weight. There are two primary goals in business: 1) Make a profit, and 2) Stay in Business. Very simple. The third thing most pick up along the way: Keep the Government out of your business. Although GM’s restructuring efforts don’t seem to address a single one these items as of yet, it is only fair to give them more time…

(This Announcement was paid for by the Automotive Bailout Package, with funding and support from taxpayers like you.)

Tums comes to the rescue of those who love really good food.

From blow jobs to vodka mass retail?

To kick off its “engineering smiles for 50 years” campaign, PING puts founder Karstein Solheim on the platform.