Googler’s Defense: “We’re Not That Big”

google_logo-smallGoogle, the leader in Search Engine technology, handles approximately 66% of all search engine traffic. So much, in fact, that when Michael Jackson died and his name spiked, Google thought that it was a coordinated attack.

Much like AT&T did two decades ago, Google is fighting back over anti-trust allegations although no formal investigation is underway.

Dana Wagner, the Googler known as “senior competition counsel” explains in the New York Times that “competition is just a click away.”

Google has been on the PR warpath, partially due to regulators watching its every move. Other tech companies such AT&T, IBM, Intel, and Microsoft suffered much of the same thing when it became apparent that there was no “real” competition. Google is clearly the leader in the search category, and it’s possible that the only “competition” may be from the US Government’s possible intervention. In November of 2008, the Justice Department killed a deal between Yahoo and Google due to concerns over market domination. But who is kidding who, right? Google already owns the market.

GoogleMountainViewThere are other investigations taking place. The Justice Department is investigating Google’s hiring practices and the Federal Trade Commission is researching the ties between the boards of both Google and Apple. But nothing’s been aimed at the heart of Google.

…unlike other technology giants in years past, Google has not been accused of anti-competitive tactics. But the investigations and carping from competitors and critics have Google fighting to dispel the notion that it has a lock on its market, even as it increases its share of search and online advertising.

However, Jeff Chester, executive director of the Center for Digital Democracy, stated;

“Google search is an absolute must-have for every marketer in the world.”

Google’s lawyer, Mr. Wagner, agrees that the company is a great success. He also noted that the environment is turbulent and highly competitive. Further, he said that Google wasn’t looking for sympathy, but simply telling its side of the story.

Jeff Louis: Strategic Media Planner, Project Manager, and New Business Account Coordinator. His passion is writing. Reach out and touch him: www.linkedin.com or www.twitter.com.


Truth in Advertising

burger-winceTruth 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. new_salt_truth_in_advertising-fcilyx-d-wince

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..

FTC to Regulate Blogging

Most of us just happily blog-along, with no worries, really. We try to do our best, tell the truth, and use correct punctuation. We don’t try to misquote, and do work to give credit where credit is due. These practices, however, will most likely be changing in the near future as the FTC (Federal Trade Commission) looks at plans to regulate viral marketing and blogs.

As part of its review of its advertising guidelines, the FTC is proposing that word-of-mouth marketers and bloggers, as well as people on social-media sites such as Facebook, be held liable for any false statements they make about a product they’re promoting, along with the product’s marketer. This could present a significant issue for marketers, including the likes of Microsoft, Ford, and Pepsi, who spend billions on word-of-mouth and social media. PQ Media projects that marketers will spend $3.7 billion on word-of-mouth marketing in 2011.

Luckily, this monitoring will only apply to those who blog and are compensated for reviewing and promoting products. That would NOT be me. (So, if you have any questions regarding my policy, please send me an email…I’ll get some good juice going for your business…shh!) The best example currently is Ford’s Fiesta plan, where the automaker is giving 100 automobiles to influential bloggers for a six-month review.

The current FTC guidelines in the “Advertising-Practices” divisions are over 30 years old, and even prolific viral advertisers, such as Pepsi, agree that some sort of monitoring is necessary. One of the other items concerning the FTC are TV spots that make grandiose promises for making money or losing weight, and then scrollTypical Results the words, “Results not typical, Individual Results May Vary” across the bottom of the screen in tiny 7pt type.

Everyone that uses the Internet is minimally aware of various scams and fraudulent business practices that thrive online, so it is surprising that the latest FTC move is coming relatively late. It is not policy yet, though. The FTC will vote this summer, taking the 4A’s and PCPC (Personal Care Products Council) comments into consideration.

Once they do get rules implemented, I have a couple sites I want them to look at that are hawking software bots that can break in to profiles on MySpace and Facebook. (Like this one…)

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Jeff Louis is an 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.