LAW IN AMERICAN SOCIETY ADVERTISING TECHNIQUES

1. Claim: verbal or print part of an ad that makes some claim of superiority for the product being advertised a. Some are downright lies b. Some are helpful consumer information

c. Most are neither lies nor helpful. i. They balance on the narrow line between truth and lies by a careful choice of words.

d. The largest advertising budgets are for…

i. GASOLINEi. GASOLINE

And then…

ii. CIGARETTES

And then…

iii. BEER

And then…

iv. SOFT DRINKS

And then…

v. SOAPS

And then…

vi. VARIOUS HEADACHE & COLD REMEDIES

e. Parity product: product in which all or most of the brands available are nearly identical i. Since no one product is better, advertising is used to create the illusion of superiority. ii. Rule 1: better means best, & best means equal to

iii. In parity claims law says: if all the brands are identical, they must all be equally good iv. "best" means that the product is as good as the other products in its category.

v. The word "better" compares and therefore clearly claims superiority. 1. ex: When the ad declares Minute Maid Orange Juice "the best there is" it means it is as good as the other orange juices you can buy. But if they say that Minute Maid is "better than any other orange juice,” it must actually be superior to other products in its category.

vi. “better” can be used to compare the product with something other than competing brands. 1. ex: An orange juice could therefore claim to be "better than a vitamin pill," or even "the better breakfast drink."

vii. Rule 2: if a product is truly superior, the ad will offer some kind of convincing evidence of superiority 1. usually they can’t do that, so they use tricky language

2. Ten Basic Advertising Techniques a. Weasel word: a description that practically negates the claim that follows i. Words or claims that appear substantial at first, but really are meaninglessness

ii. Common weasel words: helps, like, acts, virtually, refreshes, comforts, up to, fights, the feel of, the look of, fortified, enriched, strengthened iii. Ex: "Leaves dishes virtually spotless." You are supposed to think "spotless," rather than "virtually" spotless

What are the weasel words in this one? "Helps control dandruff symptoms with regular use."

b. Unfinished claim: claim in which the ad claims the product is better, or has more of something, but does not finish the comparison. i. Ex: “Magnavox gives you more.” ii. Ex: "Scott tissue makes it better for you."

c. “We’re different and unique” claim: claim that states that there is nothing else quite like the product i. intends to imply superiority ii. ex: "There's no other mascara like it." iii. ex: "If it doesn't say Goodyear, it can't be Aquatread."

d. Water is Wet Claim: claim that states something about the product that is true for any brand in that product category i. The claim is usually a statement of fact, but not a real advantage over the competition. ii.Ex: "Great Lash greatly increases the diameter of every lash."

e. “So What” Claim: claim which is true but gives no real advantage to the product similar to the "water is wet" claim except that it claims an advantage which is not shared by most of the other brands in the product category. Ex: "Campbell's gives you tasty pieces of chicken and not one but two chicken stocks."

f. Vague Claim: claim is simply not clear i. often overlaps with others ii. words that are colorful but meaningless iii. uses subjective and emotional opinions that can’t be verified

iv. usually contains weasels v. ex: "Its deep rich lather makes hair feel good again." vi.Ex: "The end of meatloaf boredom."

g. Endorsement/Testimonial: celebrity or authority appears in an ad to lend his or her star quality to the product Sometimes the people will actually claim to use the product, but very often they don't.

h. Scientific/Statistical Claim: claim that uses some sort of scientific proof or experiment, very specific numbers, or an impressive sounding mystery ingredient i. Ex: "Easy-Off has 33% more cleaning power than another popular brand."

i. “Compliment the Consumer” Claim: claim that flatters the consumer to make them want the product i. ex: "If what you do is right for you, no matter what others do, then RC Cola is right for you."

–Rhetorical Question: claim asks a question that the consumer is supposed to answer in such a way as to affirm the product's goodness. ex: "Shouldn't your family be drinking Hawaiian Punch?" ex: "Touch of Sweden: could your hands use a small miracle?"

Other important terms –corrective advertising: if advertiser lies, they must admit to it in all future ads for a set period of time –puffing: ads based on seller’s opinion, personal taste, or obvious exaggeration  legal, although not literally true  ex: “24-hour sale! All cars must go!”

c. Bandwagon: the “everyone’s doing it” argument d. Transference / Emotional Appeal (heart strings): something that appeals to your emotions rather than logic or reason (ex: most diamond commercials)

e. Security / Fear: instills a sense of fear, then promises to protect you (ex: Insurance Companies) f. Plain Folks: appeals to people as average, one of the masses

g. Snob Appeal: appeals to people who want to be better than everyone else; be in that exclusive “club” (ex: luxury cars)