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chapter two The Economic, Social, and Regulatory Aspects of Advertising McGraw-Hill/Irwin Essentials of Contemporary Advertising Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Objectives  Discuss the impact of advertising on the economy  Debate the validity of the various social criticisms of advertising  Explain the difference between social responsibility and ethics in advertising 2-2 Objectives  Describe how government agencies regulate advertising to protect both consumers and competitors  Discuss the activities of nongovernment organizations in fighting fraudulent and deceptive advertising 2-3 Economic Advertising Controversies  How does advertising affect the value of products?  Does it cause higher or lower prices?  Does it promote competition or discourage it?  How does it affect consumer demand? 2-4 Societal Advertising Controversies  Does advertising make us more materialistic?  Does it force us to buy things we don’t need?  Does it reach us subliminally in ways we can’t control?  How does it affect art and culture of our society? 2-5 Responsibility and Control For Advertising  What is the proper role for participants in the marketing process?  How much latitude should marketers have in the products they promote and how they advertise them?  What is the proper role of government?  What laws should we have to protect consumers? 2-6 Exhibit 2-1 Per Capita Ad Spending A country’s level of ad spending is typically proportional to its standard of living 2-7 Exhibit 2-2 Economic Effect of Advertising The economic effect of advertising is like the opening break shot in billards 2-8 Economic Effects of Advertising     Value of Products Prices Competition Consumer Demand  Consumer Choice  Business Cycle  Abundance Principle 2-9 Added Value  Links brand image to the product  Educates consumers about product uses  Satisfies psychic and symbolic wants and needs 2-10 Effect on Prices  Advertising is paid for by the buying consumer  Amount spent on advertising is typically small compared to total cost of product  Advertising is part of a mass-distribution system  In industries subject to price regulation, advertising has no effect on prices 2-11 Effect on Consumer Demand Stimulates primary demand Influences Selective demand 2-12 Social Impact of Advertising Deception Subliminal Advertising Value System Proliferation of Advertising Use of Stereotypes Offensiveness 2-13 Deception in Advertising: Puffery  Levels of Puffery – Best – Best possible – Better – Especially good – Good – Subjective qualities 2-14 Social Responsibility Doing what society views as best for the welfare of people in general or for a specific community of people 2-15 Advertisers’ Social Responsibility Organizations like the AAF and the AAAA provide pro bono services for charitable organizations and public agencies. 2-16 Current Regulatory Issues Freedom of Commercial Speech Tobacco Advertising Advertising to Children Consumer Privacy 2-17 When can commercial speech be regulated?  The Central Hudson test – Does the commercial speech at issue concern a lawful activity? – Will the restriction of commercial speech serve the asserted government interest substantially? – Does the regulation directly advance the government interest asserted? – Is the restriction no more than necessary to further the interest asserted? 2-18 The Tobacco Advertising Controversy  Are restrictions on tobacco advertising a violation of the First Amendment?  The website, www.tobacco.org, features a history of tobacco advertising 2-19 Advertising to Children  How far must advertisers go to ensure that children are not misled by ads?  Children’s Advertising Review Unit (CARU) reviews and evaluates child-directed advertising 2-20 CARU’s Guidelines for Advertising to Children  Consider audience maturity  Realize power of imagination  Promote childappropriate products only  Consider advertising as a learning tool  Support parent-child relationships  Avoid stereotyping  Promote positive behavior 2-21 Regulating Organizations Federal Trade Commission Food and Drug Administration Federal Communications Commission Patent and Trademark Office 2-22 The Federal Trade Commission 2-23 What is Deception?  Any ad that contains misrepresentation, omission, or any other practice that can mislead a significant number of reasonable consumers is considered deceptive by the FTC  Unfair advertising occurs when a consumer is unjustifiably injured or there is a violation of public policy 2-24 Commercial Break 2-A: Unfair and Deceptive Advertising Practices  False promises  Incomplete description  False and misleading comparisons  Bait-and-switch offers  Visual distortions and false demonstrations  False testimonials  Partial disclosure  Small-print qualifications 2-25 What information does the FTC consider? Substantiation Endorsements/ Testimonials Affirmative disclosure 2-26 Remedies Enforced by the FTC  Consent decree  Cease-and desist order  Corrective advertising Apple recently received a ceaseand-desist order to halt use of the iPod commercial featuring singer, Enimem. 2-27 FDA’s Role in Advertising The FDA strives to ensure that consumers have complete information by ensuring that products are labeled truthfully 2-28 The FCC and Advertising  The FCC seeks to protect the public’s interest and to encourage media competition  It controls the airing of obscenity and profanity and can restrict the products advertised and the content of ads 2-29 Patent and Trademark Office  Patents  Trademarks –® –™  Copyright –© 2-30 Other Sources of Regulation  State and local governments  Better Business Bureau  National Advertising Review Council  Regulation by media  Regulation by consumer groups  Self-regulation 2-31 Key Terms_1     Abundance principle Added value Affirmative disclosure Broadcast standards department  Cease-and-desist order  Comparative advertising      Consent decree Consumer advocate Consumerism Copyright Corrective advertising  Deceptive advertising  Endorsements 2-32 Key Terms_2         Ethical advertising Externalities Intellectual property Limen Patent Primary demand Privacy rights Puffery         Selective demand Social responsibility Stereotypes Subliminal advertising Substantiation Testimonials Trademark Unfair advertising 2-33