Download LAW IN AMERICAN SOCIETY - Lincoln Park High School

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. 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)