LAW IN AMERICAN SOCIETY

LAW IN AMERICAN SOCIETY

ADVERTISING TECHNIQUES

1. Claim:

verbal or printverbal or print part of an ad that part of an ad that makes some makes some claim of superiorityclaim of superiority for the for the product being advertisedproduct being advertised

a. Some are a. Some are downright liesdownright liesb. Some are b. Some are helpful consumer helpful consumer

informationinformation

c. Most are neither lies nor c. Most are neither lies nor helpful. helpful. i. They balance on the i. They balance on the

narrow line between narrow line between truth truth and liesand lies by a by a careful choice careful choice of wordsof words..

d. The largest advertising budgets are for…

• i. GASOLINEi. GASOLINE

And then…

ii. CIGARETTESii. CIGARETTES

And then…

iii. BEERiii. BEER

And then…

iv. SOFT DRINKSiv. SOFT DRINKS

And then…

v. SOAPSv. SOAPS

And then…

vi. VARIOUS HEADACHE & vi. VARIOUS HEADACHE & COLD REMEDIESCOLD REMEDIES

e. Parity product:

product in which product in which all or most of the all or most of the brandsbrands available are available are nearly nearly identicalidentical

i. Since no one product is better, i. Since no one product is better, advertising is used to create the advertising is used to create the illusion of superiorityillusion of superiority..

ii. Rule 1: ii. Rule 1: better means bestbetter means best, & , & best means equal tobest means equal to

iii. In parity claims law says: iii. In parity claims law says: if if all the brands are identical, all the brands are identical, they must all be equally they must all be equally goodgood

iv. "best" means that the product iv. "best" means that the product is is as good as the other as good as the other productsproducts in its in its category. category.

v. The word "better" compares and v. The word "better" compares and therefore therefore clearly claims superiorityclearly claims superiority. .

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

vi. “better” can be used to vi. “better” can be used to compare the productcompare the product with with something other than something other than competing brandscompeting brands. .

1. 1. ex: An orange juice could ex: An orange juice could therefore claim to be therefore claim to be "better than a vitamin pill," "better than a vitamin pill," or even "the better or even "the better breakfast drink."breakfast drink."

vii.vii. Rule 2: if a product is truly Rule 2: if a product is truly superior, the ad will offer some superior, the ad will offer some kind of kind of convincing evidence of convincing evidence of superioritysuperiority

1. usually they can’t do that, so 1. usually they can’t do that, so they they use tricky languageuse 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 c. “We’re different and unique” claim: unique” claim: claim that claim that states that there is states that there is nothing nothing else quite like the productelse quite like the product

i. intends to i. intends to imply superiorityimply superiorityii. ex: "There's no other mascara like it." ii. ex: "There's no other mascara like it." iii. ex: "If it doesn't say Goodyear, it can't iii. ex: "If it doesn't say Goodyear, it can't

be Aquatread."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 cleari. often overlaps with othersii. words that are colorful but

meaninglessiii. uses subjective and

emotional opinions that can’t be verified

iv. usually contains weaselsv. 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 h. Scientific/Statistical Claim: Claim: claim that uses claim that uses some sort of some sort of scientific proof scientific proof or experimentor experiment, very , very specific specific numbersnumbers, or an impressive , or an impressive soundingsounding mystery ingredient mystery ingredienti. Ex: "Easy-Off has 33% more i. Ex: "Easy-Off has 33% more

cleaning power than another cleaning power than another popular brand."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)