The revisions have drawn sharp criticism from product manufacturers, advertising agencies and trade groups who say it is the "aspirational" theme of their ads that motivates consumers to purchase their goods. Show less than the ultimate achievement, they say, and consumers are less likely to buy.
Translation: Easily deceived consumers wouldn't buy useless products if they knew they were useless.
"For a good part of the last decade, we have noticed a problem, particularly with consumer testimonials," said Richard Cleland, assistant director of the FTC's division of advertising practices. "The use of consumer testimonials had become almost a safe harbor for companies as long as they threw in some sort of disclaimer about results not being typical."
The rules are undergoing a final review, after which they will likely be adopted. Late night and daytime advertising will never be the same!
Federal Trade Commission's plan to change rules on ad endorsements, testimonials worries marketers [Chicago Tribune]
]]>@Nathan Miller: Nope. He gets to spend 30 seconds beating hookers.
/obligatory
]]>@aydiosmio: That was called adolescense. Colloquially known as "growing pains."
]]>I understand your point, and it makes sense for a company to want to show their product's 'best work.' But I'm one of those people who counts half-truths and lies of omission as lies. We aren't machines that only spit out the minimum information asked of us. We're empathetic by nature, and an advertiser knows what information the customer needs. Keeping it from them is quantifiably dishonest.
This is the opposite of Bergeronesque: the poor performers will now have a more difficult time competing with the truly effective products.
]]>"Dj Butcher
6:17 AM on Sun Mar 22 2009 Imagine a world where people were actually required to tell the truth... "
Dare we hope? Nah, that would be a boring world.
]]>The fact that most people suck and would rather just diet, and sit on their ass all day doesn't mean Jared didn't have it right.
That Subway sucks, is another matter entirely. If you live in NYC, there's no reason not to go to a deli where the meat is at least freshly sliced.
]]>I get kind-of annoyed with the testimonial ads on the airwaves. But I also think that if you restrict someone's speech to the point that they can only advertise 'typical' results, then we have a real problem.
If Tiger Woods says he owes much of his success to the clubs he uses, that seems fair to me. Problem is, most of us Americans don't have the commitment or self-discipline to get out and practice as much as he does. So now, lucky us, we won't have to be told that by him anymore.
I, for one, feel safer. I would much rather watch Joe Schmuck - the 300-lb. weekend golfer who shoots a 105 - selling the benefits of Nike gear, than watch Tiger sink an amazing putt. And feel a whole lot safer that the government was protecting my virgin ears from that sort of false advertising by bringing us all down on the level with the lowest common denominator. Wouldn't we all?
I didn't think so.
It all goes back to common sense...or the death thereof.
]]>Affiliate marketers for the most part don't care anything about how their products are advertised and if this let us go after the companies who were paying these affiliates, they would make more of an effort to clean things up. Think Acai and colon cleansing products that have been making the rounds lately.
]]>I applaud the FTC's efforts. This appears to be a common sense approach to stupid false advertisements. Score one for the FTC.
]]>It's just that recently new treatments have become available. And they started advertising on TV. But that doesn't necessarily diminish the validity of the symptoms.
]]>@RedwoodFlyer: Thanks, RedwoodFlyer, I did not realize that the EPA updated the mileage ratings.
]]>The Hydroxycut/Slimshots/Xenadu5000 ads where they show people with ripped abs in swimsuits saying "all I did was take it and I lost weight!" is anything but typical. Unless you're taking some HGH along with your diet pill, you wouldnt have the muscle tone. They fail.
]]>It exists! I was there... see picture: [tinyurl.com]
]]>the problem with the testimonial format is that it doesn't have to be true in the least bit to be a testimonial. & some of these exaggerations are simply irrational. why shouldn't we be requiring them not to make false, unsubstantiated claims? drugmakers can't claim that their pills do something they don't. vitamin companies can't claim their products help with a condition unless they have substantial fda-certified proof that says they do.
why should this be any different?
]]>I still see his ugly mug on TV.
]]>Seemingly, they forget to mention about 8 lbs of it was another human being.
]]>The only thing they would probably have to do is make sure that the commercial specifies a certain type of sub with healthy ingredients, which it really does because most of the commercials show Jared with a veggie sub or a turkey sub. It doesn't say he ate steak subs, and as with all restaurants not everything on the menu is going to be healthy so you have to choose the healthy ingredients.
Now if we could just do something about the restaurants that claim a salad filled with fried chicken and heavy ranch dressing is "healthy"....
]]>The company's argument would be that "typical use" means following the instructions to the letter, but you could easily make the case that true typical use means slacking off on the exercise and cheating on the diet at least once or twice a month, probably more.
Weird analogy, but birth control methods always provide two effectiveness rates -- one for "perfect use" and one for "typical use" -- acknowledging that most people will screw it up at some point.
]]>omg this is awesome...then maybe after a while people will stop comoing up with stupid weight loss machines, programs and pills and we'll see the end of those infomercials! FREAKING GREEEEEAT!
and what's gonna happen when they do the same to the cooking appliances infomercials? Must use food that actually came out of your super radioctive cooker....oh look, not so juicy and soft afterall!
]]>way to peddle mediocrity, FTC.
]]>From humanity.
]]>There are many conditions that can be treated and/or controlled by way of lifestyle changes (ie healthy diet and exercise), but we always want the quick fix pill that's gonna make it all better, because that's what Big Pharma has conditioned us to want.
]]>They have redone the way the EPA measures your mileage...that's why all cars suddenly took a huge drop in stated figures last year.
However, they're still allowed to use the old methodology for calculating their fleet average fuel economy.
]]>Yeah but those commercials are so terribly done that if you fall for it...you deserve to subsidize my Family Guy reruns!
]]>Not to nitpick...but used is just...used...recertified = used but in new condition.
]]>What's the difference between a Mercedes and a Porcupine?
The pricks are on the outside of a porcupine!
That being said, don't hate on the Bimmer drivers who appreciate the car for the awesome handling and overall driving feel...not the badge!
]]>Wait...if beer isn't delivered by Clydesdales, does that mean that the heat surge Amish electric heater isn't delivered by horse and buggy?
]]>Yes!
One thing that I've heard from MDs is that they're pressured to just prescribe whatever, since they know that patients tend to just "shop for Doctors"...where they keep switching docs until they find one that agrees with them.
]]>I wish ANY ad that showed a "customer" or someone who is supposed to be a "company employee" have to tell us if that is not the case.
A nice "PAID ACTOR: NOT A CUSTOMER OR EMPLOYEE" would be nice right across the bottom of the screen.
]]>Xyzal is the only allergy medication I can take that doesn't put me into a coma. Love the stuff.
]]>What about campaign ads showing politicians eloquently orating in front of an empty house/senate room? Should we have to see all the boring, inarticulate, mundane issues the politicians do too?
What about ads that claim this new putter/driver/golf ball will trim 9 strokes off your game? Do we include people who bought the item(s) that are now collecting dust in the closet?
What about ads that claim this new fishing lure/bait will catch huge fish? Do we include photos of all the other lures that can catch big fish or photos of the little fish also caught?
What about ads that show XYZ's compound bow and archery equipment killing record deer and elk? What about the klutz like me using this great hunting system and missing every shot because I don't practice 8 hours a day.
What about Victoria's Secret showing photos women who look great in their underwear instead of photos of the women who actually buy the underwear? There is a reason there aren't many VS models. If everyone looked great, the models wouldn't make a ton of money and there wouldn't be so few of them.
I don't mind hearing from people who have actually used the product(s) and attained exceptional results. I would like to see a statistical distribution of all people who used the products vs. a control group to know what affect beyond the norm this product has in the change it is trying to achieve.
]]>The FTC could make my day and ban TV & radio drug advertising.
]]>* Within body type parameters, of course: we're not all wired to be buffed, lithe, handsome Sex Gods. Just Californians and Floridians.
]]>OK.....since they are going to do this, the US Govt. needs to update the way they measure mileage for cars. Since we all know the MPG they show on commercials is not typical. Should the advertisers just not mention MPG in ads anymore? Or does this just get rid of the ada all together?
]]>But seriously, it's hard for me to weigh in on this issue because I have a background in nutrition. The biological weight loss formula is so simple that I can't believe people fall for weight loss scams, but they obviously do in great numbers, judging by the growing number of the ads on TV. The sham weight loss ads prey on people with a legitimate need to lose weight, and that is a creepy pathetic way to do business.
I hate excessive regulation, but sham weight loss companies should be deterred. I'd rather the gov'ment call weight loss scams what they are--fraud, and prosecute them as such, rather than chasing the scammers around with regulations.
]]>BTW, I don't know if it's just me, but if I am logged in and shift-reload the page, the reply button seems to work.
]]>I think the target here are ads that claim you can lose an absurd amount of weight in a short time, even though those results will rarely happen even if you follow the instructions exactly. Or ads that claim that you can make tens of thousands of dollars a week with a work at home program.
]]>Subway's point with Jared is that you can eat their products in a healthy way. Not that you will lose weight if you eat their products.
That's the difference: Subway promises food, sells food, and delivers food. A diet service promises weight loss, sells a plan for weight loss, technically should deliver weight loss.
That is the type of product/service this law should target. Not restaurants.
]]>@doctor_cos: There is-they've been testing it on us for the past three weeks. :)
]]>That said, if they yank the ads, what are we going to make fun of? ;)
]]>Pretty much any ad that says you can lose weight or gain muscle rapidly without restricting your diet and/or exercising for extensive periods is lying. Period. End of story.
"Rock hard abs in five minutes a day!" The "testimonials" are complete lies. Not only are those "results not typical", they NEVER happened. They are ALREADY fraud, even without new rules.
]]>Even though the intentions may be noble, when things like this are ruled on/legislated it's not surprising for there to be unintended consequences. I def think card could fall under this
]]>FIVE DOLLAR FOOT LONG! ANY FOOTLONG! EXCEPT THE GOOD ONES THAT ARE TASTY!
]]>People who think they are too smart or sophisticated to be influenced by advertising are the advertisers' best friends.
Their worst enemies are people who are smart enough to know that we are influenced, and, like a drinker who joins AA, try to consciously exert some control over the unhealthy impulses our brains steer us towards.
]]>So does this mean I can finally watch late night television without seeing an Enzyte commercial every 30 seconds? Wow... It became a drinking game for some friends of mine... you know, take a drink everytime some male enhancement commercial came on. I wonder if it'll become MAIL enhancement instead. Yes I know... bad pun.
]]>Because of the way our brains are wired, we are much more influenced by individual anecdotes than by objective data. It's not greed, vanity or stupidity -- it's just the way we are built as social creatures. This is true even for those of us that think we are above the influence. The best we can hope for is to be consciously aware of the fact, and do our best to counter it. But most people, unfortunately, are unaware of it -- and most advertisers gleefully exploit our instinctive response.
]]>Proactiv? Dead. Pantene? Dead. Lean Cuisine? Dead. Nutrisystem? Dead. Neidermeyer? Oh. Wait.
The very fact that commercials say "results not typical" tells me "it won't work this well for you." These seems like an attempt to legislate common sense, and it will fail.
]]>God I'm sick of that word. Aspirational fashion brands = ugly-ass, tacky, badly-made crap. Aspirational houses = mortgage meltdown. Aspirational "health" products = things that give you strokes while claiming to make you lose weight or grow a bigger penis. Aspirational cars = tiny-dicked losers attempting to compensate for lack of personality.
At this point if a company claims its product is "aspirational," I know that means it's either badly made, doesn't work, or is marketed at assholes -- or some combination thereof. It makes me not buy that brand again.
]]>Wasn't the original Jared campaign pretty explicit? IIRC, it said how far he walked (quite some distance) and how long it took (a really long time, like a couple/three years of daily walking and dieting). I think the Jared campaign's primary problem under the new rules is that Subway now assumes we all know Jared's backstory.
]]>Too bad we can't have them slide a Billy Mays ban in with this one.
]]>@George Stankow: Subway can probably get around this. Subway is fast food. It's not a weight-loss pill advertising itself as a weight-loss pill; it's a food product advertising healthiness as one of its benefits, and Jared IS true. As long as it doesn't claim that eating Subway will MAKE you lose weight or that EVERYONE who eats Subway loses weight or that Subway is some kind of health product, they can probably rework the ads to get around this. Whereas a lot of these weight-loss pill ads use models -- the same ones across multiple ads from a variety of companies, even, with fake testimonials (hence the requirement the testimonials be substantiated). And they're making an explicit health claim that their produce fixes obesity, when typically it does nothing whatever, but is unregulated and occasionally dangerous snake oil.
]]>But I think it's a good idea to show the average results of people using the product for one reason -- I don't know if any of you saw the episode of Penn and Teller: BS! when they had the topic of genetics vs. exercise, but in the show they mentioned the tricks that some of these weight loss and exercise companies used to get people to buy their product, such as in the before and after pictures having people stick out their tummy for the before and suck it in for the after.
And there was another trick they mentioned that they had heard about, but couldn't prove because of confidentiality clauses in contracts -- taking a normally active, athletic person who is laid up for whatever reason and has gained weight during that time, taking a before picture, giving them the product, having them resume their normal lifestyle, and after they've lost the weight going back to what they were doing before taking an after picture.
]]>But companies like Bally's and all those weight-loss pills, etc rely on people's laziness. If you read the instructions on most of those pills and exercise equipment, they all include "healthy diet, exercise regularly, see a doctor before starting, etc."
If someone actually believes taking hydroslim will make you lose 40 pounds by not doing anything, they're just like me wanting models to come busting down my door when I put on Axe body spray.
]]>Restless legs syndrome is real and yes, I do know someone who has a mild case.
"Restless legs syndrome (RLS) is a neurological disorder characterized by unpleasant sensations in the legs and an uncontrollable urge to move when at rest in an effort to relieve these feelings. RLS sensations are often described by people as burning, creeping, tugging, or like insects crawling inside the legs. Often called paresthesias (abnormal sensations) or dysesthesias (unpleasant abnormal sensations), the sensations range in severity from uncomfortable to irritating to painful."
www.ninds.nih.gov
Just Google it for more information on the condition
]]>Jared did lose all that weight by, as the commercials say, eating in a healthy manner at Subway and exercising more. It's not lying in the slightest bit to say that Subway was a major factor in his weight loss.
Of course advertisers choose outliers to hawk their wares. Just like you don't put on your resume the average daily time spent surfing the Web at your desk. Just like sports teams want guys who can dunk like Jordan rather than someone who scores at the 50th percentile of all basketball players everywhere.
Harrison Bergeron lives!
]]>At least those damn Nutrisystem commercials should disappear. Mike Golic's "WHOOOP!" scares the hell out of me.
]]>