August 2, 2012 in Exchanges

3 Lessons every Marketer can learn from False Advertising Lawsuits

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False advertising lawsuits are a Marketer’s worst nightmare. In 2012 there have been three high-profile false advertising lawsuits that can serve as a lesson for anyone in the Marketing industry.

1. Nutella

Nutella was recently sued for false advertising, specifically for “overstating the product’s nutritional benefits” by two mothers who were “appalled by Nutella’s advertisements.” Nutella is marketed as a healthy spread made with ‘simple quality ingredients like hazelnuts, skim milk and a hint of cocoa.’ To the mothers’ dismay, they realized that the product was not as healthy as they believed and took the issue to court.
(Source: http://www.wptv.com/dpp/news/world/nutella-lawsuit-class-action-settlement-consumers-entitled-to-a-cut)

Lesson: Don’t exaggerate about your product.

Nutella may include simple ingredients, but when sugar is the first ingredient on your list, you’re not fooling anyone. As a marketer, don’t exaggerate about your product.

 

2. Skechers Shape-Ups

Skechers was recently involved in a false advertising lawsuit because commercials for their Shape-Up sneakers claimed “the sneakers toned muscles, improved posture, and encouraged weight loss.” As the lawsuit unfolded, the Federal Trade Commission reviewed the research that Skechers used to base their claims and concluded that “the shoes didn’t promote calorie-burning or muscle-building any better than basic sneakers.”
(Source: http://articles.boston.com/2012-05-16/health-wellness/31718406_1_toning-shoes-toning-sneakers-skechers-shape-ups)

Lesson: If you are claiming something, make sure you conduct sufficient research.

Simply put. What’s that saying? If you talk the talk, you need to walk the walk? Apparently Skechers didn’t walk (or run) to find results that supported their “research.” Although Kim Kardashian may beg to differ.

Kim Kardashian – Skechers Shape-Ups Commercial

 

3.     Apple and Siri

Apple has been the target of multiple lawsuits related to the Siri feature on the iPhone. Plaintiff’s claim the “advertising surrounding Apple’s virtual personal assistant does not match the service’s actual functionality.” One in particular claimed that “Siri often misunderstood what he asked, or delivered the wrong answer.” What the accusers didn’t realize was that Apple had already addressed the problem. During the Press Event and in the accompanying press release on the day Apple introduced the iPhone 4S with their version of Siri (October 4, 2011), they announced “Siri is in beta form. Users can’t ask Siri everything, it’s not perfect. It is a work in progress.”
(Source: http://www.gottabemobile.com/2012/05/16/apple-responds-to-siri-class-action-lawsuit/)

Lesson: If you foresee possible problems, include disclaimers.

It’s no secret that the folks at Apple are smart – but including this disclaimer with the release of Siri was incredibly well played. My personal take on Siri? I love her, but I’m still iffy on whether or not she would know what “HotSpacho” is.

Siri and Samuel L. Jackson “HotSpacho” Commercial




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