The FTC has recently released new Guides on Endorsements and Testimonials. These new Guides mean new rules for all types of marketers and talent. But are you ready to comply? Take this pop quiz to see if you are prepared:
Can celebrities have liability for endorsing a product that does not work?
Can you ever use a disclaimer like “results not typical�
Do you need to do a study to show what the generally expected result will be for your product? If so, what kind of data do you need?
Are you responsible for the claims your affiliates make? If so, what can you do to avoid liability for the actions of rogue affiliates who make claims you don’t agree with?
A celebrity wears clothing with your logo as part of a contract. Is this an endorsement?
What is a clear and conspicuous disclosure on a blog?
When you show a testimonial, are you claiming that others will experience similar results?
Can you structure your TV spots in a way that does not send consumers the message that they will experience similar results?
(How) Can you comply by simply editing your existing spot?
What is the FTC particularly concerned about? How can you make sure you are complying with the Guides?
Get the answers to these questions and ask your own at the ERA Spotlight Sessions: Endorsements and Testimonials. The first session is December 7 in New York City, the second session is December 14 in Long Beach, CA and the final session will be a live webinar on December 17 (free to ERA members).
Rich Cleland, an Assistant Director in the FTC’s Bureau of Consumer Protection will participate in each session. He will be joined by top legal experts in the industry to answer your questions. The two in-person sessions will be half-day events including two panels and a question and answer session with all of the panelists. These in person sessions will give you the opportunity to meet and share strategies with others experiencing similar challenges. See the details and register now. retailing.org/ERA_Spotlight_Sessions
The spookiest of American holidays is just days away. If you’re like me, you’re still scrambling for a unique and easy-to-throw-together-last-minute costume. The thought entering an over-stimulating and smelly party store just days before Halloween is out of the question for me, but will be my outfit be as cool as others?
Apparently the days of your dad throwing a sheet over your body and calling you a ghost are over. The costumes these days are more and more intricate and creative. From Kate Gosselin wigs to the late Michael Jackson and DRTV’s very own Billy Mays outfits, the best-selling costumes this Halloween season are personal and fierce!
Think dressing up as the legendary Billy Mays is tasteless and offensive? Well, Billy’s son, Billy Mays III, gives these outfits the Mays’ signature two thumbs up seal of approval! He’s even throwing a contest for his fans to see who has the best Billy Mays outfit on his website www.wheresbillymays.com. So go ahead, bust out your blue shirt and represent Billy’s positive spirit this season - you won’t be alone!
When utilized correctly, YouTube is quite the sales force to be reckoned with. On a recent conference call with ERA’s Internet & Emerging Media Council, certain members discussed how some direct response products have found success simply from videos being uploaded to YouTube.
Creative YouTube videos are a great way to drive incremental sales, if even on accident. If you’re Chris Brown, a singer recently convicted for felony assault against ex-girlfriend Rihanna, how do you get a year-old single onto the top 10 most purchased songs on iTunes? Oh, by being an integral part of a wild fire-spread YouTube video. Unless you’ve been living under a rock, you’ve probably seen this “Forever” wedding video.
While perusing iTunes when this video hit viral fame a few weeks back, I noticed that Chris Brown’s “Forever” was listed in the top 10 purchased singles. A web hit featuring one of his songs couldn’t have come at a better time for this artist whose image is tarnished in the press. I too, drank the Kool-Aid. I watched the video and loved it, logged onto iTunes and purchased.
Consequently, aside from user-generated content, YouTube also plays host to professional content, sometimes to the chagrin of the content creators. Monty Python’s producers found their content all over the web illegally, however they decided to be proactive and take control of their content in these channels, which turned out to be a very good idea. According to a recent release:
The Pythons created a YouTube channel in November 2008 just to stop their content from being released illegally on the Internet. “We felt the time had come to deal with the ‘YouTube problem.’ On the one hand, we were surprised at the number of clips that had been uploaded to YouTube in clear infringement of our copyright, and while we didn’t want to be spoilsports, it was getting pretty much out of control and we could see no real benefit. So I arranged a trip to meet the YouTube guys on the Google campus in San Jose and discovered that they had a program that would enable us to have our own Monty Python channel on YouTube where we could put up clips from the movies and TV shows of far greater quality and order that might also encourage viewers to want to see whole movies or TV episodes via links to Amazon and iTunes and expand our Monty Python fan base,” says Monty Python producer John Goldstone.
When Goldstone launched Monty Python’s Channel on November 14, 2008, he took advantage of YouTube’s click-to-buy program. The Python’s DVDs quickly climbed to No. 2 on Amazon’s Movies & TV bestsellers list and DVD sales increased 23,000 percent. “The click-to-buy ability was exactly what we were looking for to make the link from video to the right Amazon page much more effective than the URL by the side of the video description. We are only now beginning to address premium advertising, which is only possible when you can show the size, composition, and consistency of your viewers,” he says.
I guess the moral of the story would be that while YouTube may be struggling to support itself with a successful advertising platform, it currently sits as a lucrative marketing channel for the opportunistic, inventive marketer.
Before booking your travel to Las Vegas or San Diego, you may first want to get a few tips from “Saturday Night Live” travel expert Judy Grimes.
Did you miss out on the recent networking receptions in NYC and L.A.? Click here to view pictures from various events at Electronic Retailer’s Buzz page!
Direct response has become so prevalent lately that even TV shows and restaurants are using it as fake marketing bait. As a fan of HBO’s “True Blood†on Facebook, from time to time teaser items will appear on my News Feed. Recently it tempted fans to check out an infomercial from The American Vampire League, a fictitious vampire rights group in the show. It’s interesting that an infomercial was considered the appropriate marketing vehicle to further entice fans. Perhaps vampires were simply following in Obama’s footsteps!Â
Aside from social media marketing, “True Blood†has made a big splash in traditional media too. In L.A. alone it was hard to miss the second season debut as stars Anna Paquin and Stephen Moyer graced everything from the entire side of a Sunset Strip office building, to busses and even bus stop benches. But in the end, it looks like the intense mixed marketing effort paid off. According to The Hollywood Reporter, the second season premiere of “True Blood†was the most-watched program on HBO since “The Sopranos†finale. An article in Sunday’s New York Times went so far as to say that “True Blood†has brought HBO out of its slump!
Consequently, Burger King has released a new ad campaign that utilizes a home shopping format to distinguish the value of the Whooper JR.
For direct response professionals, while these campaigns are drenched in irony, they still salute to the fact that DR is a mainstay marketing force to be reckoned with.
A large Calvin Klein billboard in Manhattan’s Soho neighborhood has managed to raise some eyebrows. As discussed in an MSNBC article, fashion advertising often pushes the envelope, but some wonder if this has really gone too far. Obviously there were people on both sides of the debate:
“I think it’s obscene,†said Rachelle Brunn, who was passing by the extremely large billboard in Manhattan’s Soho neighborhood. “They always have ads that are pushing the envelope, but this one is the worst I’ve seen since I’ve been here. My biggest concern is that it gives teens the wrong idea.â€
But Carmen Guzman wasn’t bothered by the ad. She said Americans see this kind of advertising everywhere, especially in the Big Apple. “This is really nothing new,†Guzman said.
Watch as ERA CEO Julie Coons delivers a sneak peak of what attendees can expect from ERA’s upcoming 2009 D2C Convention in Las Vegas September 13-15. Register now!Early bird ends July 1!
The Electronic Retailing Association is proud to announce that for the first time ever, its own members will perform as a rock band during the 2009 ERA D2C Opening Reception Sunday, September 13, outside on the pool deck of the Paris Hotel from 6:00 -7:30 p.m. All performers in the D2C Live Stage will have their names and pictures printed in ads promoting the event in Electronic Retailer magazine, on the ERA website, as well as separate ERA e-mail blasts. This will be a “pay for play†event that will require each performer to help sponsor this event. (Sponsorship contributions will be determined by ability to pay and the amount you play.)
What Kind of Talent Are We Looking For?
•   Guitar Players
•   Bass Players
•   Drummers
•   Keyboard Players
•   Singers
•   Horn (sax, trumpet, etc.)
•   Percussionists (wood block, maracas, tambourine, etc.)
Guitar and Bass players will be required to bring their instruments. A drum set, keyboards, amps, etc. will be rented for this event.
PLEASE NOTE: We will be playing very simple blues and pop progression songs so there’s no need to worry about being good enough to play. Everyone has full-time day jobs, after all! The chosen players can submit song choices that they’d like to perform or, choose from a list of approved songs. Once accepted as a band member, each player will be provided sheet music (notation, tablature, chords and words). There will be one rehearsal on Sunday prior to the Opening Reception. Please contact Jeff Meltzer at jeffmeltzer@earthlink.net or (212) 868-4600 no later than July 7th, so we can start practicing now!
When utilized correctly, YouTube is quite the sales force to be reckoned with. On a recent conference call with 
In addition to its upcoming 
Direct response has become so prevalent lately that even TV shows and restaurants are using it as fake marketing bait. As a fan of HBO’s “True Blood†on Facebook, from time to time teaser items will appear on my News Feed. Recently it tempted fans to check out an infomercial from 
 But in the end, it looks like the intense mixed marketing effort paid off. According to 
A large Calvin Klein billboard in Manhattan’s Soho neighborhood has managed to raise some eyebrows. As discussed in an 
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Enjoy these hilarious videos that touch on aspects of the direct-to-consumer industry.
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