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As marketers, we are tasked with creating awareness, demand and authority for the brands we represent. We want users to think we’re the best in the business.
A few common ways you can create awareness and brand authority include:
- Promoting a positive perception of the brand.
- An indication of how the user benefits from the product.
- Showing differentiation from the competition.
However, there is a misconception in today’s world that effective marketing requires hype – or exaggerating claims to an extreme level to promote your brand.
Using hype as a marketing tactic can make or break your brand.
On the one hand, the hype helps to attract the attention of the audience and can help to shape the image of the brand.
On the other hand, inflated advertising can have negative consequences for your brand image.
In this post, let’s take a closer look at bloat in the advertising and how and why it can harm your brand.
What is Puffery?
Although flatulence is not new to the world, the definition of the term has changed over the centuries.
In today’s world, bloated is a statement that uses exaggeration and/or hyperbole to promote a product or service.
Bloat is all around you, whether you realize it or not. Some common examples of inflated advertising you may have heard:
- The best product in the world.
- The best in the business.
- It tastes better.
- It looks better.
The above examples may seem tame to you.
Other inflated advertising makes sometimes completely unbelievable claims, such as claims that their beer is as cold as the Rockies.
Cold as the Rockies? You heard right. That’s exactly what Coors Light claimed in its ad.
Since moving away from its previous “World’s Most Refreshing Beer” tagline, Coors Light has successfully marketed its Rocky Mountain temperature comparison to avoid being the most refreshing beer. They’ve even gone so far as to trademark the slogan so competitors can’t use it.
Is puffery advertising legal?
This is a frequently asked question on Google.
While hype is considered legal advertising, it becomes illegal when it crosses the line into false advertising.
However, the line between hype and false advertising is thin unclear sometimes. We know this because of real-life examples of marketing with false claims.
The main difference between hype and false advertising is that hype relies on subjectively statements based on opinion. The goal statements are based on facts.
If an inaccurate claim is based on facts, it becomes false advertising.
So who gets to decide what counts as illegal advertising?
Advertising laws are regulated by the federal and state governments. The Federal Trade Commission (FTC) is the main body that oversees and asserts laws on illegal advertising. The FTC also:
- Suggests advertising rules.
- It enforces truth in advertising laws that apply to all businesses.
- Regulate specific sensitive industries such as alcohol, tobacco and dietary supplements.
At the state level, individual states can set rules and take action to enforce those rules, usually through the attorney general’s office.
The The Lanham Act of 1946 established that false advertising is illegal, as is trademark infringement. While many companies have complied and continue to comply with this law, violations and lawsuits still occur.
If your brand makes an objective claim, intentionally or unintentionally, you could face serious lawsuits and consequences.
Inflated cases
Although bloat is still quite common in advertising, some brands have moved past it line with their claims.
Take 5-Hour Energy. The brand claimed that its energy drinks were “better than coffee” and that doctors actually recommended it.
The manufacturers of 5-Hour Energy were found guilty of violating the Consumer Protection Act and using advertisements to mislead users. As a result, the brand had to pay 4.3 million dollars in fines and fees.
Another brand image tarnished by false advertising is L’Oreal. The brand claimed that its Lancôme Génifique and Youth Code products prevent skin aging by “stimulating genes” in users. The company also used the phrase “clinically proven” behind its claims.
If L’Oreal had scientific studies to back up their claims, this wouldn’t be a problem. However, the lawsuit concluded that L’Oreal had not conducted any scientific studies to support these product capabilities.
the result? Although no monetary penalties were imposed, the FTC prohibited L’Oreal from using any anti-aging claims or using “clinically proven” without compelling evidence to support it.
Why is Puffery bad for your brand reputation?
Considering the examples above, the most obvious reasons that bloat is bad for your brand are as follows:
- Monetary consequences.
- Damage to reputation.
If your brand can’t back up outrageous claims, you could face hefty lawsuits. For any business, big or small, this could mean the end of your brand.
From a personal point of view, yours brand reputation may suffer seriously from bloating.
If consumers are disappointed by certain product claims, you’ve likely lost trust in them. Do you think they are likely to recommend your product to a friend after this?
Probably not.
So, while you may have gotten the initial sale from a consumer with inflated claims, you may have damaged a long-term relationship with that customer.
You can potentially lose prospective customers to negative word of mouth.
How to stay impervious
We know that the line between hype and false advertising is thin. We also know that there are monetary and reputational consequences to the use of puffery.
We summarize the dos and don’ts to avoid false advertising of your brand.
- Don’t leave out the facts. If you are making a product claim that is backed up by facts, make sure you include them. This is a safeguard for your brand in the event of any legal issues that arise.
- Don’t make exaggerated claims. Many brands are guilty of this, innocently or intentionally. Make claims that are true for your brand and can be verified.
- Don’t make false promises. This is the best way to lose a customer. As a brand, consumers expect you to help them solve a problem. If you don’t deliver on that promise, you’re well on your way to losing loyal customers.
- Be honest about pricing. Another way to lose customers is through price opacity. If you’re offering a trial that requires the user to opt out, let them know.
- Review industry and agency guidelines. Certain industries are heavily regulated, such as supplements and alcohol. Always review the latest laws and guidelines for your industry.
- Backup copies of claims. Again, the best way to protect your brand is with the facts. Even if you have an outrageous claim, backing it up with facts will protect you from lawsuits and win over the consumer.
- Make sure advertised products are available to users. There is nothing worse for a consumer than seeing a product advertised but not available. Stay on top of your inventory to ensure a good user experience.
Wrap up
While hype is considered legal and can be powerful at times, it can also lead to the downfall of your brand.
Bloat isn’t just a monetary risk, it exists reputation a risk that can sometimes be even more harmful.
Use these examples above to remind yourself of your advertising dos and don’ts to ensure you have a bloat-proof marketing strategy in the future.
More resources:
Featured Image: kentoh/Shutterstock
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