In an effort to protect the industry, the PMA, together with the American Advertising Federation (AAF), submitted comments on July 14 to the FTC in response to the Interagency Working Group’s (IWG) proposed guidelines on food marketed to children.   The comments highlighted several significant flaws in the proposal, such as failing to carry out the mandate from Congress requiring the IWG to “study” childhood obesity and prepare a report, and basing conclusions on an unfounded assumption of a causal connection between childhood obesity and food advertising.  In addition, because the proposal has overly broad definitions of “marketing to kids,” implementation could raise serious First Amendment issues and have far-reaching negative consequences on even those industries beyond the food industry, such as media, talent, and non-profits.  Finally, the suggested guidelines would violate the Administrative Procedure Act and would create bad precedent by allowing federal agencies to sidestep the formal rulemaking process simply by labeling the regulations as “voluntary.”  Click here to view the submitted comments.

www.fda.gov

FDA Announces New Labeling Regulations for Sunscreen

On June 14, the FDA announced that after evaluating study data, it has developed new testing and labeling requirements for sunscreen products, “so that manufacturers can modernize their product information and consumers can be well-informed on which products offer the greatest benefit.”

The new guidelines illustrate an effort by the FDA and the Obama administration in the fight against high rates of skin cancer in the U.S., as well as an attempt to combat false advertising claims being made by sunscreen manufacturers.  For details on the new labeling regulations, take a look at the FDA’s press release.

Privacy Organizations File Complaint Against Facebook for New Facial Recognition Feature

www.facebook.com

On June 10, the Electronic Privacy Information Center (EPIC) and several other privacy organizations filed a complaint with the FTC about Facebook’s new facial recognition technology that allows for the automated “tagging” of Facebook users in photos.  EPIC alleges that the service is unfair and deceptive, particularly because the feature went into effect without asking the permission of users first, and should be something users can “opt-in” to instead.  Additionally, EPIC argues, third parties like advertisers and app developers may be able to access the personal information and “biometric identifiers” without users’ permission.  See EPIC’s news release here.

Facebook contends that since the facial recognition tagging technology rolled out in December, millions of people have used the feature with few complaints.  In addition, Facebook emphasizes that the feature can easily be disabled through a user’s privacy settings.

These issues, and related topics, including social media, behavioral advertising and health claims in advertising, will all be covered in depth at the 33rd Annual PMA Marketing Law Conference, November 15-16, 2011 in Chicago.  Click here for more details.

In 2000, the FTC published “Dot Com Disclosures: Information About Online Advertising” with guidance on how federal advertising law affects sales and marketing on the Internet.  In response to more than a decade of changes to the online world, the FTC is now requesting public comment as to how the document should be updated to reflect those changes.  With the emergence and increased popularity of mobile marketing, “apps,” the use of “pop-up blockers,” and social networking, the FTC is interested in the modern legal and technical issues that consumer advocates and marketers believe should be addressed.  Suggested areas to discuss include: concerns that have been raised by the new technologies, content in the original document that is outdated or no longer necessary, and any relevant research that should be considered by the FTC in its revision process.

PMA plans to submit comments to the FTC before the deadline of July 11, 2011.

This topic will also be covered in detail at the 2011 PMA Marketing Law Conference in Chicago.  For more information on the conference, click here.

The Federal Trade Commission, on Wednesday, October 6 , 2010 proposed  long-anticipated revisions to its “Green Guides” for making environmental claims. The changes to the Guides dramatically change what advertisers are likely to say, especially in the areas of making unqualified environmental claims and in respect of certifications and seals of approval.  The Guides deal with claims addressed by the current Guides, as well as claims not addressed therein, such as in respect of “”renewable” materials or energy.

The revised guidelines are of major importance to anyone making environmental claims and worthy of  serious in depth review by all counsel and marketers dealing with these issues.

WEBINAR: The PMA will be hosting a webinar about the new guildelines featuring Chris Cole, an advertising law partner with Manatt Phelps & Phillips in Washington, DC on Tuesday, October 12th at 2pm EST.   Click Here  to register.

And in November the PMA Law Conference will cover the matter in even greater detail in the Friday November 19^th session Green Advertising/ The New Rules with a panel headed by Brian Heidelberger, Advertising Law Partner at Winston & Strawn, and including David Mallen, Assoc Director, NAD, BBB, Julia Oas Corporate Counsel from SC Johnson and Wendy Reed, Partner at Heenan Blaikie.  Visit www.pmalink.org/law2010 for full details about the conference.

Ad Age and The NY Times have both covered the guides announcement.

Comments to the FTC are due by December 10,2010.

See www.ftc.gov.

Screen Shot from Xtreme Xrunch Kart app for baby carrots

According to the Apple Insider web site as of this June there were 225,000 apps available in the Apple Apps Store and there have been over 5 BILLION apps downloads since they were first introduced – making app developers over $1 billion dollars!

Can the world really need that many apps?  There are apps for smoking a virtual cigar, or lighting it with a virtual lighter, wielding a light saber and of course making just about any sound you can think of, animal, musical or physical.   There’s even an app for finding obscure apps.

Marketers of all types have created apps in support of their products; retail stores for e-commerce or just browsing, recipes sites, entertainment trailers, teasers and back stories and the variety of location-based programs for award loyal customers that have recently appeared.

The latest in favorite promotional Apps is Xtreme Xrunch Kart for baby carrots by Crispin Porter + Bogusky.  It is a typical loud and fast video game but the hero is given additional power by crunching baby carrots near the mic on your iPhone.  See the ad here or download the app itself here

The PMA was recently approached to create an app version of their membership directory.  Members could use the app to look up other member’s contact information, anytime, anywhere.  Possibly  you can also sign up for our conferences, workshops and webinars from the road.  And access the research database or whitepapers.

Is this something our members want?   Is it something you’d use, or just download and quickly forget on page 7 of your apps?  What are the apps you use regularly?  And what are the real app needs still waiting to be filled?   Get them built and you might just be the next app millionaire.

P&G is not the first company one would think of when it comes to humor in marketing, and yet in the past few months they have proved that they do have a funny bone and hope consumers are laughing all the way to the shelves.

Last month’s Isaiah Mustafa for Old Spice You Tube campaign has certainly garnered plenty of attention – industry-wide and among consumers.  Old Spice sales are up, whether it’s thanks to the campaign or the couponing, is still being debated.  My guess is it’s probably both – just as a true integrated marketing campaign should deliver.

This week’s announcement of Head & Shoulders insuring Pittsburgh Steelers safety Troy Polamalu’s trademark hair for $1 million follows the humorous and integrated blueprint.  In addition to the PR announcement of the Lloyd’s of London policy, there is the www. troyshair.com web site featuring free samples, games and sweepstakes and we hope plenty of other NFL-oriented support still to come this season.

P&G has taken their sponsorship of the NFL and the Players Association to new levels with Troy and Isaiah and created appeal for not only the traditional male NFL fan, but the female P&G consumer as well.  And that’s not, funny, that’s smart.

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