Mediaboss Marketing

2022 has the potential to be a major year for the advertisingand marketing industry - new laws and guidance are going intoeffect, the Federal Trade Commission (FTC) is reviewing variousguides, and new enforcement priorities have emerged. We expect thata number of trends will most likely continue - including thepopularity of non-fungible tokens (NFTs), sponsorships navigatingCOVID-related issues, and heightened scrutiny of environmentalmarketing. Areas of the law governed by a patchwork of stateregulations - including name, image and likeness rights, cannabismarketing, and subscription marketing - will be subject toheightened compliance obligations in certain states. We alsoanticipate that the FTC and state regulators will increaseenforcement efforts, including with regard to endorsements,children's advertising, and supply chain issues.

The ten key areas that marketers should pay attention to in 2022include:

Non-fungible tokens, or NFTs, exploded in popularity in early2021, and as the market has begun to mature, brands have beenpiling in to leverage the trend. NFTs give users the ability to ownunique pieces of property in the digital space, and with the worldbecoming increasingly digital, brands can leverage NFTs as part ofgiveaways and sweepstakes prizes even though they cannot interactwith users in person.

Meanwhile, iconic brands and IP owners like film studios havebeen leveraging NFTs to open up a new way to earn revenue bylicensing their intellectual property. Though traditional IP,licensing, and promotional legal issues apply to NFTs as with anyother marketing tactic, the unique nature of NFTs creates a host ofnew legal issues and requirements, and marketers need to ensurethat their terms and conditions and licensing agreementsappropriately reflect the nature of the NFT marketplace.

Recreational cannabis is now legal in more than a third of U.S.states, medical marijuana is legal in a majority of U.S. states,and cannibidiol or "CBD" - cannabis' non-intoxicatingcousin - is legal in nearly every state. However, despite thedramatic rise in legality of marijuana and near ubiquity of CBD,both areas face complicated regulatory schema.

Marijuana is still illegal on the federal level, meaning thatstate-legal marijuana sales are still federally illegal, and thoughCBD is generally legal at the federal level, thefood and drug administration prohibits the use of CBD in foods anddietary supplements, including in drinks, gummies, tinctures orother ingestible products. In addition, those states that havelegalized recreational or medical marijuana have detailedadvertising guidelines governing disclosures, targeting, health andwellness claims, and other content-relatedconsiderations.

If you do not know what a Tiktokker is, now is a good time tolearn, as Tiktokkers will only grow in popularity in 2022, asbrands continue to put their marketing dollars behind them andother influencers. But it is not all fun and games anymore, asbrands need to ensure their influencers are complying with theirdisclosure and other obligations under the FTC Endorsement Guides.We expect to see increased enforcement as a response to the FTChaving sent notices to more than 700 companies regarding misleading endorsements. Enforcement isexpected to increase even further once the FTC releases it updatedEndorsement Guides later this year. Brands arenot the only ones that need to worry about the regulators - asinfluencers grow in popularity, they too will become the targets ofregulatory actions, as well as competitor and consumer classactions.

The Children's Advertising Review Unit (CARU)self-regulatory guidelines went into effect on January 1,2022. The updated CARU guidelines replace CARU's TV-centricguidelines and address the new media formats that are popular withchildren these days, including digital media, influencer marketing,apps, games and social media. At the heart of CARU's guidelinesis the principle that advertising must be truthful andnon-misleading and material disclosures must be clear andconspicuous in language that children can understand (e.g.,"this is an ad for x brand" in influencer marketingdirected to children). CARU vowed to actively investigatenon-compliance shortly after the updated guidelines went intoeffect. Now is a good time for children's marketers to reviewtheir marketing practices to ensure they are in compliance withCARU's updated guidance.

After a banner 2019 when the FTC brought actions against TikTokand YouTube for violations of the Children's Online PrivacyProtection Act (COPPA), the FTC has been largely quiet on the COPPAfront. We expect that to change in 2022 as enforcement ramps upagainst apps, websites, social platforms and other online servicesthat are directed to children and violate the law.

By the end of 2021, more than half of U.S. states had passedlegislation governing college athlete name, image and likeness(NIL) rights. 2022 will see the majority of the remaining statespassing similar legislation. With no uniform federal legislation insight, the NIL landscape is about to become significantly morecomplicated. As NIL sponsorship activity ramps up, ambiguousboundaries are certain to be pushed and sponsors andstudent-athletes will need to navigate a patchwork of stateregulations and school rules to ensure that eligibility is notjeopardized.

The NCAA has already begun investigating NIL arrangements whichmay be potential violations of its amateurism rules and, on thehorizon, a class action lawsuit in Florida indicates that thebattle will shift to high school. Expect continued tension betweenwhat is permissible and what is not as schools, athletes andsponsors define the market for NIL rights and the parameters forcompliant deals.

A resurgent COVID-19 variant, once again, wreaked havoc on thesports and live event industry as 2021 came to a close. At the sametime, the sports betting, crypto and NFT industries funneled newmoney into sponsorships, providing a lifeline for teams, leaguesand facilities still coping with the effects of thepandemic.

2022 promises new challenges as sponsors in industries stillimpacted by the pandemic will be increasingly likely to seek toextricate themselves from sponsorship agreements impacted by twoyears of disruption in live events and a forecast where a return tonormalcy remains uncertain. Meanwhile, teams and leagues will carveout new categories of sponsorship to embrace and leverage themeta-landscape.

It may become harder to sustain those sustainability claims, asenvironmental marketing claims promise to be an area of heightenedfocus in 2022. The FTC has indicated that it intends to review itsGuides for the Use of Environmental Marketing Claims, which werelast updated in 2021, and lack clarity on some of today's mostpopular environmental marketing claims. In addition, a number ofhigh profile class actions were filed late last year against brandswith green-centric marketing, and green claims were challenged atthe National Advertising Division (NAD, a self-regulatoryadjudicative body) by both competitors and by the NAD as part ofits independent marketplace monitoring - indicating an enforcementtrend that we expect to continue.

At the state level, California passed sweeping legislationgoverning recyclability claims, which significantly limits theclaims that can be made about the recyclability of a product or packaging, andNew York introduced The Fashion Sustainability and SocialAccountability Act, which generally seeks to impose sustainabilityreporting requirements on the fashion industry.

States have continued to adopt (or update) automatic renewallaws, which generally impose disclosure, consent and noticerequirements on sellers. We expect that state laws (and enforcementactions) will most likely reflect a heightened focus on disclosureand notice requirements for free-to-pay trial offer conversions,under which consumers receive goods or services for free during alimited trial period, and then automatically begin charging a feeunless consumers affirmatively cancel. We also expect cancellationmethods to be an area of focus, as cancellation should generallyshould be easy to use, immediate and entirely online if theconsumer is able to accept the automatically renewing offeronline.

In addition to likely state enforcement (and continuing consumerclass actions), this year could include increased federalenforcement. At the end of 2021, the FTC released an enforcementpolicy statement warning companies about their complianceobligations relating to negative option programs and against usingwebsite design features to deceive consumers into signing up forsubscription services (i.e. by using "dark patterns").While non-binding guidance, this statement is indicative of theFTC's interpretation of existing law as it applies to negativeoption practices. The FTC has also indicated that it is conducting rulemaking on negative optionmarketing and operating.

Products can only be advertised as "Made in the USA"if their final assembly occurred in the United States and all orvirtually all inputs were sourced from within the United States.Though this is not a new requirement, the FTC has significantlyincreased enforcement in recent years, and has assessed over $3million in monetary penalties between 2020 and 2021, including a $1million settlement with Williams Sonoma and a $753,000 settlementwith Nectar Sleep.

The FTC's new Made in the USA Labeling Rule came into effectin August 2021, giving the FTC authority to seek civil penalties ofup to $43,280 per violation. Given the significant monetary risksinvolved, brands, manufacturers and marketers need to understandthe full picture of their manufacturing process and supply chainbefore claiming that their products are "Made in theUSA."

The disruption to the global supply chain caused by the pandemicis having far reaching impacts on the economy and consumers alike,and brands will feel the effect even more this year. As inventorylevels decrease and shipping times increase, advertisers should paycareful attention to what they're telling theircustomers.

Remember that both state and federal laws and guidance generallyprohibit advertising a product without having a sufficient supplyto meet the reasonably anticipated demand for such product. TheFTC's Guides Against Bait Advertising, in particular, adviseagainst promoting a product that is not "available at alloutlets listed in the advertisement a sufficient quantity of theadvertised product to meet reasonably anticipated demands, unlessthe advertisement clearly and adequately discloses that supply islimited and/or the merchandise is available only at designatedoutlets."

Accordingly, if the quantity of items a company has on handisn't sufficient to meet the "reasonable demand"standard, it's important to clearly and conspicuously disclosethere this is limited availability. In addition, the FTC's MailOrder Rule requires that mail, internet and telephonic sellers havea reasonable basis for advertised shipping times. If sellerscan't meet their promised shipping times, if there is nopromised shipping time, or if they cannot ship within 30 days, theymust offer consumers the option to consent to a delay or canceltheir orders and receive a prompt refund. Sellers must remember tofollow the rule and obtain consent from consumers for the delay, when necessary.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

Originally posted here:
The Top 10 Advertising And Marketing Issues To Watch For In 2022 - Media, Telecoms, IT, Entertainment - United States - Mondaq News Alerts

The emergence of this new industry is a clear response tourgent callsto change our currentfood systemsdue to the heavy environmental footprint of animals bred for meat, destruction of pristine habitat to create more fields, as well as animal welfare concerns. Our reliance on meat also affects our health, both on an individual andpopulation level. New alternatives to animal-sourced meat represent the start of the transition to more sustainable food choices.

Forcing people to abandon animal meat is a non-starter, given how strongly we react to perceived loss of freedoms. That means we need to go after the psychological reasons some men, in particular, have such a strong attachment to animal meat.

How can we do that? Social marketing would be a good start, given the successes of previous common-good campaigns around making tobacco use less popular, uptake of sunscreen and COVID vaccinations.

Our study shows any marketing messages to encourage men to take up plant-based alternatives will need to be tailored very carefully. These could include:

Even with reluctant or avoidant eaters, the plant-based sector is still expected to grow strongly, adding$3 billion to the Australian economyby 2030.

Just imagine if we could bring everyone along even self-described carnivores.

See the rest here:
Meat and masculinity: why some men just can't stomach plant-based food - News - The University of Sydney

Before you dive right in and publish something on social media, lets take a step back and look at the bigger picture. The first step is to think about your social media strategy.

What are your goals? How can social media help you achieve your business goals? Some businesses use social media for increasing their brand awareness, others use it for driving website traffic and sales. Social media can also help you generate engagement around your brand, create a community, and serve as a customer support channel for your customers.

Which social media platforms do you want to focus on? The major social media platforms, mentioned above, are Facebook, Instagram, Twitter, LinkedIn, Pinterest, YouTube, and Snapchat. There are also smaller and up-and-coming platforms, such as Tumblr, Tik Tok, and Anchor, and social messaging platforms, such as Messenger, WhatsApp, and WeChat. When starting out, its better to pick a few platforms that you think your target audience is on than to be on all platforms.

What type of content do you want to share? What type of content will attract your target audience best? Is it images, videos, or links? Is it educational or entertaining content? A good place to start is to create a marketing persona, which will help you answer these questions. And this doesnt have to be fixed forever; you can always change your strategy according to how your social media posts perform.

To help you create a great social media strategy, here are our long-form, step-by-step guides on creating a social media strategy and social media marketing plan.

Fortune Magazine uses social media to grow its brand.

"The main objective we have is to grow our brand. Social is a place where we can own our brand and promote it. We pay a lot of attention to Twitter, Facebook, LinkedIn, and Google+ to promote our content and to break news, basically to get our stuff out there."

Read this article:
Buffer | Social Media Marketing

Hashtags are essential to describe your content as well as to boost the organic reach of your social media campaign. Hashtag use varies according to the social media site. For Facebook, use no more than one hashtag. On Twitter, two hashtags are best for engagement. On Instagram, use a minimum of 9 and up to 30. Not sure which hashtags to use? Hire a social media expert to find the most effective hashtags for your social media platform so your content can get found.

The best types of content for each social media channel depends on the platform. Most social media sites allow you to share multiple types of social media content, including blog posts, images, animated GIFs, videos, and more. The research shows that images do well on Facebook, as well as on Instagram and Pinterest. Video content is also very popular. The best is to align your social media strategy with your content marketing to make sure you share the type of content your audience really likes.

Consistency is one of the keys to social media marketing strategy success, so use the same profile picture and cover image across all social networks, resizing according to the sites requirements. This helps boost your online marketing efforts by building a strong social media presence as well as to place you as a thought leader within your niche. Use your social media profile as an elevator pitch for your company. If appropriate, use hashtags related to your business to help people find you. You can also include a link to your website or a resource youre promoting as a call to action.

The research shows that most people trust recommendations from social influencers, friends, and family much more than a companys advertising and promotion. Thats why influencer marketing is such a powerful way to raise awareness of your products and services, and it should be integrated within your social media marketing plan. Of course, its important to find the right influencers to help promote your business. To do this, hire an influencer marketing expert to match you with influencers who are respected by the target audience you want to reach.

To successfully grow a social media following, you must make sure to have your social media profile set up right. This means getting a professional photo and cover image that relates to your business. Share content regularly but dont be too promotional: around 80% of what you share on a social media channel should come from other people. Most importantly, be social, and don't rely too much on automation. A good idea is to have in place a social customer service providing fast and efficient costumer support to your followers.

Social networking isnt a numbers game, so it's not about being active on a "magic number" of social media sites. It's more important to be active on the right social channels. Those are the ones where your target audience is most active. With 2 billion users across a wide age range, Facebook is a must for most people. To choose other platforms, hire a social media marketing expert to research your market and find out where else your audience hangs out online.

Read more from the original source:
Social Media Marketing Freelancers For Hire Online | Fiverr

When the short film for the 10-minute version of Taylor Swifts All Too Well (Taylors Version) came out in November, the unreleased dating app Keepler posted a TikTok of a billboard that read: Call it what it was, Jake, referencing the songs lyrics and the man of the hour, Jake Gyllenhaal.

The caption claimed that the company used its entire advertising budget to make the billboard, which a user called a waste of money. In response, Keepler posted a TikTok of another billboard. Sarabeth Perry, Keeplers product market manager, took to Twitter to laugh at the fact that her marketing team of two had gotten a little too good at Photoshop.

We had a lot of people ask, Oh, what are the cross streets? I want to go take a picture, Perry told Marketing Brew. She said making the billboard look as real as possible helped it go viral: Its almost meta in a way, she said. And it increases engagement because people are staring at it loop after loop, like, Is this real? Is it not? Im not sure.

The first video has 1.2 million likes and 6.3 million viewsand the whole saga boosted brand awareness for the app. So in January, when a bunch of 20-something New York women began posting TikToks about dating the same man, dubbed West Elm Caleb, Keeplers two-person marketing team fired up their laptops.

Red flags: 64, mustache, furniture designer, reads its latest billboard, a clear reference to Caleb. We were talking at 10pm at night, and it was right as it was happening, so it felt like an okay time to post, Perry said. If it were three days later, I wouldnt have done it.

By then, the story had shifted from women swapping stories to a cautionary tale about doxxing and internet privacy. Brands were advised to avoid it entirely. But those who had already posted were stuckso what can social media managers learn from the experience?

To post or not to post, that is the question

As a social media manager, the job often requires replying quicklyand with humorto capitalize on a viral opportunity. In addition to Keepler, the Empire State Building, Hellmanns, City Furniture, Truly Hard Seltzer, and Peacock were among the brands that jumped on the West Elm Caleb moment.

Lauren Murphy, associate strategy director of social at Deutsch LA, who helps manage Taco Bells social accounts, told Marketing Brew that her team has a group chat where they discuss every trending item and whether they want to get involved. In this instance, she said, they decided to hold back.

I think like some of us on the team have seen what has happened to brands over the last decade or so, jumping in on moments they shouldnt and well often be like, Hold on, lets think about this, Murphy said.

Some brands that initially got involved, like Ruggable and Natural Cycles, have since deleted their TikTok video and tweet, respectively. Neither responded to requests for comment, but brand posts on the situation were not well-received by everyone on the internet.

According to Murphy, assessing if or how a brand should post about something viral requires looking at the context of the situation: whos going to be impacted by the post (given brand reach), as well as who the post is trying to appeal to, and why. One mistake Murphy said shes seen brands make is trying to appeal to the whole internet rather than a target audience.

A good way to gauge [whether to get involved] is standing by your brand, Murphy said. Yes, this is a viral moment. But does this fit within our brand strategy? Does this fit within our tone of voice? And if it does, what is the reaction coming out of this? Have you thought of it from all angles?

Camille Lieurance, social strategy director at adam&eveDDB, echoed that sentiment: We have to think critically about the long-term effects of jumping on a reactionary moment, she told Marketing Brew. And then does this moment help us achieve specific business objectives?

In the case of Keepler, Lieurance said she thought their billboard referencing West Elm Caleb was really brilliant. I love it when brands do something thats topical, or alludes to something, but they didnt actually use the guys name. She said it also helped that this was a dating app commenting on a dating story, giving it a clear connection.

Post-post reflection

Perry said that when Keepler posted its West Elm Caleb billboard, the conversation was about dating behaviors more than the behavior of a specific person. I think in the future, we would love to, when there are opportunities for virality, make it a solely positive experience, she said. Putting a funny song in the background and tapping light fun at something, I think for this one was okay, and I think well just have to see where things go.

As for whether the billboard trend will continue, Perry said three might be the max. Weve been having some conversations and, you know, one time? Great. Second time? Haha. Third time, is it still funny? Were not sure. She said the brand plans to continue experimenting and trying new things as it prepares to go live in June.

For other brands reflecting on West Elm Caleb, Murphy said it will always be a risk to do anything online, but the key is learning which things are worth taking a risk for. You can still hop on viral moments, just not every viral moment. Not every meme is for you. Not every tweet format is for you. Not every trending audio is for you.

See the original post:
What West Elm Caleb revealed about brands' desire to go viral - Morning Brew