Marketing Gone Wrong: Is Your Social Media Plan Legal?

Ive written before about accidental PR disasters such as the McDonalds #McDStories campaign (instead of nostalgic memories it led to disgruntled customer tirades), government sites that went dark during the federal governments shutdown, or even a physical altercation between a PR lead and a heckling journalist, all recorded on video.

This month yet another PR gaffe is making national headlines: the Topps Company (maker of the Ring Pops jewel-shaped candy on a plastic ring) may beinvestigatedby the FTC for their most recent social media campaign #RockThatRock a promotion that invited teenagers to upload photos of themselves wearing Ring Pops to Facebook, Twitter and Instagram.The complaint alleges the campaign violatestheChildrens Online Privacy Protection Act by collecting and disclosing personal data from children under 13 without their parents permission.

The R5 band featured Ring Pop photos in a music video (Image courtesy of fan site Ready5SetRock.com)

Not the outcome the company was looking for, clearly.

A blog article in the New York Times reports the company launching the campaign earlier this week inviting teens to submit pictures of the ways they rock their edible bling with submissions going up on the companys Facebook and Twitter pages along with contestants social media names. Winning pictures were also featured in a music video by R5, a pop-rock band that is popular with teen and pre-teen girls.

But some of the photos featured teenage girls and some who appear even younger in provocative poses with their lips wrapped around the Ring Pop candies. Parents and advocacy groups erupted in rage.

Showing young girls licking the candy in a Lolita-type way, its outrageous, Michael Brody, a child psychiatrist in Potomac, Md., told the New York Times. By knowing the contestants user names you could get in contact with them. Children shouldnt be put in this situation.

Oops.

As brands work to engage audiences on social media it is critical they understand FTC guidelines, best practices and even the practical implications of the ways a seemingly innocuous social media or PR campaign can go wrong. Katie Creaser,vice president of NYC-based PR and social media firmAffect, has offered up the following tips and planning questions for marketers to consider before launching social media campaigns, as follows:

Says Creaser: When you decided to engage on social media, you are agreeing to stand on a very public stage and allow your customers to tell you what they really think about you.What sounds like a great idea or a promotion in a marketing meeting may not play out well once its launched online.

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Marketing Gone Wrong: Is Your Social Media Plan Legal?

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