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Our story on P&G and their promotion promising to give $1 to wildlife causes for every bottle of Dawn sold has been updated, based on new information provided by the company.
See update here, at the end of the original story.
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For a while last year, it seems like every cable and satellite provider was claiming to have the most HD programming. If they all claim to have more, someone’s not telling the truth.
Here is DirecTV’s “To Tell the Truth” commercial claiming to have more HD than Dish Network or cable.
But then you had Comcast claiming to have more HD than satellite:
Can you believe anyone? DirecTV challenged Comcast’s claims before the National Advertising Division (NAD) of the Better Business Bureau, where the organization reviewed Comcast’s claims in TV commercials such as:
· “More HDâ€
· “Comcast has more HD than satellite. More HD than anyone.â€
· “More HD choicesâ€
· “More HD Optionsâ€
· “You might think DIRECTV has more HD than Comcast but you’re wrong!â€
Here is part of NAD’s ruling.
*MOUSE PRINT:
“Following its review of the evidence, NAD determined that DIRECTV currently offers the most HD channels and Comcast, by combining its HD channels and HD On Demand library, currently offers the broadest selection of HD programming. NAD also determined that “claims like ‘More HD Choices’ or ‘More HD Options’ is a logical way to describe the combination of linear HD channels and HD content On Demand available to Comcast subscribers.†However, NAD also found that, depending on the context in which such claims appear, they could also be reasonably interpreted to mean “More HD channels†– as the challenger argued. NAD recommended that that the advertiser modify five separate commercials to avoid consumer confusion.”
The bottom line is that both companies confused the public as to the quantity of HD offerings they had. So if you are shopping for a new provider, look at the channel lineup of each company to see what is actually being offered in your area.
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In an effort to make the most generous donation ever to the Susan G. Komen for the Cure breast cancer fund, KFC is running a national advertising campaign called “Buckets for the Cure.” For every pink bucket of certain types of chicken, 50 cents will be donated to the cause. [The commercial, originally below, has been removed from YouTube.]
The clear impression created, at least to MrConsumer, is that for every bucket SOLD to CUSTOMERS, 50 cents will be donated. Go back and listen again. It just says “For every bucket,” leaving you to fill in the blank, most likely by adding “sold to customers” or “bought by customers”. But alas, there is fine print, the last line of which reads:
*MOUSE PRINT:
“Customer purchases of KFC buckets during the promotion will not directly increase the total contribution.”
Huh? The rest of the fine print explains that KFC store operators buy the pink buckets and that it is THEIR purchases of empty pink buckets that trigger THEIR giving 50 cents each to Susan G. Komen.
A spokesperson for KFC explained that donations are made at the time the individual restaurant operator purchases the pink buckets, and that since those are the only buckets that will be available to them during the promotion period, consumer purchases of pink buckets will actually but indirectly affect the total donation.
There is just one problem. Some of the other fine print in the KFC commercial says:
*MOUSE PRINT:
“KFC restaurant operators have contributed 50 cents the Susan G. Komen for the Cure for Komen branded bucket purchased by the operators from April 5, 2010 – May 9, 2010.”
But, on the Susan G. Komen site, the expiration date of the offer for customers to order chicken in pink buckets is three weeks later.
*MOUSE PRINT:
“The pink buckets will be available through May 30, or while supplies last.”
KFC told Mouse Print* that it intends to continue to advertise this promotion after May 9 (until May 23), presumably still saying “together, we can make the largest donation in Komen history”. The problem is this as we see it: consumers could easily be misled into believing that their purchase during that period is increasing the amount of money going to the breast cancer fund when in fact it is not, either directly or indirectly. Remember, the actual donations will have ended on May 9. Not many TV watchers will catch the fine print disclaimer that would instruct them about that fact.
In regard to this, the KFC spokesperson said:
“The voice-over in the commercial states, ‘For every pink bucket of grilled or original recipe, KFC makes a 50 cent contribution to Susan B. Komen for the Cure.’ That is, of course, entirely true. And then, as you pointed out, the additional details are in the legal copy on the commercial and on the bucket.”
What KFC ignores is the concept of “net impression”. What is the net impression that consumers will take away from the commercial? As noted above, we suggest that most consumers are likely to believe their purchase will help the cause. Why else would KFC continue to advertise a charitable tie-in unless it too believed this will help spur consumer sales (and put KFC in a favorable light in customers’ minds)?
There is an advertising regulation in Massachusetts that says, “An advertisement as a whole may be unfair or deceptive although each representation separately construed is literally true.” That may well be the case in this instance.