Health

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.