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------------------------------------------------------------------------------------------Contents LEARNING OBJECTIVES 3 Background of advertising and
society 4 Introduction 4 Advertisings social role 4 Advertisings role in
shaping or mirroring society 5 Social and Cultural considerations in
international advertising 5 Review and regulation OF ADVERTISING 6
Trademark and copyright protection 8 ADVERTISINGS REGULATORY
ENVIRONMENT 8 The FTC, 8 Regulating Deception 8 Regulating
substantiation 9 Remedies for Deception and Unfair advertising 9 Food
and drug administration 9 ? Federal Communication commission 10 ?
Other regulatory bodies 10 ? Bureau of Alcohol, Tobacco, and firearms
10 ? The U.S
postal service 10 ? International laws and Regulations 10 MEDIA
REVIEW OF ADVERTISING 10 SELF REGULATION 11 Self-Discipline 11 ?
Industry self-Regulation 11 ? Public and Community Review 11 ? Local
groups 11 ADVERTISING ETHICS 12 Poor taste and offensive advertising
12 ? Reinforcing stereotypes 12 ? GENDER ROLES 12 ? Racial and
ethnic stereotypes 13 ? Senior citizen 13 BODY IMAGE AND SELF IMAGE
13 Bureau of Alcohol, Tobacco, and firearms 13 Targeting children 13
ADVERTISING CONTROVERSIAL PRODUCTS 14 ? TOBACCO 14 ?
ALCOHOL 14 ? PRESCRIPTION DRUGS 14 DETERMINING WHAT IS
ETHICAL 15 The Social Ethic 15 ? The Professional Ethic 15 ?
International standards and codes 15 ? Personal Ethic 15 SUMMARY 16
KEY TERMS 17 DISCUSSION QUESTIONS 17 Review questions 17

LEARNING OBJECTIVES Discuss the shape-versus-mirror debate.

Analyze the legal topics that guide advertising practice. List the key
regularly agencies and their responsibilities. Explain the way the
advertising industry regulates itself. Critique the key ethical issues that
challenge the practice of advertising. Outline three ways to determine
if an advertising decision is ethical.

Background of advertising and society This comparative and crossdisciplinary study examines the origins and consequences of pre-1930
belief that advertising harm society. These surprisingly well developed
beliefs stimulated enduring regulatory restraint upon adverting and
formed the foundation of present critical thought. They have important
implications for current macro marketing.
The debate on the social consequences of advertising miss an
important and enduring macro marketing issue all over the world. (See
e.g. bedewing 1982). Destruct of advertisings impact upon societal
about marketing in general. Negative judgment about advertisings
societal dismissed. Polly (1984 personal communication) observes that
the early opponents of advertising may have been in a far superior
position to note the impact of advertising as they say their world
changed while we take so much granted. On the other hand if current
criticism which arose in an environment far different.
Introduction The specter of increased government rules and
regulations are haunting advertisers. Consumer supporters are
attacking advertising not only for individual excesses but also for
perpetuating artificial product differentiation among basically identical
goods and thereby maintaining oligopolistic markets in which
consumers are very sensitive in selection and differentiation of the
products.
The Federal Trade Commission, the primary regulator of advertising,
has become somewhat more strenuous in dealing with unfair and legal
advertising. The Commission staff has recommended ways of defining
deception which would reduce the scope of lawful advertising and
subject advertisers who violate the law to remedies more meaningful
than those used before (e.g.,
the FTC may seek corrective advertising which would require not only
that illegal advertising be stopped but that future advertisements
include corrections of the Advertising previously disseminated.)
Advertisings social role Advertising takes place in a public plate form
in which business interests, creativity, consumer need and government
rules and regulations meet. Sometimes ads are controversial. And
sometimes they are just as the Ad week list illustrates.
But some criticism of advertising go deeper and take us to the core of
advertisings visible social role The excessive, misleading, and false
claims made by patent medicines makers in the early twentieth
century generated the first regulation of advertising through the pure
Food and Drug Act 1906. Advertising economic roles also has been
criticized in the way it created demand which means people want or

feel a need to buy and use that product.

Demand CREATIONS means using an external message to drive people
to feel a need or desire to buy that product or search out a better
opportunity. Demand creation becomes a question of ethics when
social critics charge that a demand is artificial and the products are
really dont needed because peoples wants are manipulated
unnecessarily We know that however, that advertising also supports
brands we like, and also teaches us how to use the product and make
the life easier and healthy. Advertising is used in social marketing to
support good reasons. In itself advertising is not an evil.
Although we believe that advertising is a good force for betterment of
the society. Advertisings role in shaping or mirroring society The
second half of the twentieth century is notable for the rise of a
materialistic consumer culture in the western world. Critics argue that
advertising has repeatedly crossed this line, influencing the groups
specially children and young teenagers too strongly.
This shape-versus-mirror debate is the most central issue we need to
address in considering advertisings role in society. In fact, advertising
and societys values are probably interactive, so the answer to debate
may simply be that advertising both mirrors and shape values. We also
know that advertising planners search for insights into consumer
behavior.
Social and Cultural considerations in international advertising Many
oppose the move to a global perspective because of concerns about
the homogenization of cultural differences. Marketing imperialism or
cultural imperialism is a term used to describe what happens when
western culture is imposed on others, particularly cultures such as the
Middle East, Asian, and African cultures.
Companies starting to do business in the Middle East have to learn new
selling methods because the region is so devoutly religious? There are
major restrictions on how women are presented in advertising. Many
Asian cultures emphasize relationships and social groups or community
context. In Asian cultures it is not considered a good thing to have a
direct eye contact with elders or touching is also considers a bad thing
in Asia.
To be very effective it is considered an important thing to differentiate
the cultural values. Review and regulation OF ADVERTISING Advertising
is regulated and monitored by a number of groups. The figure shows
how the parties are involved in taking the responsibility of advertising.

There are the following five parties involved in Government Media

Industry Public or community groups Competition Figure: Trademark
and copyright protection A trade symbol that identifies the sellers
brand and differentiates it from the brands of other sellers. A
trademark must be registered through the patent and trademark
offices which gives the organization the exclusive use of that mark.
A recent issue of trademark is protection for uniform resources locators
(URLs), which are internet domain names. Advertisers must remember
that URLs must be registered just like the other trade mark. They are
issued at first-come, first-served basis for any domain name not
identical to an existing brand name.
ADVERTISINGS REGULATORY ENVIRONMENT In addition to the federal
trade commission, the Food and Drug Administration and the federal
communication commission are dynamic components of advertising
regulatory environment. The FTC, Established by congress in 1914 to
oversee business. The Federal Trade Commission (FTC) is the primary
agency governing the advertising industry.
Its main focus with respect to advertising is to identify and eliminate
ads that deceive or mislead the consumer. Some FTC responsibilities
are to Initiate investigations against companies that engage in unfair
competition or deceptive practices. Regulate acts and practices that
deceive business or consumers and issue cease-and-desist orders
where such practices axis.
Fine people or companies that violate either (!) a trade regulation rules
or (2) a cease and desist order given to any other firm in the industry.
Regulating Deception Ultimately, advertisers want their customers to
trust their products and advertising, so many take precautions to
ensure that their messages are not deceptive, misleading or
unreasonable.
Deceptive advertising is advertising intended to mislead consumers by
making claims that are false or by failure to make full disclosure of
important facts. The current FTC policy on deception contain three
components Misleading Reasonableness Injurious This policy makes
deception difficult to prove because the criteria are rather vague and
hard to measure.
Regulating substantiation Claim substantiation is an area of particular
concern to the FTC in determining whether or not an advertisement is
misleading. The advertiser should have a reasonable basis for making
a claim about product performance or run the risk of an FTC
investigation. The FTC determines the reasonableness of claims on a

case-by-case basis.
In general the FTC considers these factors: Type and specificity of claim
made Type of product Possible consequences of the false claims.
Degree of reliance on the claims by consumers The type and
accessibility of evidence available for making the claims Remedies for
Deception and Unfair advertising The common sources of complaints
concerning deceptive or unfair advertising practices are competitors,
the public and the FTCs own monitors.
If a complaint seems justified, the commission can follow several
course of action: consent decrees, cease-and-desist orders, fines,
corrective advertising, substation of advertising claims, and consumer
redress. Consent decrees a consent decree Cease-and-desist orders
Corrective advertising Consumer redress Food and drug administration
The food and drug administration (FDA) is the regulatory division of the
department of health and human services that oversee packages
labeling, ingredient listings, and advertising for food and drugs.
For pharmaceutical companies, advertising is a commercial free
speech issue and the industry has brought pressure on the FDA to
make direct-to-determine rules for prescription drugs more
understandable, simpler, and clearer. Federal Communication
commission The federal Communication commission (FCC), formed in
1934 to protect the public interest in radio and television broadcast
communications, can issue and revoke licenses to broadcasting
stations. The FCC also has the power to ban messages, including ads,
that are deceptive or in poor taste.
Other regulatory bodies In addition to the FTC, the FDA, and the FCC,
SEVERAL OTHER FEDRAL AGENCIES REGULATE ADVERTISING. Most
other federal agencies that regulate advertising are limited to a certain
type of advertising, product, or medium. Bureau of Alcohol, Tobacco,
and firearms The bureau of alcohol, Tobacco, and firearms (BATF)
within the Treasury Department regulates deception in ad2and
establishes labeling requirements for the liquor industry.
The agency power comes from its authority to issue and revoke annual
operating permits for distillers, wine merchants and brewer. The U.S
postal service The postal service regulates direct-mail and magazine
advertising and has control over the areas of obscenity, lotteries, and
fraud. Consumers who receive advertisements in the mail that they
consider sexually offensive can request that no more mail be delivered
from the the sender.
The states' attorneys general The national association of attorneys

general tried to regulate advertising at the state level. Members of this

organization have successfully brought suits in their respective states
against such advertising giants as Coca-Cola, Kraft, and Campbell
soup. International laws and Regulations As advertisers, agencies, and
media become more and more global, it will be imperative that the
players understand the local ethical standards and laws in the
countries in which they operate. Marketing practices, such as pricing
and price advertising, vary in their legal and regulatory restrictions.
Distribution is particularly troublesome in some local markets
particularly those that operate with many small retailers. MEDIA
REVIEW OF ADVERTISING The media attempts to regulate advertising
by screening and rejecting ads that violate their standards of truth and
good taste. Most networks have a standard and practices department
that screens every off and gives approval before the ad can run.
Each individual medium has the discretion to accept or reject the ad.
For example the readers digest refuse to accept Tobacco and liquor
ads. The first amendment gives any publisher the right to refuse to
publish the ad which can cause a battle between publisher and
advertisers. For example some billboard companies refuse to run
billboards for wines brand name Polygamy Porter.
The FTC pressuring magazines and newspapers, in particular, to stop
running ads for weight loss products that it says are misleading.
Publishers however, jealously guard their decision making rights and
resist being pressured by either government agencies or advertisers.
More recently a political advocacy group, Move On, sponsored a
contest to find the best commercial channel.
SELF REGULATION Rather than wait for laws and regulatory actions,
responsible advertisers take the initiative and establish individual
ethical standards that anticipate and even go beyond possible
complaints. Advertisers regulate themselves more active than do
government agencies There are three parts of self-Regulation SelfDiscipline Industry self-Regulation Self-regulation with outside help
Self-Discipline An organization, such as an advertising agency,
develops, uses, and enforces norms within its own practice. Several
U.S
companies (Colgate-Palmolive, general food, & ATT). Have their own
codes of behavior and criteria that determine whether advertisements
are acceptable. At a minimum, advertisers and agencies should have
every element of a proposed ad evaluated by an in-house committee,
lawyers, or both. Industry self-Regulation The industry develops, uses,
and enforces norms. The NAD is a full time agency made up of people

from the field of advertising.

It evaluates complaints submitted by consumer groups, industrial
organizations, and advertising firms. The NARB is a 50-member
regulatory group that represents national advertiser, advertising
agencies and other professional fields. Public and Community Review
The is also involved in the advertising review process through actions
by community, local business, and consumer activist groups.
Local groups At the local level, self-regulation has been supported by
the Better Business Bureau (BBB). The BBB (www.bbb.org) functions
much like the national regulatory agencies, and also provides local
businesses with advice concerning the legal aspects of advertising.
ADVERTISING ETHICS Advertising law and regulations can only go so
far in ensuring ethical practices by advertising.
Ultimately professionals in the industry have to be guided by their own
ethical principles. Ethics is a set of moral principles that guide actions
and create a sense of responsible behavior. Its about being able to
analyze ethical questions and dilemmas in professionals decision
making in terms of the concepts of right and wrong to determine ones
obligation and responsibility to do the right thing.
To help you better understand how ethics applies to advertising
decisions, we will discuss a variety of ethical issues that challenge the
standards of advertising professionals. Poor taste and offensive
advertising Although certain ads might be in bad taste in any
circumstances, viewer reactions are effected by such factors as
sensitivity to the product category, the time the message is received
(for example, in the middle of dinner), and whether the the person is
alone or with others when viewing the message. Some things on
television, for example that might not bother an adult when viewing
the message.
Advertisers and media outlets must try to be sensitive to such
objections. Reinforcing stereotypes Stereotyping is negative when it
reduces a group of people to a caricature. A stereotype is a
representation of a cultural group that emphasizes a trait or group of
traits that may or may not communicate an accurate representation of
the group (blonds are dumb, Italians are beautiful).
Sometimes the stereotype is useful (athletes are fit ) and aids
communication by using easily understood symbolic meanings, but
sometimes the stereotypes relies on a characteristics that is negative
or exaggerated and, in so doing, reduces the group to a caricature.
Diversity issues if we believe that advertising has the ability to shape

our values and our view of the world, then it is essentials that
advertisers become aware of how they portray different groups \.
Conversely, if we believe that advertising GENDER ROLES Television is
a powerful socializing agent and is particularly influential in the area of
gender identity. One of the most important lessons it teaches is how
people fit into culturally shared gender and racial roles. The way
women are cast as characters in commercials, as well as programs,
can create or reinforce cultural stereotype.
Historically, advertising has portrayed gender in distinct and
predictable stereotypes. Men are usually shown as strong,
independent, and they are told that products being advertised will
make their lives less stressful and more manageable. Whereas women
are shown as nurturing and empathetic, but softer and more
dependent.
Racial and ethnic stereotypes Critics charge that racial and ethnic
groups are stereotyped in advertising. Even though most in the
industry would deny it, that charge was evident in the just for feet ad
that showed a black man being hunted down like a wild animal. A
study of television of Asian in television commercials found that they
were treated similarly to females in general.
In other words they were underrepresent and given lesser roles. Even
the more frequent use of younger Asian characters is not actually
correct according to the culture. Senior citizen Another group that
critics say is often subject to stereotyping is senior citizens, a growing
segment of the population with increasing amounts of disposable
income. Critics often object to the use of older people in roles that
portray them negatively.
In the group of women in their 50s, participants had trouble keeping
their comments polite when viewing a series of health care ads that
showed older women in primarily sedentary activities. BODY IMAGE
AND SELF IMAGE Advertising has been criticized for glorifying
glamorous looks in both men and women. To discover how flagrant
Bureau of Alcohol, Tobacco, and firearms The bureau of alcohol,
Tobacco, and firearms (BATF) within the Treasury Department regulates
deception in ad2and establishes labeling requirements for the liquor
industry.
The agency power comes from its authority to issue and revoke annual
operating permits for distillers, wine merchants and brewer. Targeting
children As the earlier described that the advertisers would be wise to
conduct the necessary research to know the standards of taste for the

general population as well as the specific target audience. Because

mass media are seen or read by people outside the target audience,
such testing can be tricky.
The problem is that if you aim to satisfy everyone, you may not
connect with the primary target audience. This is a hilarious dilemma
in creating advertising. An even more serious problem is targeting
vulnerable groups, such as children. Advertising to children continues
the most controversial topic in the industry. After a 1988 study found
that the average child saw more than 20000 TV commercials per year,
a heated debate ensued.
One side favored regulation because of children's inability to evaluate
advertising messages and make buying decisions. In response, the FTC
imitated proceedings to study possible regulations of children's
television. Despite the FTC's recommendations, the proceeding did not
result in the Federal regulations until 1990.
In the interim, self-Regulation in the Advertising industry tried to fill
this void. Marketing alcohol to black teens is an issue because of the
use of the rappers like Ice-T to promote malt liquor and the dozens of
pages of alcohol ads that appear in black-youth culture magazines
such as VIBE.
ADVERTISING CONTROVERSIAL PRODUCTS Advertising reflects the
marketing and ethics of its clients TOBACCO One of the most heated
advertising issues in recent years has been proposed new restrictions
on the Advertising of tobacco. Cigarette advertising on television and
radio has been banned since 1971. In recognition of the growing public
concerns about ziggurat marketing Tobacco companies have
voluntarily curbed their advertising and pulled ads from magazines
with high levels of youth readership and from most outdoor billboards.
Most major tobacco companies also run anti-smoking advertising for
teenagers.
Critics said that this is not enough. Opponents of advertising bans
counter with the argument that prohibiting truthful, no deceptive
advertising for a legal products. Opponents of the ban also cite
statistics demonstrating that similar bans in other countries have
proved unsuccessful in reducing Tobacco sales ALCOHOL Television
advertising for liquor Han not been banned yet; however there has
been some restrictions on such advertising by the companies
themselves and most of the networks refused to accept alcohol
advertising. The biggest issue for the spirits industry, however the
charges of the underage drinkers.

In 2003 the FTC became so concerned that it asked a number of a

major companies to detail their marketing practices and target
audiences. Liquor executive contend that they will follow voluntary
advertising guidelines to avoid image and time slots that appeal to
kids. PRESCRIPTION DRUGS IN 1997 the FDA loosened its controls on
pharmaceutical companies, and as a result, the amount of prescription
drug advertising has skyrocketed.
While these print and TV ads have proven very successful in terms
increased sales, various consumer groups, government agencies, and
insurance companies have been quite critical to them. Also some
doctors claim that they are being pressured to write inappropriate
prescriptions because their patients are influenced by drug ad claim in
advertising.
DETERMINING WHAT IS ETHICAL How do we evaluate the advertisings
ethical performance? There are rules and regulations governing the
practice of advertising, but there are also codes of conduct as well as
personal and professional decision making guidelines. The social
ethics: The Golden Rule (Do unto others as you would as you would
have them do unto you) The professional ethics; what would be viewed
as proper by an objective panel of my professional colleagues.
The personal ethic: (would I feel comfortable explaining this decision to
my mother?) The Social Ethic Our concept of right and wrong is based
on moral rules, our personal or professional mindset and cultural
values. In South Asian Countries just like Pakistan, India or Bangladesh,
the values are mostly associated with ethics are honest, morality,
virtue, fairness, and integrity.
The golden rule of advertising is that Do Not Harm Lets look at the
ethics from the opposite side. The unethical practice includes illegal
practices such as lying, misleading, deceiving, or harming other people
through insensitivity, confusion, irritation, or a conflict of values. If we
consider these ethical values and principles it is necessary to be
socially responsible.
The Professional Ethic Professional sin advertising by and large see
themselves as ethical people. However, the public tend to see them
differently, as the polls show. In an Honesty and Ethics Poll by the
Gallup organization, advertising practitioner ranked forty-third out 45
occupational categories.
In the wake highly public business scandals such as the collapse of
Enron, many firms are responding with their own codes of ethics.
International standards and codes Standards of professionals behavior

are not found only in the United States or other Western countries.
Singapore, for example has an ad code specifically designed to prevent
Western-influenced advertising from impairing Asian family values.
Personal Ethic In advertising, a code of ethics is just a starting point.
Ethical decisions are usually complex and involve navigating a moral
maze of conflicting forcesstrategy versus ethics. But more
importantly, personal judgment and moral reasoning rests on an
intuitive sense of right and wrong, a moral compass that tells you when
an idea is misleading, insensitive, too over-the-top.
The practical tips box suggest some ethical questions professionals in
advertising can ask themselves as they conflict an ethical dilemma.
Note that the list is organized into of most concern in the actual
practice of advertisingdecision about advertising strategies and their
execution tactics. SUMMARY 1. DISCUSS THE SHAPE-AND-MIRROR
DEBATES The shape versus mirror debate is the central issue to
understand the Advertisings role in society.
Critics of advertising tend to believe that advertising has the power to
shape social trends and the way people think and act, advertising
professionals believe that advertising mirrors values rather than sets
them. ANALYZE THE LEGAL TOPICS THAT GUIDE ADVERTISING
PRACTICE There are two pivotal areas of case law-trademarks and
copyright protection.
and first Amendment-that pertain to advertising. The patent Office
protects unique trademarks from infringement by competitors. 3. LIST
THE KEY REGULATORY AGENCIES AND RESPONSIBILITIES The FTC is the
the agency primarily concerned with identifying and eliminating
deceptive advertising The FDA oversees advertising related to food
and drugs. OTHER Regulatory bodies with some advertising oversight
include bureau of alcohol, Tobacco, and firearms. 4.
Outline the ways professionals determine if an advertising practice is
ethical. Ultimately ethical decision making comes to a personal sense
of what's right and what's wrong. To help with these decisions
professionals consider social responsibility, professional codes and
standards, and personal moral reasoning.
KEY TERMS Copy right Corrective advertising Code of standards
Demand creation Ethics Social responsibility Demand creation
Stereotype Trademark Endorsement DISCUSSION QUESTIONS Mali is
the Advertising manager for the Jung newspaper. He is looking over a
layout for a promotion for a spring break vacation package. Review
questions Explain the debate over whether advertising shapes or

mirrors society.
If you were to take a side in this debate, which side would you be on?
Explain how trademarks and copyrights are legally protected, and why
the First Amendment is important to advertisers. In addition to the FTC,
what other governmental bodies are involved in regulating advertising
practice? Explain the three ways in which self-regulation operates in
the advertising industry. References
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1&oi=scholart&sa=X&ved=0ahUKEwjsp- Advertising principles and
practice by William wells
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