Ethics in Marketing: Bigger, Better, Best – It’s not that simple

New marketers are the key to consumer trust

As marketing professionals, we all want to promote our products and services as the best. It’s our job to increase revenue or bring in more clients, but many inexperienced, new marketers don’t realize that using superlatives such as “we’re the best” or “we have the highest quality” can be very dangerous – and sometimes illegal.

You hear it on the radio, see it on TV and billboards, and read it online and in print. It’s a very common mistake when you rely on media sales staff to write your script. These media companies typically don’t know the laws in your industry. They don’t know your products or services better than you do, so they oftentimes just say the only thing they can come up with… claims that your product is superior without substantiation, and it’s a slippery slope best to avoid.

When you claim your company is the best, you may have to prove it or face consequences. Your competitor may challenge your claim in court.  And in many highly regulated industries – healthcare, legal, pharmaceutical – your company could face significant fines and even risk losing its license. As a professional marketer, you have the responsibility to protect your company (and yourself) from that happening.

Find the niche

The most important thing you can do as a marketer is find out what your company’s competitive advantage is. Where does your company excel?

  • Did your company establish a product or service in the industry? (If you were the first one, be sure to use “premiere” rather than “premier” to avoid claims)
  • Does your company serve a special population, clientele, or geographic location?
  • Is your company’s culture something unusual where you can use a different voice or strategy to stand out?
  • Is your customer service or return policy something that removes buyer angst?

You don’t have to be the top dog in your industry to gain a loyal following and build a successful company. Look at HäagenDazs® Ice Cream. They didn’t have to go head-to-head against Breyers. They created their niche, priced it at a higher value for a discerning consumer, and created a subset within their industry: micro-batch ice cream.

You’re the best, so back it up

But you really ARE the best, right? Some ranking agency has told you so. J.D. Powers & Associates or U.S. News & World Report has dubbed your company the best in a specific category. Just about every industry has an organization that recognizes outstanding companies in the field. In those cases, it’s perfectly fine to toot your horn. When you promote your company’s achievements, do so ethically and transparently:

  1. Use the exact verbiage used by the accrediting organization to promote your accolades
  2. Provide a link to how their methodology came about to determine your company’s ranking
  3. Disclose in footnotes whether or not you paid the company a fee or were required to pay for membership in the organization to be included in the ranking
  4. Be mindful of the dates for which your company received the awards
  5. Never, ever, ever Photoshop an award banner/logo to update it from a previous year to another year even if your company qualifies for that year

He can huff and puff, but don’t let him blow the house down

Avoid puffery, even if your CEO is pressuring you to do so. Writing content that makes claims you can’t back up can cost you your customers and damage your reputation. If you’re a smaller company with standard technologies and your competitors have the newest and shiniest technologies, avoid saying you have the “highest quality” because you actually don’t. That can be a tough pill to swallow especially when that higher quality technology costs millions of dollars. You may have the highest quality in your town, but if your customer traditionally migrates out of town for the same services or products, then you’ve lost.

When I worked at one company, my then-CEO asked me to promote our new CT scanner to the community using the term “most advanced technology” while our competition 20 miles away had newer, more advanced equipment. Out-migration patterns proved that patients sought medical care in the competition’s area because they had a higher level of care. Therefore, I couldn’t promote our technology as the “most advanced” because our clients’ out-migration pattern determined that our market share included that competition’s geographic location. More “advanced technology” than what we offered was within reach for our patients, and they were willing to drive to get it.

So the solution is to transparently promote the benefits of what you DO offer as well as your competitive advantages.

Keep in mind, customers and competitors are watching. Some will report you to the Attorney General, the Federal Trade Commission, the Better Business Bureau, or your licensing agency.

As a marketing professional, stick to your ethical guns, provide evidence why you shouldn’t go down that path, and provide an alternative to your boss.

The American Marketing Association has a Code of Ethics that marketing professionals vow to uphold.  One of the key tenets is “Represent products in a clear way in selling, advertising and other forms of communication; this includes the avoidance of false, misleading and deceptive promotion.” This is essential because so many times, consumers lose confidence in companies based on what we do and say as marketers.

Be the best – at your job as a professional marketer

When I was learning marketing 20+ years ago, there were no stand-alone courses in college about marketing ethics. We learned on the job, through trial and error, and by professional organizations teaching us values. Maybe, just maybe a college professor mentioned it in class one day.

There are still plenty of unsavory marketers out there, scamming people, breaking the rules, and shattering customer confidence. Don’t be them. Rise above it all and be ethical, transparent, and trustworthy as a marketing professional. If you’re reading this blog, you are taking the first step to becoming the future of ethical marketers.

Ethics in Marketing: Red Flags When Shopping Online

Shopping online can be convenient, but before purchasing an item, it’s important to check the legitimacy of the company and the small print in their offer before giving personal information and making a purchase. Here are Two Lessons I’ve learned when shopping online. 

First Lesson: The URL with “Consumer Review” as a Keyword

When my neighborhood was hit with a rash of robberies, it prompted my search to have a security system installed. Many companies sell a variety of services through their websites, but they aren’t an apples-to-apples comparison.

In my search, I contacted the top five companies I had seen listed on numerous comparison review sites. Most companies have the same thing: a landing page with the call-to-action with a form to complete so someone will call you. I was actively looking, so I wanted to talk to people.

After I completed the online form for one of the self-professed “leading companies” no sooner had I hit send than my phone was ringing. I hadn’t finished reading their value proposition and pricing details to know what I would possibly be buying. About 10 minutes into the conversation with the sales guy, I still didn’t know. He was so robo-reading the script and sales pitch, and I had no idea what tangibles would be installed at my house. When I mentioned I needed time to digest the information, he said, “Well, I’m here to answer any questions you have.” When I explained I actually hadn’t had a chance to compile my question list to know what to ask, he became defensive and told me to check out the online review sites.

I had actually performed an organic search and found several “consumer review” sites with comparison grids. Upon mentioning I was looking over several review sites, he directed me away from Yelp! and Google reviews and steered me to what sounded like legitimate organic review sites. These specific sites were fully loaded with positive reviews, some even sounding just like his sales pitch.

At this point, my marketing spidey-sense had strong suspicions that the company’s digital team had created their own product sales page with their own reviews under the guise of it being a third-party reviewer. Sadly, since anyone can buy just about any vanity URL, that’s a common black-hat strategy. While these types of marketers think they’re clever and working the system, for the most part, they are deceiving people who believe URLs with “consumer review” in the name are legitimate.

Marketers know companies can clearly optimize for organic search, so when you see a review page, dig a little deeper to see if it’s a credible source. And what was the red flag? The language in the reviews on the company-owned-and-masked review site gave glowing 5-star reviews with similar verbiage even mimicking the sales pitch, while the reviews on known sites such as Yelp! and Google were abysmal.

The end result for me was to keep searching and taking time to read other review sites, social media, and Consumer Reports.

Lesson Two: Shopping Cart Stuffing (Bait & Switch)

Browsing through my Facebook feed, I came across a sponsored story in my feed. I confess, I’m a huge K-drama fan, and when I saw the Exclusive headline about one of my favorite Korean star couples, I just had to take the bait and read the juice: “ Staff Sees Song-Song Couple Fighting In The Dressing Room!”

Since Song-Song couple is known for proper manners in public, I figured it may be a silly or funny article. I wasn’t expecting an actual scam. My first red flag should have been the sponsoring page “All Natural Foods,” but I bit the hook.

The faux story discussed the fight was due to the leading man, Song Joong Ki, outing his wife’s personal beauty secrets during an interview. According to the article, Joong Ki said wife always used one particular product on set, and that upset her because she has a contract with another leading cosmetic company. To legitimize the article and elevate their own brand, the article mentioned her the cosmetic company with whom she had a contract.

While the call-to-action was a simple link embedded on the name of the product, it appeared to legitimize the product and make it seem as though the article wasn’t a blatant ad.

Once you clicked on the link, you could take advantage of their trial offer for $2.95. There were no Terms & Conditions, no commitment, just $2.95.

As a smart consumer, I thoroughly reviewed this site before signing up for my low-risk $3 trial. When I landed on the pre-checkout page, there was a “But wait!” offer telling me other people loved this additional product as well, and it was only $4.95 trial. There was no radio button to click or unclick, and I proceeded ahead anyway without ordering this product. The checkout page confirmed my order was $2.95.

Something just didn’t feel right, so I did a Google search to check for consumer complaints.

Checking several scambuster websites, I saw consumer complaints that stated the trial automatically enrolls you in a program of $90 per month… per product! There was no mention whatsoever of this supposed commitment. Consumers also complained the company adds products to your cart without your consent. The customer service phone numbers were listed, and complaints mentioned calls went into a technology wormhole never to be resolved. And then consumers warned the company will even charge a $9.95 restocking fee if you cancel.

I then immediately went to my credit card website and checked my online activity online. Just as consumers had warned, there were TWO charges from TWO different companies. One was the $2.95 trial product I’d been duped to get, and the other was the $4.95 product I never agreed to purchase nor wanted.

End result? I disputed the charge with my credit card and explained in detail how the company works. My credit card company recommended they issue a new card number so the scammers wouldn’t be able to continue charging. I also emailed customer service and told them I was canceling the order.

A few days later, I returned to the article link and found a 404 error code, and there is no sign of the trial offer website either. It seems the black hat strategies caught up with them.