Advertising & Marketing Law eJournal最新文献

{"title":"The Multi-Level Marketing Pandemic","authors":"Christopher G. Bradley, H. Oates","doi":"10.2139/ssrn.3898823","DOIUrl":"https://doi.org/10.2139/ssrn.3898823","url":null,"abstract":"Among the many societal effects of the COVID-19 pandemic has been a sharp rise in the activities of multi-level marketing companies (MLMs). MLMs are business enterprises in which participants seek not only to sell products to friends, family, and social media contacts, but also to recruit them as MLM participants, with the promise of “building their own business from home.” False promises often pervade MLM sales pitches. Evidence shows that few participants see even a dollar of profit from their MLM work;the vast majority of recruits quickly abandon their MLM dreams and lose their investments. Yet the pitch has become all the more appealing in the course of the COVID-19 pandemic. Many people are desperate—unemployed and in need of immediate earnings and also in need of flexible, at-home work due to health concerns and family responsibilities. MLMs have been particularly appealing to the working mothers who, evidence shows, have borne the brunt of the impact of COVID-19 both on employment and on childcare and other household-related responsibilities.Regulators have long scrutinized and fought the worst abuses of MLMs. They have sought to find and shut down the unscrupulous MLMs that are in fact nothing more than fraudulent pyramid schemes, and also to curtail the misrepresentations and exaggerations that are all too often the stock-in-trade of participants in more legitimate MLMs. But regulators, including the Federal Trade Commission, face significant legal and practical limitations in their ability to promulgate and enforce MLM regulations. This Article examines how regulators have addressed MLM activity and proposes means of stemming the pandemic-driven expansion of unlawful MLM activities. It assesses efforts by regulators, by social media companies, and by self-regulatory organizations set up by MLMs themselves. Comprehensive, long-term success at curbing the abuses of MLMs will require more significant regulatory action that is currently permitted by law. But immediate steps outlined here can provide some much-needed relief for consumers harmed by the unlawful MLM activities that have been fostered by the COVID-19 pandemic.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125847244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How Elon Musk's Twitter Activity Moves Cryptocurrency Markets","authors":"Lennart Ante","doi":"10.2139/ssrn.3778844","DOIUrl":"https://doi.org/10.2139/ssrn.3778844","url":null,"abstract":"Elon Musk, the richest person in the world, is considered a technological visionary and has over 44.7 million Twitter followers. We analyze to what extent Musk’s Twitter activity affects short-term cryptocurrency returns and volume. Based on six recent cryptocurrency-related Twitter activities, we identify highly significant abnormal trading volume following each event. Furthermore, we discover significantly abnormal returns of up to 18.99% for Bitcoin and 17.31% for Dogecoin across different time frames. Nevertheless, not all tweets lead to significant abnormal returns. Our study shows the significant impact that social media activity of influential and well-known individuals can have on cryptocurrencies.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133837325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Revitalizing Cultural Characteristics in Advertising in Nigeria Within a Sketch of Systemic Paradigm","authors":"T. Dalamu, G. Ogunlusi","doi":"10.22395/angr.v19n37a2","DOIUrl":"https://doi.org/10.22395/angr.v19n37a2","url":null,"abstract":"This study investigated cultural pieces of advertising to indicate the ways that publicists deploy socio-cultural resources as normative channels of persuading readers to consumption. To achieve that goal, ten advertisements of financial, food, and telecommunications industries, harvested from The Punch newspaper, the Internet and erected advertising frameworks, functioned as data of analysis. After stratifying the advertisements into appropriate organizations, the terminology of ‘Below the clause’, functioned as the processing instrument. This allowed the application of graphic illustrations to account for the frequency of communicative components. The analysis revealed the employment of nominal groups (the lessons; this Eid) as playing dominant roles in the constructs, verbal groups (taste; celebrate) and prepositional phrases (from all of us at Fidelity Bank®; of commerce), also operated as stimulating structures. Although negligible, minor clause (Happy Workers’ Day; Eid Mubarak) are relevant grammatical elements of inducement. Besides anchorage and relaying functions interlocking the texts, one observed ambiguity (your work; Bae) in the Union Bank® and Wema Bank® advertisements. Connotations facilitated the communication of Mama don land and the big bottle of Coca-Cola®; the spirit of our nation and green-white-green dresses; your work and Maman Aisha; and the sacrifice of Christ with the crown of thorns. Contexts such as Yorùbá traditions, family affairs, religious nuances, savings, and historical notions are propagated cultural endowments that influenced the advertisements’ meaning potential. As a result, the analysts might suggest that advertisers ought to consistently decorate their campaigns with cultural fortunes. Such behavior has the capacity to educate and influence readers to consumption in their various regional domains.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122727235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Taking a Dive Into Google’s Chrome Cookie Ban","authors":"D. Geradin, Dimitrios Katsifis","doi":"10.2139/ssrn.3541170","DOIUrl":"https://doi.org/10.2139/ssrn.3541170","url":null,"abstract":"14 January 2020: After months of speculation, Google finally announced its plan to phase out third-party cookies on Chrome within the next two years. As Chrome boasts a worldwide market share in excess of 64%, the news sent shockwaves in the online advertising industry, whose foundations are largely built on web cookies. Concerns have been expressed that the banning of third-party cookies from Chrome could further strengthen Google and Facebook because of their large addressable first-party audience at scale. As to Google’s proposed “Privacy Sandbox” initiative, which it claims will “fundamentally enhance privacy on the web”, no one really knows how it will be implemented in practice and the industry seems to be confused. This uncertainty could hurt investment in an area that has already lost its attractiveness to investors. \u0000 \u0000Against this background, this short paper examines Chrome’s policy change and its wider implications on the online advertising industry. Yet in order to appreciate the importance of the announced change we need first to get back to the basics and understand what cookies are and how they are used in online advertising. This is all the more the case considering that, while many people talk about “cookies”, few seem to have a solid understanding of what they are, how they are created, and for which purpose.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"169 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124722341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Umbrella Branding in Pharmaceutical Markets","authors":"Moritz Suppliet","doi":"10.2139/ssrn.3040045","DOIUrl":"https://doi.org/10.2139/ssrn.3040045","url":null,"abstract":"Umbrella branding is a marketing practice whereby multi-product firms leverage their reputation across different product categories. The paper investigates how advertising in the market for non-prescription drugs affects the decision to buy prescription drugs from the same firm. To estimate the effects of umbrella branding, I exploit the fact that consumer-directed advertising of prescription drugs is prohibited in Germany and identify advertising spillovers with an instrumental variable that builds on exogenous seasonality in the non-prescription drug industry. Umbrella branding results in market expansion, particularly for generic firms, and can have a positive effect on consumer welfare in under-treated therapeutic areas.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117146473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A 'Faustian Pact'?: Native Advertising and the Future of the Press","authors":"L. Levi","doi":"10.2139/SSRN.2579341","DOIUrl":"https://doi.org/10.2139/SSRN.2579341","url":null,"abstract":"As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of “native advertising” – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers’ well-documented ad avoidance. Although the native advertising model debuted on digital native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew “native” had “arrived for good” when the venerable New York Times not only introduced its online “Paid Post,” but incorporated sponsored content in its print editions, and even hired an in-house branded content production team to conceive and execute the embedded ads on behalf of advertisers. Because such integrated advertising must inevitably flirt with disguise and deception, administrative and scholarly attention has principally addressed it through a consumer protection lens. Yet this conventional frame ignores the more insidious hazards of this transformational development. Apart from confusing at least some consumers, the turn to native ads will profoundly hobble the press in the exercise of its democratic role and will invite recalibration of its privileged constitutional status. These effects are particularly troubling in an age when increases in global state power and new forms of censorship most call for a powerful, independent and fearless press. Still, since native advertising is here to stay, admittedly imperfect responses must be explored. In that spirit, this Article proposes three solutions: 1) designing sponsorship disclosure at the per-ad level in close alignment with results of rigorous empirical research regarding consumers’ cognitive and perceptual responses to labeling; 2) adopting an additional new approach to corporate-level disclosure – highlighting advertiser identity and spending – in order to aid public oversight over the editorial independence of news organizations; and 3) addressing structural impediments to collective action by news organizations in order to promote collective strategies for effective self-regulation in the deployment of native advertising.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129866443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"FTC V. Garvey: A New Trend or an Aberration?","authors":"P. Walker","doi":"10.2139/SSRN.3028192","DOIUrl":"https://doi.org/10.2139/SSRN.3028192","url":null,"abstract":"Over the past several decades, society has become increasingly infatuated with celebrity endorsements. The success of an endorsement depends upon many factors, including the type of product and the celebrity promoting it. The Federal Trade Commission (FTC) has specific guidelines and rules that address false and misleading advertising, including misuse of endorsements. \u0000 \u0000This paper examines the legal impact of FTC v. Garvey under FTC Endorsement Guidelines for advertising and infomercials. FTC v. Garvey suggests that the FTC may vigorously pursue celebrity endorsers when products they endorse fail to produce their advertised results.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127541796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards Plain Packaging: New Zealand's Way Forward in the Regulation of Tobacco Products","authors":"Elena V. McLean","doi":"10.2139/SSRN.2739489","DOIUrl":"https://doi.org/10.2139/SSRN.2739489","url":null,"abstract":"The New Zealand Government has indicated its intention to legislate for the plain packaging of tobacco products. This paper considers what path New Zealand should take in implementing its own plain packaging regime. Consideration of New Zealand’s particular interests is necessary in determining what constitutes the most appropriate approach to plain packaging for New Zealand. Whether these interests would be best represented through a policy of alignment with Australia or by implementing an alternative approach to plain packaging should inform the way in which the New Zealand Government proceeds with plain packaging. This paper considers alignment with Australia to be the most effective way to address the public health concerns presented by tobacco products and recommends that plain packaging is implemented in alignment with Australia’s plain packaging regime. However, this paper also recognises that a policy of alignment gives rise to certain risks and seeks to demonstrate that there are ways in which these risks may be reduced. New Zealand should consider the implementation of certain measures to reduce the risk of investment arbitration as well as the possibility of variations on the basic position of alignment in order to reduce the risk of WTO claims against plain packaging.","PeriodicalId":329499,"journal":{"name":"Advertising & Marketing Law eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131790181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}