More and more, I have noticed advertisements boasting meaningless language and deceptive calls to action. They start off with telling you the products are “inspired by NASA” or they’re “military-grade”, and they try to reel you in with hooks like “the first twenty people who call will get a special discount” or “we’ve established a special phone line just for this offer”… The examples are endless. But, does this language really mean anything? And where does the law draw the line on marketing language? This week, let’s talk about how to discern this marketing language and how you can be an even more discerning consumer in today’s jargon-heavy market.
What are the laws around advertising language?
The laws regarding marketing language in ads are all overseen and regulated by the Federal Trade Commission (FTC). The FTC stipulates that all ads must be truthful, not misleading in any way, and when applicable, product/service claims must be backed by verifiable scientific evidence.
We all know what ‘false advertising’ looks like, but it’s also important to remember that a claim doesn’t have to be untrue to be illegal. If a company makes a misleading claim about their product or service, that’s also illegal. For instance, a company that sells some sort of food might claim the item contains vitamins that prevent certain diseases. While they’re not claiming the product itself prevents disease, they’re implying it does by saying the product contains ingredients that do so.
The lines around advertising are fairly clear and require companies to keep their product/service claims accurate, back up any claims with scientific evidence where necessary, and to be truthful about costs and availability, among a few other rules.
The ‘gray’ area
Now, let’s discuss the gray area of advertising. What does it mean when a company claims something is “military-grade” or that the “first few callers get an exclusive discount”?
Well, to start with, when a product or service boasts that it’s ‘inspired by’ some entity or another, they’re trying to target a specific demographic with common values/beliefs that would be the most interested and likely to purchase something. Something that’s advertised as “military-grade” is likely aimed at veterans, active duty service members, or those interested in the military. Something being called “military-grade” is generally meaningless; this is just a marketing gimmick that is meant to be vague because it can mean the product passes any military standard, regardless of what the item is or what military standard it meets. This logic goes for most jargon used to pitch a product.
When a company uses calls to action that press for urgency, the ad is trying to use stress or scarcity tactics to get you to call or visit the website right away, as you’re more likely to purchase something if you feel you’re under a time crunch to do so. Usually, they say things like, “the first twenty callers” get a special discount, or that you “must call in the next five minutes to secure” the product at a discount. Again, these tactics are just that – and generally, no matter when you go to purchase something, the same price and shipping costs will apply.
In short, whether these practices are ethical is up to you to decide for yourself. However, it’s important to recognize these marketing tactics for what they are so that you can make informed decisions about what you’re buying.
Become a more discerning consumer
I highly encourage you to listen carefully to marketing language when you hear it. Do you hear any stress/scarcity tactics being used? Are they deliberately targeting a specific demographic with meaningless verbiage? If so, take a step back and observe the product or service with scrutiny. If they didn’t use that language, would you still feel interested in buying it?
It’s important to ask yourself these questions when unpacking marketing language. It takes practice over time to catch it right away, but once you start to notice it, you’ll never stop noticing it when it comes up.
Decide for yourself where you draw the line on ethical marketing. Just because something isn’t illegal doesn’t mean you have to support something that seems sneaky or unethical.
If you ever spot an ad you think might be breaching advertising laws laid out by the FTC, there are ways you can report companies for fraudulent business practices. The FTC provides a contact page with links to report any ads or practices that seem to skirt the law.
Every day, consumers grow more savvy and aware of marketing tricks that companies use to reel us in. No matter how companies change their marketing tactics and strategies to target consumers, we should make an effort to stay on the cutting edge of these tactics. Knowing how we’re being advertised to is one of the most important ways we can make informed decisions when making purchases in today’s marketing climate.
Josh Elledge is a syndicated newspaper columnist with over 12 years of experience covering consumer advocacy. His work spotlights money-saving skills, strategic shopping and financial life hacks.
