People's attitude towards advertising. Encyclopedia of Marketing The role of a competent advertising strategy

Krylov Andrey Vladimirovich Consultant, Art. partner of Living Eyes Consulting
Efimov Roman Consultant "Living Eyes Consulting"

WHAT IS THIS ARTICLE ABOUT?

This series of articles is devoted to the promotion of dietary supplements and medicines at points of sale. It's about how to make the buyer came to pharmacy, remembered, got interested And bought Your drug. The articles are divided into four areas of working with retail outlets: merchandising, promotional materials in pharmacies, promotional events and working with retail outlet staff. The article is preceded by an introduction, then a theoretical and practical story about each of the parts of a single complex of promotion on the sales meta. In our article, when talking about points of sale, we mean pharmacies, because... About 2/3 of dietary supplement sales on the market pass through them (not counting MLM).
The reader interested in the comprehensive promotion of dietary supplements can also refer to our articles on the development of the dietary supplement market, on the analysis of promotion on it through mass communications, on planning an advertising campaign and creative strategies for promoting dietary supplements in advertising.

EPIGRAPH

Scene in a chain pharmacy:
Young woman (addressing the pharmacist): Hello, I would like to buy something restorative... well... not very expensive?
Pharmacist: try some vitamins!
Young woman: Thank you, do you have anything on a natural basis?
Pharmacist: Look on that shelf, there are dietary supplements.
Young woman: Okay, thank you.
A woman approaches a large rack on which there are boxes and jars of different sizes and colors. He randomly takes the first one he comes across, reads the text on the back of the package... Puts it in its place, takes the next one, reads it again... With a confused look, he examines the products presented on the shelf. Her gaze quickly moves from the top shelf to the bottom. Then again on the top, sliding along the colorful labels. Suddenly, she stops the search, freezes for a moment and... walks out of the pharmacy with a decisive step, without having bought anything.

INTRODUCTION. PLACE OF SALE AS A PLACE OF DOUBT

Have you ever witnessed such a scene or found yourself in a similar situation? Of course, this can happen not only in the pharmacy and not only when choosing dietary supplements. Similar scenes can be observed in food supermarkets and clothing stores. What happened? Why did our heroine refuse to make a purchase, although at the beginning of the conversation described she was full of determination? How can a dietary supplement manufacturer help her choose the most suitable product of her own production? Let's try to figure this out together. But to do this we need to start with a little theory.
It is worth recalling that purchases in a store can be divided into three categories:

  • Clearly planned purchases– the buyer, before coming to the store, determined the product and brand that he intends to buy. The total time he spends in the store depends on how easy it is for him to find the product he needs. The fact that the buyer has identified the brand in advance may be due to established loyalty to the brand, habit, or advice from people he trusts. Figure 1 shows the main factors influencing the choice of dietary supplement brand by consumers. An example of planned purchases at a pharmacy may be the purchase of medications according to prescribed prescriptions or on the advice of a doctor, or the repurchase of a previously taken drug.
  • Partially planned purchases– the buyer knows what category of products he needs or what problem he needs to solve, but the process of choosing a specific brand continues until the purchase is made. At the same time, the time spent in the store increases; the choice in favor of one or another brand is made directly at the point of sale. An example of a partially planned purchase that did not take place could be the scene described in the epigraph or the purchase of medicine for a runny nose. As you understand, here we have a greater opportunity than in the first case to influence the behavior of the buyer.
  • Impulse purchases– when coming to the pharmacy, the buyer does not yet know about the future purchase and has no need for this category of goods. In this case, the need appears impulsively and the product brand is selected directly at the point of sale. There are more such purchases in the grocery supermarket; their share in the classic pharmacy is not so large. But the current trend in the development of the pharmacy market is the development towards pharmacy supermarkets and the offering to consumers not only of traditional pharmacy products, but a large range of auxiliary products and related groups. (According to...) This is how they buy mainly related products that are used in addition to the main ones (muesli bars or vitamins, vitamins or dietary supplements as an addition to the main medicinal drug). This can also include goods purchased “just in case” (“I need to buy a thermometer so that I can have it in the house in case it comes in handy”) or to replenish the household supply (“Oh, I still need to buy activated carbon, otherwise there is only one package left”). The main feature of impulse purchases is that the buyer realizes the need for a product (remembers, thinks about it, makes a decision) while being directly at the point of sale.

According to various studies, the percentage of purchases where decisions are made in the store (the second and third categories of purchase types) is 60-70%.

Picture 1. The main factors influencing the choice of dietary supplement brand by consumers. ( Source: Business expert K).

Another fact that needs to be understood and taken into account when building promotion on sales metas is that with the existing variety of products offered, it is very easy for a person to get lost in the flow of information about these products.
The human mind redirects the flow of information of the same type to the subconscious, from where information can return back to consciousness only with a strong or non-standard stimulus. This is what it's all about the essence of the mechanism of any events at the point of sale. To interest the consciousness in something useful or interesting for a person and convince him to buy it. In order to reduce the load on consciousness and at the same time control the flow of incoming information, we try to limit the flow, act according to the rules we have tested in practice, we try to create our own classification of the phenomena around us, which will help us in choosing the most correct decision.
An unknown and unusual action for us forces us to additionally mobilize our consciousness, which requires some effort and energy expenditure, and if it “does not pay off,” then we leave the pharmacy upset. Therefore, when finding ourselves in a situation where the incoming information is too heterogeneous, or, on the contrary, it is not enough to make decisions according to our usual patterns, a person often finds himself at a complete loss. In this case, there are two options:

  • try to understand the situation to the end, building new relationships and obtaining the missing information, and, using your energy, find the right solution
  • or, saving your energy, retreat by refusing to solve the problem or looking for its solution elsewhere. It seems that the heroine of our scene from the epigraph preferred the second path, abandoning efforts that were unjustified in this situation.

Now imagine that such collisions occur with the human psyche at the moment of one of the most familiar actions for us - making a purchase. Can we help the buyer and simplify his selection process by inviting him to choose and evaluate the product in a way that is easier and more enjoyable for him to do? Yes we can. Moreover, gratitude for such care will be the purchase of products from the person who helped him with this. And this is interesting both for the retail outlet, as an increase in the customer’s receipt and favorable attitude towards it, and for the manufacturer himself.
At the same time, when promoting products at a point of sale, of course, we must not forget that Advertising and information messages also help the consumer make a choice., which he hears and sees before purchasing and which should be associated with events at the point of sale. But this help is a topic for another discussion. In this article, we will focus only on ways to help the buyer when choosing a product at the point of sale.
These ones ways to help to the consumer in the order in which we will consider them:

  • Merchandising (product assortment and display) in retail outlets
  • Pharmacy Promotional Materials (POSM)
  • Promotions at retail outlets
  • Working with sales staff (stimulating them, training them and developing loyalty to the manufacturer).

MERCHANDISING IS OUR NEW SELLER

There are a huge number of definitions of merchandising in the marketing literature, here is one of them:
Merchandising– a set of activities carried out on the sales floor and aimed at the effective presentation and promotion of a specific product, brand, type or packaging (link)
In the context in which we will consider merchandising in this article, the following definition is more convenient for us:

Merchandising is a silent seller (not obscuring the product).

A little history. In ancient times, when people were forced to trade with other peoples without knowing their language, the art of presenting their goods was especially in demand for successful trade. The heroine of our scene in the epigraph could be helped in her choice with the help of this “mute seller”, providing a convenient and understandable arrangement of goods on the shelves for her and thus replacing the living seller for her. Some stores now sell only using the universal language of “merchandising.”
The most striking example here is the stores of the Swedish company IKEA, which build their sales all over the world on the principles of merchandising. They sell a wide range of household goods (from kitchen utensils to furniture sets). Excellent sales are carried out only through the skillful presentation of goods in huge trading floors, through which buyers move according to a certain plan. In addition, the costs of maintaining and training a huge number of sellers are significantly reduced, which allows you to maintain competitive prices for goods and develop business around the world.
It is worth noting that the skillful use of merchandising activities can be a cheaper way to convey information to the consumer than lengthy education and training of sales and medical representatives. And the integration of merchandising activities with the promotion of drugs in the media gives much greater returns than using only the media. After all, if the product is not on the shelves or is not visible there, then no amount of advertising will help.
In the “merchandising” language, two sections can be distinguished, which we will now move on to:

  • best presentation of products at the point of sale
  • Maintaining a range of products at the outlet.

BEST PRODUCT REPRESENTATION

Effective presentation of goods at the point of sale is that part of merchandising that directly affects the end buyer.
The main goals of effectively presenting your product at a retail outlet:

  • Put products and the widest possible range of products on the shelves
  • Select products among competitors on the shelf, make them as visible and eye-catching as possible
  • Attract consumer attention to the product
  • Convey to buyers information about the benefits of the product
  • Relieve the buyer searches for his product at the point of sale
  • Contribute in every possible way and help the buyer when purchasing goods

When placing a product in a store (pharmacy), there are some generally accepted rules that are useful to follow to help the buyer easily find your product. Here are some of them:
Convenient and advantageous location. Products should be placed in those places and in the order in which the buyer is accustomed to seeing and looking for them. This applies to both the placement of products on shelves and their location in the sales area. So, for example, when entering a pharmacy with a spacious sales area, most customers tend to turn right and then move around the area in a counterclockwise direction. This rule is actively used when planning retail space in food supermarkets; most often the flow of customers there is organized exactly this way - to the right and counterclockwise. This can be observed in most large supermarkets, and recently in some chain pharmaceutical markets.
In self-service pharmacies, the Golden Triangle rule applies. According to this rule, the best place for placing a point of sale in the hall is a space in the shape of a triangle, at the vertices of which there is the entrance to the trading floor, the checkout area (cash register) and the place of sale of the most popular product in this outlet (in a pharmacy - this could be a rack with popular over-the-counter drugs). Just like the space at the entrance to a sales area attracts less attention from buyers. This is because when entering a retail outlet, the buyer needs time to slow down and stop. At this time, the buyer may simply not notice the goods located in the entrance area and see them only at the exit, when the main purchase choice has already been made. The manufacturer should carefully monitor where its products are placed in the pharmacy, because... even being located in the wrong location can affect sales.
Familiar and logical arrangement. Our eyes are accustomed to perceiving information the way we read: from left to right and from top to bottom. We are more accustomed to the fact that in these areas the characteristics of the product (for example, price or impact) decrease. We classify all displayed products in our usual way, and this helps us quickly find the right product. This is precisely why products are often grouped into product groups according to their intended purpose (for example, all headache remedies are located in a separate group). The groups themselves and the products within each group are arranged in such a way that some attribute (price, dosage, therapeutic effect) decreases from left to right and from top to bottom. This order makes it easier for the buyer to find the right drug on store shelves.
Maximum visibility. Products are more noticeable if they are presented in the so-called corporate block, when the entire product line has a similar packaging design and is balanced in color and package sizes. Products displayed as a block are easier for the buyer to notice and recognize among competitors’ products. In addition, the presence of an original “brand” design tells the buyer about the seriousness of the brand and improves confidence in it.
Common methods of attracting additional attention to a product are also the group display of several packages of one product (“duplication”), because the more space a product takes up on the shelf, the more noticeable it is.
Manufacturers often document the method of constructing and forming a corporate unit in the form of product layout diagrams - planograms. Many manufacturers develop and then successfully use an entire document that describes all the rules that should be followed when placing their products in a retail outlet, the so-called “merchandising book”. This document is intended for employees of the distribution network (distributors, sales and medical representatives) and personnel of retail outlets. According to our experience in developing and using merchandising-books, they significantly streamline work with retail outlets and increase the efficiency of both merchandisers and sales and medical representatives.
To be near the leader, and for the leader to be the best. When presenting a product, its surroundings play a role. A product adjacent to a shelf with well-known and prestigious brands is perceived by the buyer as more preferable than a product surrounded by unknown brands. It is also important that the environment of the product corresponds to the perception of it by customers, i.e. It is wrong to display low-price products among premium products.
Show the product face to face. Naturally, the product must be positioned “facing” the buyer, taking into account how much the buyer can see it on a retail shelf or in a pharmacy window. The information on the packaging should be easy to read and not obscured by other packaging or price tags. It happens, for example, that in pharmacies with small shelves, more than half of the goods are covered by their own price tag. Not all buyers may be so attentive as to find the familiar packaging safely hidden behind the price tag.
Common sense in everything. It is important to understand that the application of the principles described above is highly dependent on the individual pharmacy. For example, pharmacies selling dietary supplements can be classified according to two criteria. According to the existing principles of organizing trade, they can be divided into pharmacies with trade over the counter and self-service pharmacies (pharmaceutical markets with free access to goods). In turn, in each of these groups we can distinguish pharmacies in which dietary supplements are placed in a separate group and placed away from other drugs, and pharmacies where dietary supplements and medications are located on the shelves together. These points are taken into account when developing merchandising-books, which prescribe the invariance and implementation of specific activities in retail outlets.

A few examples. Let's see how the rules for effective display in retail outlets work using several examples:
Traditionally, the display of goods in pharmacies is organized according to the principle of therapeutic effect (painkillers, antipyretics, for the treatment and prevention of certain diseases). Dietary supplements are placed separately on the shelves. For example, all drugs for the prevention and treatment of prostatitis are located together on a separate shelf. Let’s assume that a certain drug for the prevention of this disease is located along with all dietary supplements. If the choice of drug occurs directly at the point of sale, which we can influence to a greater extent, the buyer evaluates the drugs laid out in the corresponding group on the shelf - the group of products for the prevention and treatment of prostatitis (this is his “selection kit”). A buyer may simply not pay attention to a drug that has a similar effect, but is located, as in our case, separately from its group and not consider it when choosing. And if he doesn’t consider it when choosing, it means he doesn’t buy... What will the buyer pay his attention to on the shelf first?

In this case, it is necessary either to remind the buyer about the drug directly in the pharmacy (with the help of stimulating advertising materials and noticeable display of products), or to place it in a group with drugs of similar action. Additionally, you can take the drug to a special corporate stand. Often, the buyer may simply not think about the name of the manufacturer of the product, but it is good to know its brands and look for them on the shelf. A typical example is the transnational company Proctor & Gamble. Buyers know most of its brands in each of the product categories (soap, washing powders, cosmetics), and the corporate block is built precisely “by brand” and not “by manufacturer”.

Here is another example from the “life” of a self-service chain pharmacy:

(photo 1) (photo 2)

In your opinion, on which of the shelves in the two photographs presented will it be easier for the buyer to find and select the product he needs? In what case will the buyer be more grateful to the manufacturer and pharmacy for the ease of choice, saved time and effort?
In the first photo, on the bottom shelf, the products are arranged according to their intended purpose (prevention of eye diseases). However, it can be noted that not all manufacturers use the possibility of using a branded corporate block. Even nearby packages of similar products one manufacturer do not look like something integral and do not strengthen each other’s positions. Just as they could when using a corporate block. From our experience in creating packaging, it can be noted, for example, that the related nature of the packaging provides better recognition and facilitates the promotion of not only the entire range of the brand, but also all of the manufacturer’s products as a whole. With a properly designed and similar packaging style for products from one manufacturer, its sales and promotion potential are greater.
In the second photo, the corporate vitamin block on the top shelf attracts more attention than the product located on the middle shelf. And the point here is not only in duplication, but also in the thoughtful, unified packaging design of the entire series and the arrangement of the line on the shelf in the order in which it will be convenient for the buyer to navigate it. We understand perfectly well that placing goods on pharmacy shelves now also has a financial side - in many pharmacy chains, placing goods on shelves costs money. However, packaging is entirely under the control of the manufacturer, and optimizing display according to merchandising rules can significantly improve sales efficiency.
To achieve the goals of correct presentation at retail outlets, in this case, the following measures can be proposed:

  • Development of corporate display standards for a product line, taking into account the characteristics of various types of retail outlets and the general principles of display applied in them (design of planograms for product placement and formulation of display rules). This also includes the display of goods during various promotions.
  • Ensuring the display of products in retail outlets in accordance with accepted standards specified in the merchandising book.
  • Development of packaging that is easily readable and recognizable for a given manufacturer.

MAINTENANCE OF ASSORTMENT

From displaying goods on the shelf, let’s now move on to the basic rules for working with the assortment. If we talk about the tasks of maintaining the assortment at a retail outlet, they are as follows:

  • optimal assortment for a given outlet (pharmacy)
  • constant availability of goods on the shelves
  • optimal stock of goods at a retail outlet (pharmacy)
  • absence of expired goods.

Suitable for place and time. What is appropriate in one situation may seem strange in another - this is the meaning of the first rule, the rule of “optimal assortment”. The assortment presented at a retail outlet must be selected taking into account the characteristics of demand in it. The manufacturer of dietary supplements should also take this into account when choosing priorities for working with retail outlets. In a pharmacy located in a sanatorium for the treatment and prevention of diseases of the nervous system, products for the prevention of baldness are unlikely to be in great demand. If space on the shelf is limited, it is better to have a good representation of the assortment that will actually be in demand here by customers, rather than cluttering the shelves with everything that is in the price list of the manufacturer or distributor.
The product must always be on the counter. It happens that a product that is in stock at a retail outlet may disappear from the shelf for a couple of days. How? They just didn’t put it on display or didn’t prepare the price tag on time. The assortment is large - you can’t keep track of everything. Of course, in many pharmacies, with the introduction of computer accounting, this problem has ceased to be so relevant. But as long as a person is sitting at the computer, the possibility of such a situation is not excluded. It is foolish to hope that the buyer will ask the seller about the availability of the product he is interested in when he does not find it on the shelf.
All product must be shown. The buyer is inert in his actions, and getting to the checkout window and asking the seller about the product of interest turns out to be an impossible task for him. Not finding the right product on the shelf, the buyer will simply buy a similar product, but from a different manufacturer. As a result, the time when goods are not on the shelf and the entire assortment is not displayed means lost revenue for the pharmacy and lost profit for the manufacturer. The second rule helps prevent such a situation, which says that all goods available at a retail outlet must be presented to the buyer for viewing and presented on retail shelves. What is the point of a product lying in a warehouse that the consumer does not see and cannot buy? Hence, the sales area should be as large as possible, and the warehouse as small as possible.
Store only as long as needed. The following two tasks: optimal inventory in the warehouse and control of shelf life can be considered together. Their solution lies in the relationship between the supplier and the outlet. The optimal stock at a retail outlet is a stock that under no circumstances allows the product to run out before the next batch arrives. Its value is calculated based on the history of sales of the product, seasonal jumps in sales, and the existing frequency of deliveries. To take these factors into account, coefficients are used to predict the optimal inventory (for example, ABC analysis, XYZ analysis techniques link).
Store correctly. Controlling product expiration dates involves first selling products that have less remaining expiration date. In American trading practice, there is even a stable abbreviation for defining this rule, which can be translated into Russian as: “First in – First out” (FIFO: First In – First Out!!!). Indeed, goods from later batches are often located on the warehouse rack at its leading edge, blocking similar goods from earlier batches, and this is not correct. As a result, by the time the inventory is taken and the product is discovered standing in the far corner, its shelf life may already have expired. It is necessary to monitor the expiration dates of perishable goods in each batch and set critical deadlines for their sale.
It is worth recalling that now there are systems for automated inventory accounting and supply planning that allow you to solve issues of optimization and inventory management without a large investment of time and human resources.

HOW TO MAKE A MUTE MAN SPEAK?

From our experience we can summarize the following: in the use of merchandising tools, it is very important not only to develop rules for product placement and assortment optimization, but also to put them into practice. Each retail outlet, each pharmacy has a number of its own unique features, which cannot always be taken into account in the instructions and rules of the same necessary merchandising book, therefore, in this case, the qualified organization and execution of the described activities becomes a task of paramount importance.
Put it into practice All established rules taking into account these features can only be done by trained professional merchandisers or sales agents. In addition, an important component of a merchandiser’s daily work is communications with sellers and store administrations during merchandising events. Sometimes these communications become a very important link in the implementation of brand merchandising in a pharmacy. It’s not enough for a manufacturer to think through how to advantageously present their product on the shelves; they also need to convince the staff and management of the outlet that such a presentation is beneficial for them. In addition, it is necessary to integrate promotion efforts throughout the vertical distribution network using the intermediate level of dealers and sales representatives. And this is a task that only trained professional organizers and performers of the merchandising process can cope with.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Similar documents

    Advertising as a means of information, its psychological impact on society. Manipulative and informational aspects of advertising. Research methods in sociology. Analysis of the audience's attitude towards television advertising based on data obtained by the survey method.

    abstract, added 05/11/2012

    The influence of advertising on people's consumer behavior. People's attitude towards advertising. Main types, goals and objectives of advertising. Techniques of psychological influence and manipulation. The role of color and music in advertising. Features of advertising for all age categories.

    abstract, added 09/15/2014

    Characteristics of the history of television advertising. Determination of the features of basic concepts and approaches to the family. Clarification of the main models and family roles used in advertising. Identification of respondents’ attitudes towards the image of family in television advertising.

    thesis, added 06/18/2017

    Attitudes of men and women to television advertising. Assessment of the frequency of viewing TV advertising, typical ideas about behavioral stereotypes of men and women. Main socio-demographic characteristics influencing the formation of gender stereotypes.

    course work, added 07/10/2017

    Psychological aspects of attracting attention to advertising. Plurality in advertising: repetition and intensity. Dynamics, contrast and size of advertising, its emotionality. Advantages and features of television, print, radio and Internet advertising.

    test, added 01/30/2011

    course work, added 12/17/2003

    Various definitions of the concept "advertising". The main goals and objectives of advertising. The role and place of advertising in modern society. A. Maslow's theory of motivation. Assessing the effectiveness of using children in advertising. Questionnaire for a sociological survey on the topic: “Children in advertising.”

    course work, added 06/02/2012

    Rules for creating advertising. Criteria to pay attention to when creating advertising. Images that attract the attention of the target audience. Effective advertising for young people. The hidden meaning of colors in advertising. Topics of interest to the consumer.

    course work, added 12/02/2014

When conducting an advertising campaign and advertising your goods or services, you should definitely take into account the legal requirements for advertising. Whether you use the services of third-party specialists or in-house advertisers are developing an advertising product, problems can arise if you neglect the law. Let's look at how to make advertising not only high-quality and effective, but also safe from a legal point of view.

Advertising legislation contains both universal requirements for advertising, regardless of its type, form, method of distribution, and. The general requirements that any advertisement must meet are formulated in Art. 5 of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising” (hereinafter referred to as the Law). This rule states that advertising must be fair and reliable and that unfair and unreliable advertising is not allowed.

False advertising

  • 1) contains incorrect comparisons of the advertised product with goods in circulation that are produced by other manufacturers or sold by other sellers (Clause 1, Part 2, Article 5 of the Law).

Example 1

Collapse Show

  • A comparison indicating the advantages of the object of advertising does not necessarily have to be expressed in relation to a specific product presented on the market. It may also apply to cases where the advertisement uses comparisons with products on the market without mentioning a specific manufacturer or seller.

Example 2

Collapse Show

  • Few people now dare to directly call a competitor’s product/work/service “bad” in advertising messages or speak badly about it. However, advertisers do not give up attempts to convey such information to advertising consumers using Aesopian language, images, and techniques that should evoke the necessary associations among advertising consumers. But here it should be borne in mind that if some images and associations arise in the minds of the advertising producer, advertiser and advertising consumer, then the same images and associations will arise among competitors, representatives of antimonopoly authorities and judges.

Example 3

Collapse Show

Incorrect comparisons often include advertising, in which an ordinary product is completely unreasonably called “No. 1” (without specifying a specific criterion), “the most chosen brand,” “unique,” ​​“best,” “rare,” “outstanding,” “extraordinary.” etc., and competitors’ products are called “ordinary”, “ordinary”, not having certain properties, etc.

Example 4

Collapse Show

Example 5

Collapse Show

  • 4) is an act of unfair competition in accordance with antimonopoly legislation (clause 4, part 2, article 5 of the Law).
  • In this case, advertising legislation intersects with competition protection legislation, control over compliance with which is also entrusted to the antimonopoly authorities. Moreover, sometimes widespread messages about a company, product, work, service are not advertising from the point of view of the Advertising Law. In such cases, cases of violation of advertising laws should not be initiated. But if the dissemination of such messages violates competition laws, the violator may face much more severe penalties.

False advertising

  • 1) about the advantages of the advertised product over goods in circulation that are produced by other manufacturers or sold by other sellers (Clause 1, Part 3, Article 5 of the Law).
  • Also relevant here is a warning about the dangers of excessive self-praise (for example, indicating that an ordinary product is an “innovative discovery” or that an unremarkable store is “the largest” and has “the best selection”) and belittling the merits of competitors and their products.
  • Not long ago, a well-known publishing house was brought to administrative responsibility, in one of whose newspapers the advertising slogan “THE ONLY REAL NEWSPAPER FOR OWNERS OF HOUSES, GARDENS AND VEGETABLE VEGETABLES” appeared. Antimonopoly officials considered that this slogan presented a hidden comparison and advantage compared to the products of other manufacturers and sellers. The advertiser was unable to document the validity of the statement.
  • In another case, a company that advertised its furniture showroom was also unable to prove that it sells furniture from “the best Italian manufacturers” and “at the lowest wholesale prices.” From the written explanations submitted to the antimonopoly service, it only followed that the company was the only organization engaged in wholesale sales of products from the Italian factory “S” in Russia.
  • Some confusion is caused by advertisements published by a specialized law firm on the Internet (including on its own website). The company described itself as “the only company in Russia whose specialization is corporate collections.” True, the lawyers did not provide sufficient evidence of their “uniqueness”. But antimonopoly officers probably found out that there are other legal entities in our country that are engaged in “corporate collection.” The advertisement was found to be inappropriate. The company received an order to eliminate the violation.
  • 2) about any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the product, place of its origin, availability of a certificate of conformity or declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of goods (clause 2, part 3, article 5 of the Law).
  • Competitors and ordinary people (as consumers of advertising) increasingly began to file complaints and applications to authorized bodies and courts, pointing out the dishonest behavior of a particular advertiser and the unreliability of advertising messages. In recent years, the number of such requests has increased significantly.

Example 6

Collapse Show

  • 3) about the assortment and configuration of goods, as well as about the possibility of purchasing them in a certain place or within a certain period (clause 3, part 3, article 5 of the Law), about the cost or price of goods, the procedure for payment, the amount of discounts, tariffs and other conditions for purchasing goods (clause 4).
  • Persuasion is the meaning of advertising, because it influences the consumer’s motivation when choosing a product and encourages people to take certain actions in relation to the object of advertising.
  • When advertising, for example, for a car dealership “always on all models” or in an advertisement for a plumbing store sale “for a month 50% off everything,” advertisers must take into account that authorized bodies and courts will take the advertisement literally (as will consumers). If such advertising claims are untrue, advertisers should be prepared to face trouble and scrutiny. Thus, a visitor to a plumbing store who finds out that the “50 percent discount on everything” does not apply to the bathroom faucet he needs can file a complaint with the antimonopoly service. This application must be verified. If the information contained in the complaint is confirmed, a case is initiated for violation of advertising legislation and/or an administrative offense.
  • The popular advertising statement “wholesale prices” often does not justify itself, and as a result the advertisement is considered unreliable. Moreover, the very concept of “wholesale price” is not contained in domestic legislation, but antimonopoly officers and courts proceed from the established traditional understanding of “wholesale prices” as the prices at which transactions are made on the wholesale market.
  • Antimonopoly authorities receive information about violations from various sources: from the results of inspections of complaints from consumers, competitors, from media materials, from authorized bodies.

Example 7

Collapse Show

  • 4) on the terms of delivery, exchange, repair and maintenance of goods, on the warranty obligations of the manufacturer or seller of goods (subclauses 5, 6, part 3, article 5 of the Law).
  • Advertisers often present wishful thinking and the specific as general.

Example 8

Collapse Show

  • 5) on exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of goods (clause 7, part 3, article 5 of the Law).
  • The most common violation is the placement in advertising of other people's registered trademarks of well-known manufacturers without the consent of the copyright holders. For example, a car dealership places the trademarks “Chevrolet”, “Ford”, “Nissan”, “Hyundai”, “Mazda”, “Opel”, “Renault”, “Toyota”, “Chery”, “Mitsubishi” in outdoor advertising. GAZ”, “Lada”, etc. But in order for such advertising to be legitimate, the owner of a car dealership must have documents granting the right to use other people’s trademarks in his advertising (for example, that the company that owns the car dealership is an official dealer of the car brands indicated in the advertisement) .
  • Such violations are committed not only by car dealerships, sellers of household appliances and other intermediaries. There are other popular titles that advertisers can slip up on. Thus, medical clinics and cosmetics sellers use the name “Botox” appropriately and inappropriately. We have already looked at an example of what the comparison of this popular product with a cosmetic gel led to. Let's analyze one more case.

Example 9

Collapse Show

  • 6) on the rights to use official state symbols (flags, coats of arms, anthems) and symbols of international organizations (clause 8, part 3, article 5 of the Law); about official or public recognition, about receiving medals, prizes, diplomas or other awards (clause 9).
  • These prohibitions have been in effect for a long time, but not everyone knows them. Advertisers, seeking to add importance to themselves or their product, place coats of arms or flags on their products or in outdoor advertising without permission. Some place advertisements indicating that the advertiser or his product, service, or work received some kind of medal (in graphic advertising, gold and silver circles depicting medals are even drawn), a diploma, or another award from a non-existent organization.
  • Those advertisers who illegally stocked up with a false piece of paper stating that their completely ordinary product or service is somehow unique and unique, received an award or recognition, should think a hundred times before including this information in their advertising. It is possible that the information will be double-checked in different sources. And if the real state of affairs becomes clear, responsibility and a public scandal cannot be avoided.
  • 7) on recommendations of individuals or legal entities regarding the object of advertising or on its approval by individuals or legal entities (clause 10, part 3, article 5 of the Law).
  • A textbook example was when a shocking and very popular politician turned to the antimonopoly agency to protect his rights. Shortly before this, he attended an event during which a presentation of vodka took place. The politician, having tasted the proposed drink, exclaimed: “Oh, good!” Very quickly these shots ended up in a commercial. The antimonopoly agency brought the unlucky vodka manufacturer to justice. Naturally, after this he was forced to remove the advertisement.
  • 8) on the results of research and testing (clause 11, part 3, article 5 of the Law). “Favorite” article from manufacturers and sellers of dietary supplements.

Example 10

Collapse Show

  • 9) on granting additional rights or benefits to the purchaser of the advertised product (clause 12, part 3, article 5 of the Law);
  • 10) on the actual amount of demand for the advertised or other product (clause 13, part 3, article 5 of the Law), on the volume of production or sale of the advertised or other product (clause 14);
  • 11) on the rules and terms of holding an incentive lottery, competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as source of information about such an event (clause 15, part 3, article 5 of the Law).
  • Please also note Art. 9 of the Law on Advertising. The norm provides that advertising announcing the holding of an incentive lottery, competition, game or other similar event, the condition for participation in which is the purchase of a certain product (incentive event), must indicate: the timing of such an event, the source of information about the organizer of such an event, about the rules of its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them. Let's consider a typical example of unsuccessful promotional event advertising, when the advertiser was fined 50,000 rubles for advertising free beer.

Example 11

  • 12) on the rules and terms of conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets (clause 16, part 3, article 5 of the Law);
  • 13) about the source of information subject to disclosure in accordance with federal laws (clause 17, part 3, article 5 of the Law);
  • 14) about the place where, before concluding an agreement for the provision of services, interested parties can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation (clause 18, part 3, article 5 of the Law) ;
  • 15) about the person obligated under the security (clause 19, part 3, article 5 of the Law);
  • 16) about the manufacturer or seller of the advertised product (clause 20, part 3, article 5 of the Law).
  • The principles of integrity and reliability are perceived by a number of Russian businessmen as somewhat abstract and optional.

Example 12

Collapse Show

Violations of the norm in question are very diverse. Thus, if a certain legal entity has separate divisions (branches, representative offices), subsidiaries throughout the Russian Federation, it can be difficult not to draw the attention of future clients to this and not to attach the word “all-Russian” “Russian”, “federal” to the name of the commercial structure etc. But as soon as you have such a desire, we recommend that you refer to the text of the Decree of the Government of the Russian Federation dated December 7, 1996 No. 1463 “On the use of the names “Russia” and “Russian Federation” in the names of organizations. According to the document, in the names of the names “Russia”, “Russian Federation”, the word “federal” and words and phrases formed on their basis are used in accordance with acts of the President and the Government of the country.

Example 13

Collapse Show

There are not as many cases like this as there were in the 90s of the twentieth century. Such a large real estate agency, with significant resources, could order an examination of the advertisement and, even before the start of its broadcast, take measures to eliminate the violation. The mistakes of managers are obvious here, as are the shortcomings of those managers who do not check or who withdraw from control over the processes of preparation and implementation of advertising programs.

Illegal advertising

The question of calling for illegal actions is quite subjective. For example, from the point of view of the legislator, crossing the road at a red light, escaping from prison, stealing a car, or even stealing a chocolate bar can be regarded as a call for such actions... But in practice, such cases of violation of advertising laws, if they occur, are rare, unlike from cases related to violation of the prohibition of calls for violence and cruelty.

Example 14

Collapse Show

Advertising should not be similar to road signs or otherwise threaten the safety of road, rail, water or air transport (Clause 3, Part 4, Article 5 of the Law on Advertising).

Advertising "bugs"

In accordance with the requirements of the legislator, advertising should not form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

Example 15

Collapse Show

Inappropriate advertising

  • 1) the use of foreign words and expressions that may lead to a distortion of the meaning of information (clause 1, part 5, article 5 of the Advertising Law).
  • Thus, in the above hard-hitting nightclub advertisement, foreign language terms were used: “Kill Barbie” and “VIPRESERVE”. This was also regarded by antimonopoly officials as a violation of the law. After all, according to Part 11 of Art. 5 of the Law on Advertising, the production, placement and distribution of advertising must comply with the requirements of the legislation of the Russian Federation, including the requirements of the legislation on the state language of the Russian Federation. In accordance with Part 1 of Art. 3 of the Federal Law “On the State Language of the Russian Federation” the state language of the Russian Federation is subject to mandatory use in advertising.
  • According to Part 2 of Art. 3 Federal Law “On the State Language of the Russian Federation” in cases of use in the areas specified in Part 1 of the article, along with the state language of the Russian Federation, the state language of the republic located within it, other languages ​​of the peoples of Russia or a foreign language, texts in Russian and in the state language language of the republic of the Russian Federation, other languages ​​of the peoples of Russia or a foreign language, unless otherwise established by the legislation of the Russian Federation, must be identical in content and technical design. In addition, such texts must be legible, audio information (including in audio and audiovisual materials, television and radio programs) in Russian and the specified information in the state language of the republic located within the Russian Federation, other languages ​​of the peoples of Russia or a foreign language , unless otherwise established by the legislation of the Russian Federation, must also be identical in content, sound and methods of transmission.
  • In the outdoor advertising of the nightclub, placed using the foreign language terms “Kill Barbie”, “VIP-RESERVE”, there was no text in Russian, identical in content and technical design. This distorted the meaning of information about the advertised product for advertising consumers who do not speak a foreign language.
  • One more example. A tanning studio in the center of Moscow was advertised in a foreign language using the terms “NEW”, “BLACK & WHITE”. At the same time, the advertisement lacked text in Russian, identical in content and technical design. The antimonopoly authorities indicated in the decision that as a result, the meaning of information about the advertised product was distorted for advertising consumers who do not speak foreign languages. The advertiser was given an administrative penalty in the form of a fine in the amount of 40,000 rubles. By the way, the signal about this violation came from an ordinary person who was not a client of the tanning studio, but accidentally saw this advertisement.
  • In another case, for 40 thousand rubles. A Moscow company was fined for improper advertising in the St. Petersburg metro. The advertisement contained phrases in English: “Design is the power”, “be cool”, “be emotional”, “be sweet”, “be summer”, “be sun”, “be colorful”, “be fun” without translation into Russian.
  • 2) an indication that the object of advertising is approved by state authorities or local governments or their officials (Part 2, Clause 5, Article 5 of the Advertising Law).
  • This provision appeared in the law not by accident. The authority of the authorities in Russia has always been great. A significant portion of Russians still trust and listen to the statements and assurances of those in power, perceiving their words as a guide to action. Even today, some of our fellow citizens consider all media to be official print media, although in reality this has not been the case for a long time.
  • 3) demonstration of the processes of smoking and consumption of alcoholic products, as well as beer and drinks made on its basis (Part 3, Clause 5, Article 5 of the Law on Advertising).
  • Antimonopoly officers may initiate a case in connection with the use, for example, of an image of a smoking man in a cafe advertisement or an image of a man sitting at a bar against a background of bottles of various alcoholic beverages and holding a glass of cognac in his hand, especially if there is an ashtray with a smoldering cigar near the man.
  • 4) use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising whose consumers are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications intended for medical and pharmaceutical workers (Part 4, Clause 5, Article 5 of the Advertising Law).
  • The image of a man in a white coat can be used in advertising of medical services (for example, a doctor can talk about a particular method of treatment in a medical clinic, the services of which are advertised), personal hygiene products (toothpaste, soap, shampoo, etc.). But you cannot use the image of a man in a white coat who will recommend that patients purchase some kind of “medical and health” product or service. You cannot indicate in advertising the medicinal properties of the advertised object.
  • The ban on using images of medical and pharmaceutical workers in advertising also did not appear by chance. Trust in doctors is still high in our society.
  • 5) an indication that the advertised product was produced using human embryo tissue (Part 5, Clause 5, Article 5 of the Advertising Law);
  • 6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such indications in advertising of medicines, medical services, including treatment methods, medical products and medical equipment (Part 6, Clause 5, Art. 5 of the Law on Advertising).
  • This rule is more often applied to distributors of various dietary supplements. Unscrupulous manufacturers and sellers traditionally try to pass off dubious dietary supplements as medicines. To do this, advertisements point out certain unique medicinal properties of the supplement and make generous promises to those suffering from healing from many dangerous diseases. By the way, clause 1 of Part 1 of Art. is often violated here. 25 of the Law on Advertising, since advertising of a dietary supplement (dietary supplement) creates the impression among consumers that the dietary supplement is a medicine and has medicinal properties.
  • We also note that additives are registered with the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare precisely as a dietary supplement to food - an additional source of certain substances and vitamins. Moreover, any dietary supplement, as a rule, also has contraindications (individual intolerance to the components, some diseases, etc.), so before using it, you need to consult a doctor. Advertisers, as a rule, discreetly keep silent about such contraindications.

Cultural advertising

Part 6 art. 5 of the Law on Advertising specifies that in advertising it is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List.

The rule is often applied in practice in relation to advertising of goods and services “for adults”. Recognizing advertising as improper and contrary to the approaches adopted in the Russian Federation to the moral and ethical education of the younger generation, antimonopoly officials, among other things, refer, for example, to Art. 14 Federal Law “On the basic guarantees of the rights of the child in the Russian Federation.” Clause 1 of the article provides that public authorities take measures to protect the child from information, propaganda and agitation that harm his health, moral and spiritual development. In order to ensure the health, physical, intellectual, moral, and mental safety of children, standards for the distribution of printed materials, audio and video products, and other products that are not recommended for use by a child in accordance with paragraph 1 of this article until he reaches the age of 16 years are established by law. .2).

Example 16

Collapse Show

About material information

According to Part 7 of Art. 5 of the Law on Advertising, advertising that lacks some essential information about the advertised product, the conditions for its acquisition or use, is not allowed, if this distorts the meaning of the information and misleads consumers of advertising.

Example 17

Collapse Show

Other requirements

This requirement is often violated by sellers of Russian and foreign real estate.

Advertising of goods for which rules of use, storage or transportation or application regulations have been approved in accordance with the established procedure must not contain information that does not comply with such rules or regulations (Part 8 of Article 5 of the Advertising Law).

The use in radio, television, video, audio and film products or other products and the distribution of hidden advertising, that is, advertising that has an impact on their consciousness that is not realized by advertising consumers, including such impact through the use of special video inserts, is not allowed. (double audio recording) and other means (Part 9 of Article 5 of the Law on Advertising).

Advertising is not allowed in textbooks intended for teaching children in primary general and basic general education programs, school diaries, as well as in school notebooks (Part 10 of Article 5 of the Law on Advertising).

According to the official position of the antimonopoly service, these provisions apply only to notebooks manufactured in accordance with GOST 12063-89 “School Notebooks”, and do not apply to advertising placed on general notebooks and other notebooks with a volume of over 24 sheets, regardless of their actual use in the classroom. process.

When producing, placing and distributing advertising, the requirements of the legislation of the Russian Federation must be observed, including the requirements of civil legislation, legislation on the state language of the Russian Federation.

The total percentage cannot be measured

Despite the simplicity of the wording, even professionals can find it difficult to understand and come to a consensus on how much a particular advertisement complies with the provisions of the law. The ambiguity and subjectivity of assessments by representatives of antimonopoly authorities and courts when considering cases of violation of the Law on Advertising and administrative cases leads to the formation of ambiguous law enforcement practice. In similar cases, diametrically opposed decisions are often made.

We are all consumers of advertising and most often do not suspect that we have become consumers of unfair and unreliable advertising. For example, when television advertising for cosmetics uses slogans: “95 percent of Russian women noted...”, we do not always think about who and where conducted such large-scale research? After all, based on the literal interpretation of the advertising text, the entire female part of the country, or even the entire planet, should have been surveyed if the advertiser claims that his brand is chosen by “two-thirds of women all over the world...”.

But since the phenomenon of unfair and unreliable advertising has long been widespread, advertisers see no sin in depicting something like this in their advertising. The most cautious ones can conduct even a small study, hiring students or a specialized company for a mini-survey for little money, or they put a questionnaire in the boxes with their products, simultaneously promising to draw prizes between the people who take part in the survey. Despite such tricks, in the practice of antimonopoly authorities and courts there are practically no cases where advertisers manage to confirm statements similar to the above. Advertisers, as a rule, refer to certain questionnaires and opinion polls.

But such studies are subjective and cannot be considered by the antimonopoly authority as appropriate evidence in the case (although they may be taken into account when making a decision). Let's look at why this happens using the same cosmetic products as an example. The same cosmetic product, for example, cream, contrary to advertising claims, has different effects on different people (different skin types, health conditions, age, region of residence, etc.). Anti-trust investigators are well aware of this, but in an effort to hedge their bets, they can additionally enlist the opinions of reputable government medical institutions and experts. General statements made in advertising must also be supported by clinical trial data in accordance with which certificates or certifications were obtained, i.e. be based on the opinions of qualified specialists and experts who specialize, for example, in the field of cosmetology. Let us remind you that before a Registration Certificate or Certificate of Conformity is issued by the Ministry of Health or, respectively, Rospotrebnadzor, the applicant submits to these authorities the results of clinical and other tests.

Officials of the antimonopoly body and judges inevitably have other questions: which women and at what age were interviewed, whether all women used cosmetic products before the test and which ones, with what regularity and for how long they used the advertised cream, how many respondents were there - 100,000 or 10 people and etc.? Usually the number of “interviewed” is small and does not exceed 100 people. In some cases, “global studies” devoted to the effectiveness of a cosmetic product or other product (for example, a biological food supplement (BAA) or a new “educational” toy) are in fact limited to oral surveys of 10-20 people (usually company employees, their children and household).

If controversial situations arise, for example, an advertiser presents the results of research of a certain private cosmetology or medical center, then the antimonopoly authorities turn to government agencies of the Ministry of Health and Rospotrebnadzor to obtain expert opinions from specialists of these organizations. It is the conclusions of the latter that usually play a decisive role in the fate of advertisers in cases of violation of advertising legislation and cases of administrative offenses.

Unsubstantiated statements about an alleged lasting positive effect that the consumer of the advertised object will inevitably experience are also popular among advertisers. For example, cosmetics, toothpaste, hair loss lotion, dietary supplements, medications, etc.). Just in case, “conscientious” advertisers warn citizens that the effect occurs in 9 cases out of 10. Those consumers who have not had a chance to experience the positive effects of, for example, dietary supplements or drugs for periodontal disease (despite strict adherence to the instructions for use) will remain console themselves with the fact that they did not make it into the top nine.

Unlike consumers of advertising and goods, law enforcement officers are well aware of such tricks of advertisers. They know that in order to test the effectiveness of an anti-baldness lotion that “reduces hair loss by 85 percent,” no one will scrupulously count the hairs that have fallen out. But law enforcement officers have other ways to expose a violation... Relevant studies confirming advertising information, for example, about the effectiveness of a hair loss product, can be carried out by appropriately qualified specialists. It is often enough for them to look at the recipe for making the drug in order to draw correct and scientifically based conclusions.

If an advertiser cares about his reputation, but at the same time claims that his toothpaste will get rid of all gum diseases in 99% of cases, he, if necessary, can provide some kind of document partially confirming the information given in the advertisement. For example, evidence that during a month of testing in one of the dental institutions of the Russian Ministry of Health, patients who suffered from a mild form of a certain gum disease (stage) and used an advertised toothpaste actually experienced improvements in their health. Having received such evidence, the law enforcement officer will be obliged to pay attention to the fact that only patients suffering from a certain disease, and in a mild form, participated in the tests, that they brushed their teeth several times a day and, most importantly, that these people simultaneously took treatment in a hospital setting (drugs, procedures) prescribed by the doctor. Therefore, usually in such advertising in 99% of cases a violation of the law is established.

Tracing paper from the English “creative” (creative, creative) has been widely used in the last decade to denote the process of creating certain innovative, unconventional ideas and unusual, stereotype-breaking ways of solving certain problems. And, of course, very often the word “creative” is used in relation to advertising, ideas for promoting goods, works and services on the market.

Unfortunately, people who position themselves as “specialists in the field of advertising and PR” often do not pay enough attention to studying the Advertising Law and know about its requirements almost more than ordinary people. The lack of such interest is easy to explain. In most cases, responsibility (including administrative and civil) is borne by the advertiser, and not by the advertising agency (advertising producer), which developed the concept of promoting a product along with an indecent slogan. Employees of advertisers who, acting with the best intentions, post information that does not correspond to reality on their employer’s official website also manage to avoid major troubles.

Let us recall that Art. 14.3 of the Code of Administrative Offenses provides for liability for violation of advertising legislation. By virtue of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, a person is found guilty of committing an administrative offense if it is established that he had the opportunity to comply with the rules and norms for violation of which administrative liability is provided, but this person did not take all measures depending on him to comply with them. Thus, when considering an administrative case, authorized officials must always determine whether the violator had the opportunity to comply with the requirements of the Advertising Law and whether the violator took all possible measures.

By ordering advertising and determining its content, the future advertiser (legal entity or individual entrepreneur), as a rule, has the opportunity to comply with the requirements of the Advertising Law. The fact is that it depends on the will of the officials of the advertiser companies and on the advertiser entrepreneurs themselves how much information will be placed in the advertisement, what kind of information it will be, how the advertisement is placed, etc. But, unfortunately, many advertisers are careless about legal requirements.

If the advertising customer has doubts, he can resolve them by contacting specialists, conduct additional checks, and order examinations. Even if in the future advertising is found not to comply with the law, liability can be avoided by providing evidence (for example, previously obtained opinions of specialists and experts). But the main thing is to remember the following requirement of the Advertising Law: “Advertising must be fair and reliable. False advertising and false advertising will not be tolerated.”

Footnotes

Collapse Show


Heading: About advertising and marketing

Advertising feeds people's consumer abilities. It sets a person the goal of providing himself and his family with the best housing, the best clothing, the best food. It stimulates his diligence and productivity.
William Churchill

Let's imagine for a moment a world in which, when new products appear, customers instantly learn about their advantages and differences from competitors' products; These products are quickly sold out, bringing big profits to their creators - everyone is “dancing and singing.” As you might guess, in this idyllic world there is no place for advertising; Nobody needs her here. Advertising was also unnecessary in the society of empty shelves where we were still fortunate enough to live. Did the Xerox company need special advertising for the first 30 years (the patent period) of its existence, when the company was the only manufacturer of copiers in the world? Does the only store in the village or the village doctor need advertising? Will it be necessary for an effective cure for AIDS when it finally appears? So, when is this advertising needed? As soon as you wish to offer your product outside the circle where you are known. At the same time, the more similar offers there are on the market, the greater the need for advertising and the higher the requirements for its quality, i.e. to its effectiveness.

And if you are going to make humanity happy with the 1001st type of shampoo, coffee or vodka, then 90% of your success will depend on the literacy of your marketing and advertising approaches. It is because of bad advertising and bad branding that most new products die within a few years or even months. So, we don’t need advertising because we have a good life; this is a dire necessity.

This is also a very expensive necessity: the advertising industry in the world ranks 3-5 in terms of turnover, second only to industries such as automotive and aviation. Annual global advertising costs amount to $1.2 trillion (Russia's annual budget dreams of approaching 25 billion). You can imagine how much the world community would benefit from increasing the effectiveness of advertising by even one percent.

These questions are far from idle - the advertising of many companies is so bad that it can be improved by 50%, or even 200%, in an hour. But in order for the effectiveness of such advertising to approach the limit of its capabilities, the advertiser should work hard, and not just for one day.

Purpose of advertising

Do you think about the purpose of an airplane, car or furniture? Hardly. Everything is clear. Is the purpose of advertising clear to you? What do you need it for? What is her task? Why are you spending a lot of money on it? Perhaps the following set of typical answers will help you in your thinking:

  • Everyone does it. Are we worse than others?
  • Let everyone see how cool we are!
  • We were told that the exhibition needed beautiful materials. Do something like that for us!
  • My ex-wife drives along this street - let this bitch see my advertisement and suffocate with envy!

Maybe you are also simply interested in the opportunity to inexpensively (for only a few thousand dollars) see a picture printed in a magazine dedicated to your company? You can cut it out and hang it on the wall - it will be nice to show it to your friends.

You have already guessed that all of the above has nothing to do with real advertising, although it is very similar to it, although it costs a lot of money. But still, what is the true purpose of advertising; what is its main task? The famous American advertiser Raymond Rubicam said it best: “Advertising has one goal - to sell, everything else is from the evil one.”

All attempts to prove that advertising has other tasks are untenable. When they say that advertising can work on brand recall or concentrate market attention, for example, on service or other business details, then we are simply talking about various methods... of increasing sales. Further, in some cases, advertising may not “sell” in a completely straightforward manner - I saw it, read it, went and bought it. Advertising can “shoot” even after a year.

Let’s make a reservation right away – the word “sell” in advertising is used in the broadest sense. Advertising usually sells goods and services. But it can also “sell” social ideas (the fight against drugs, the movement for clean streets, etc.); she can “sell” the candidate in the elections.

Sometimes I have to create voluminous and complex packages of materials in Russian and English that win tenders, attract dealers, and convince investors and potential founders. Is this an advertisement? Of course.

Next, you need to write a very important letter to the mayor, governor, minister or head of state. Should this be done by people who only know how to write government papers? No. This should be done by an experienced advertiser. Our experience constantly confirms this. Moreover, a set of standard letters for a company should also be prepared by a smart advertiser.

Selling without a seller

There are many definitions of advertising. They differ in the number of words and abstruseness. Albert Lasker, nicknamed the father of modern advertising, said that advertising is “trade in printed form” (there was no TV then). In Russia, a good definition has been established since the last century: “advertising is the engine of trade.” The best and simplest way to describe the essence of advertising, in my opinion, is the following definition:

Advertising should sell, ONLY SELL - everything else is really from the evil one! It would seem that it couldn’t be simpler: if advertising is supposed to sell, then all efforts should be aimed at ensuring that it sells as best as possible, and at the same time keeping the advertiser’s expenses as low as possible. But it’s not for nothing that Raymond Rubicam speaks here about the “evil one.” Advertising “from the evil one,” or pseudo-advertising, is very expensive for both advertisers and the global economy as a whole.

Of course, the creators of pseudo-advertising are primarily to blame for this. But part of the blame lies with you, dear advertisers.

The most difficult craft

What does the advertising industry seem like to people who are far from it? These are endless competitions in Cannes and Uryupinsk, languid video luminaries in dark glasses and pigtails, breathtaking models, TV shows, presentations, prize presentations, conversations about video sequences and other incomprehensible things.

Both images are very far from the goals and objectives of real advertising. True advertising is part of the company's marketing policy. This is an opportunity to improve your business. Creating advertising is a very serious and difficult craft. This is an activity for people who are able to remake things many times, who are able to love the client more than themselves in advertising. This is a scrupulous analysis, a quick pen, psychology, the Stanislavsky system, the laws of visual perception and readability, design, printing or cinematography. Moreover, all this should work for a single goal - to sell! Otherwise, it’s just big expenses and nothing more.

Two advertising heroes

The first hero of advertising is the subject of advertising; those. what it offers (product, service, election candidate, etc.). Your advertising should show this item as fully and advantageously as possible. The author of the theory of a unique selling proposition (USP), Reeves rightly believed: “You must make the PRODUCT interesting, and not just make the advertisement original.” But this is not enough. The “product” should not be presented in itself, but as a solution to problems and satisfaction of the needs of the second, most important, hero of the advertisement.

Different advertisements for different products

There are a huge number of goods and services, social ideas and election candidates in the world. And all this may need advertising. But in different, very different advertisements.

Are the methods used in cosmetics advertising applicable to advertising of complex technological equipment? No. Do the techniques used in advertising for old brands that have been selling successfully for decades apply to completely new products? No. Advertising new products requires special skill and involves enormous risks. By the way, this is why you won’t see her at competitions.

Many advertisers (and advertisers too) do not understand this. Further, they see around them mainly advertising that resembles Coca-Cola, chewing gum and other simple household goods. These are, so to speak, the main advertising “universities” of the average person.

Some of this “knowledge” is transferred to what they do in their company. As a result, we see many companies trying to advertise complex high-tech products like... chewing gum. Others show their disdain for advertising. Putin said during his presidential campaign that he refuses advertising because he is not interested in whether Snickers or Pampers is better. (By the way, with his high rating, he could afford to refuse advertising.) Both positions are incorrect.

Advertising literature and various competitions contribute to a large extent to the one-sided and incorrect perception of advertising. They all hang around Coca-Cola, Pepsi, Nike, McDonald's, Visa, several brands of jeans and cars - just a few dozen of the largest long-established brands. These brands are “very” interesting for exhibition pseudo-creators: firstly, they almost do not need advertising (people buy them anyway), i.e. you don’t have to think about efficiency; secondly, these “rich guys from Kentucky” pay from the hip.

As for the hundreds of thousands of prosaic goods and services (of which, by the way, there are a lot of them in Russia), few people are interested in them - you won’t see them advertised at competitions, textbooks don’t talk about them.

Advertising effectiveness

Ogilvy once bitterly said: “Most advertising is shamefully ineffective.” Alas, the advertising industry is probably in first place in terms of inefficiency. If, say, the aviation industry worked like this, then half the world's population would die in plane crashes.

But advertising disasters are not so harmless. In them, goods and brands perish, on the creation of which many millions were spent, companies and human careers perish. All this happens without obituaries and legal proceedings, so not everything becomes public. At the same time, if American advertising is shamefully ineffective, then inexperienced Russian advertising is VERY shamefully ineffective. Combined with the market inexperience of the young Russian market, this constitutes an explosive and destructive mixture. There would not be enough space on the pages of our newspapers for obituaries of companies that have become victims of marketing and advertising disasters. As we now know, advertising has only one measure of success - sales! And therefore:

But how to achieve this? In search of answers to this question, generations of advertisers have accumulated vast experience, mainly through trial and error. Advertisers working in sales from catalogs (goods by mail, post office, mailorder) have been especially successful in this. They had the easiest time assessing the market's reaction to the slightest changes in the ads they created. It is thanks to their heroic efforts that we now know a lot about the laws of advertising. (When I say “we,” I mean those who take the trouble to get acquainted with this invaluable experience.) It is thanks to their experience that a professional advertiser can significantly increase the return on money invested in advertising, that is, increase its effectiveness. Below we will talk somewhat tentatively about three types of efficiency. Good advertising has all types of effectiveness and, first of all, commercial effectiveness.

Commercial viability

Unfortunately, to this day no reliable methods have been developed in the world for preliminary assessment of the commercial effectiveness (salability) of advertising, i.e. you cannot even very roughly predict the increase in sales as a result of a given advertising program. In principle, there is nothing unusual here. A designer, for example, is in the same situation - he cannot predict how successful the product he is developing will be. A director making a new film, or a programmer writing a new program will tell you the same thing.

But that's where the similarities end. And the designer, the director, and the programmer can very quickly assess the degree of their success after releasing their product to the market. Alas, with advertising everything is much more complicated.

The fact is that sales are influenced by all components of the marketing mix, the actions of competitors, changes in the market situation, the effectiveness of your daily operations, and ... of course, your advertising. It is very difficult to isolate the impact of advertising in this overall picture - because everything else rarely remains constant. Example: you made a brilliant advertisement, but your competitor sharply lowered prices or the government made an unfavorable decision. What will happen to your sales curve?

So what to do? On the one hand, you cannot live without advertising; on the other hand, advertising is a difficult enterprise to predict. There is only one way out - to make good advertising, making maximum use of all the achievements and experience of previous generations, our own market research, the experience and talent of advertisers. And at a minimum, don’t make basic mistakes. What can such blunders lead to, says Ogilvy:

There are plenty of examples of this in the history of advertising. Just think about it - you are spending money in hopes of expanding your business. As a result, you not only lose this, often considerable, money, but also reduce your sales, that is, you lose even more money.

Communication effectiveness

By this term we will understand how easily advertising is perceived and read purely technically, how much it satisfies time-tested “technical” laws, some of which are described below. A decrease in communication efficiency leads, of course, to a decrease in commercial and efficiency. This is definitely predictable! But let's return to our designer, director and programmer. They clearly know WHAT exactly can obviously reduce the chances of their product to succeed. For example, a computer program will certainly not be successful if it is difficult to install, freezes, is difficult for the user, does not have a good description, packaging, etc. If the program does not meet even these minimum requirements, then what else is there to talk about!

The same goes for advertising. An experienced advertiser can easily tell you WHAT in a given advertisement does not satisfy basic technical requirements, and therefore WHAT will obviously reduce its communicative and commercial effectiveness. He can also tell WHAT is not an advertisement, but a picture or clip that resembles an advertisement.

For example, if the illustration and headline do not even give an idea about the subject of the advertisement; or if the text in an advertisement is almost impossible to read, then it doesn’t take much imagination to understand that you will lose most of your potential buyers.

Unfortunately, simply following technical rules does not give you a 100% guarantee of advertising success. Advertising that is ideal from a technical point of view may have other defects that reduce its commercial effectiveness. But only marketing analysis can reveal these defects. (The jury of advertising competitions probably consists of representatives of the Lord God - they manage to evaluate advertisements in a couple of seconds!)

Operational efficiency

2) Out of 100 applicants, only one made a purchase. The average call duration was 30 minutes. At the same time, due to overloaded lines, some regular customers were unable to get through. Which scenario is more professional? When and why does the second case occur, which we will call “telephone noise”? It occurs when a fairly interesting advertising offer lacks information that is very important for a potential buyer.

To fill the missing information gap, an interested person (and not everyone) calls the company and takes a lot of time from the employees, often without buying anything. At the same time, it may leave an unpleasant aftertaste - really, damn it, this couldn’t have been said in the advertising!

If this information were present in the advertisement, then only those who were satisfied with everything and who had almost made the decision to buy would call. “Processing” such a buyer requires significantly less time and other office resources. Sometimes, as will be shown below, the advertiser prefers to create the “telephone noise” himself.

Memorability and effectiveness

Previously, it was believed that advertising must certainly be remembered; Moreover, memorability served as a measure of advertising effectiveness. They strived for it, they tested it. However, research has shown that ad memorability has little to do with how well it sells. It is very important WHAT exactly you remember in the advertisement. If you remember information related to the product, that’s good. If you remember an artificial trick that is not related to the product, then it is almost useless, and sometimes even harmful. (By the way, most of these tricks are so primitive that they can only impress single-celled animals.)

Indeed, you can easily remember many phrases, characters or tricks from some advertisements, but you will not always be able to answer even the simplest question - WHAT exactly was advertised there. At best, you will say: some kind of chewing gum or some brand of coffee. And even if you remember the subject of the advertisement, it is not at all necessary that the advertisement will convince you to buy it.

Ogilvy rightly argued: “If they talk about advertising, it is bad advertising; if they talk about the product that this advertisement advertises, then it is good advertising.”

Thus, you need to strive for memorability of the PRODUCT, and not the advertisement itself. (Unfortunately, some formal ad testing methods simply measure ad recall.) For every percentage!

The number of potential buyers that an advertisement will contact can be very large, sometimes millions. Hence it is clear that improving advertising even by one percent can give a significant increase in business. The same applies to deterioration.

What is good advertising?

Ogilvy wrote: “What is good advertising? There are three schools of advertisers, each of which gives its own answer to this question. Cynics say that good advertising is advertising approved by the client.” (It seems that in Russia this is still the main school.)

Ogilvy continues: “Another school adheres to Rubicam’s definition: “The best mark of a good advertisement is that it not only sells well to the public, but is remembered by the public and advertisers for a very long time as a wonderful example.” I have created enough advertisements that everyone remembers as “wonderful examples,” but I belong to the third school, which argues that good advertising is advertising that sells the product without distracting attention. It should attract attention to the product. Instead of saying, “What a clever ad,” the reader should say, “I’ve never heard of that. I have to try this product." Above was a quote from Ogilvy: “If they talk about advertising, it is bad advertising; if they talk about the product that this advertisement advertises, then it is good advertising.”

Ogilvy is right a thousand times! Moreover, after so many “creative revolutions” that have rocked the advertising industry, it has somehow become difficult to trust the opinions of advertising “revolutionaries.” This was convincingly demonstrated by the outstanding American advertiser Rosser Reeves. He wrote with surprise:

“Recently, an advertising magazine asked creatives from twenty-five leading agencies to name what they thought were the three worst commercials of recent years. And these people named a couple of the most sensational videos of the previous twenty years. Both of these videos helped customers beat all competitors and significantly expand their market share. The arguments given by critics were: “They are boring,” “They are not original.”

It is not difficult to guess WHAT is good advertising for these “creators”. For them, good advertising is the winner of some competition. Their motto: Good advertising does not need a product!

“This advertisement was very successful,” proud employees of the company told us. “How many computers did she sell you?” – we asked, rejoicing for the people. The answer was a silent scene from the ending of Gogol's The Government Inspector. “Well, what was her success?” - “Well, uh... our competitors found out that we sell Packard Bell computers.” “It cost you several thousand dollars. Couldn’t you just call these companies and tell them your amazing news?” Another silent scene. I think, astute reader, that you are already able to appreciate all the sad humor of the situation described.

Hopkins said it very well: “You often see advertisements that you don’t like. They may seem crammed with material or long-winded. They are unattractive to you because you are looking for an object of admiration, a source of entertainment. But it could very well be that out of the hundreds of ads tracked, this was the one that produced the best results.” If you have the patience to read to the end of the next chapter, you will learn how to evaluate advertising made for you.

“WHAT” is many times more important than “HOW”

In an ideal advertisement, “everything should be perfect”: the marketing side, the text, the illustrations, and the formatting (readability). That is, advertising must be well prepared, written in clear language, attractive, and easy to read. However, research and experience show that marketing (selling) content is a hundred times more important than linguistic and graphic “packaging”. In most advertisements, it is the “packaging” that dominates.

The main reason for this is that the creation of advertising involves mainly people “from the method” who have no idea about the tasks of advertising: journalists and writers write the text; artists design advertisements; Filmmakers create videos. It turns out that advertising is created by the right side of the brain, because these people can sometimes do a good “HOW”, but they don’t understand how to do a good “WHAT” in an advertisement.

Fair Advertising

Advertising that distorts facts cannot be considered good. In addition to purely legal aspects, one can note the unreasonableness of dishonesty in advertising. No advertisement can sell a product a second time if it failed the buyer’s expectations the first time. In 1909, the Russian magazine “Trading World” wrote:

“Printing an advertisement and paying money for printing does not mean creating success for your business. In order for advertising to be successful, it is necessary that your advertising be truthful, correspond to reality, indicate and highlight only those qualities and advantages that your product actually possesses. Unfair advertising may sometimes cause a stir and create some success, but this success will only be apparent and temporary.”

"Algebra" of advertising

Mozart's masterpieces were “passed through a computer” and they fit perfectly into the laws of harmony and counterpoint. Mozart and the despicable “algebra”!? Yes. Literature, painting, cinema, design, architecture, ergonomics and other fields have their own “algebra”. For example, an architect in his work is forced to be guided by the laws of physics and strength of materials. Otherwise the house will fall apart.

Bob Garfield, famous American advertising critic and journalist: “Structure is not a limitation. Structure gives freedom. Shakespeare wrote 154 sonnets, following strict rules of versification. Size, rhymes, rhythm - everything is regulated. But each of his sonnets is a masterpiece.”

There are quite a lot of advertisements for this structure, these laws, these strict rules. But where are they from? From a person. From you and me. We perceive advertising through our senses, brain and psyche. They are what we have and have not changed for millennia. Failure to understand this simple fact by advertisers and advertisers leads to huge losses.

Advertising designed for the processing speed of a computer, the vision of an eagle or an owl, the psyche of the insane, etc., can hardly count on success with the majority of the world's population. This follows simply from common sense. When common sense is not enough, special research, testing and analysis are carried out. Advertising research continues today. There are societies of advertising researchers around the world, the journal Advertising Research is published, presenting the latest results, and many large advertising agencies have research departments.

But one must be very careful in assessing the results of research. There are many cases where incorrect research methodology produces meaningless results.

Advertising and science

Some advertising provisions are almost as reliable as the laws of physics. A lot of things in advertising have been scientifically proven and calculated. But that's not all. One should not go to extremes, as, for example, the wonderful copywriter Claude Hopkins does in his very famous and very useful book “Scientific Advertising”: “The time has come when advertising, through the efforts of some, has achieved the status of a science. It is based on clear principles and is quite accurate. Causes and effects have been analyzed to such an extent that they are well understood. The correct methods have been tested and established. We know what is most effective, and we act on the basis of these basic laws. Advertising, once a gamble, has become one of the most reliable business ventures. It can definitely be said that no other enterprise involves such little risk.” Just think - this was written in 1923!

If only things were really like this! Then advertising could be done using a computer. But, alas, advertising is not a science. This is a craft that, like almost any craft in the world, makes extensive use of scientific and pseudo-scientific methods and results. By the way, it can also be shown that advertising is not art.