Category: Honesty7883a9b09e

Whole Grain Isn't the Whole Story

2/8/2019

by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

You’re at a restaurant with friends and order a pepperoni pizza. The waiter brings the pie, which has a single piece of pepperoni in the middle. Your whole table expresses surprise, to which the server replies, “The pizza has pepperoni, so it is a ‘pepperoni pizza.’” Most people would not appreciate that response, yet that appears to be the tack some food marketers are taking in promoting their whole grain products.

You’ve probably noticed the phrase “whole grain” appearing more and more on product packages, ranging from breakfast cereals to bread. What’s your interpretation when you see “whole grain” on the front of a box? It’s reasonable to assume that all of the product’s grain content comes from whole grains, or at least that whole grain is the primary/first ingredient. However, when you turn the box around to read the Food and Drug Administration’s (FDA) required nutrition and ingredient labeling, there’s often an unsettling surprise.

Many products that promote themselves as being made from “whole grain” actually contain very little whole grain. Instead, their primary ingredient is refined flour, “a pulverized version of what may, at some point, have been a whole grain.” Whole grain contains every part of a grain kernel, “the bran, the germ and the endosperm (the inner most part of the kernel),” whereas the process of refining flour often involves “stripping off the outer layer, where the [more nutritious] fiber is located.”

How is this potentially misleading labeling allowed? Many blame lax directives by the FDA, which last issued “draft guidance on whole grain labeling in 2006.” The FDA, which regulates food labeling, continues to allow food manufacturers to print “whole grain” on the front of their packages without any absolute or relative reference information, i.e., how many grams of whole grain the product contains or how much whole grain there is relative to refined flour.

But, does printing “whole grain” on the front of a food package really deceive consumers? Several significant stakeholder groups believe it does. The Academy of Nutrition and Dietetics has advised the FDA to “require firms to disclose either the percentage of whole grains and refined grains on pack, or the grams of both refined and whole grains per serving.” Similarly, the Center for Science in the Public Interest (CSPI), a Washington DC-based consumer advocacy group, has “urged the agency to make whole grain labeling clearer to consumers.”

Whole grain labeling becomes even more confusing when it appears on “hearty-looking, and sometimes artificially colored,” food items like multigrain or wheat bread. Such mismatched visuals are especially misleading for the elderly.

But, as consumers, don’t we bear responsibility for what we place into our grocery carts and eventually into our mouths? All we need to do is turn the package around and read the FDA-mandated list of ingredients to see where whole grain ranks into the mix.

Consumers should be expected to act rationally and make logical interpretations about product labeling. However, according to the Federal Trade Commission (FTC), it’s unfair to subject people to deceptive messages that a “reasonable consumer” would find misleading. Courts have applied this reasonable consumer standard in ruling against those employing whole grain deception.

The most notable litigation likely has involved one of the best-known snack crackers, Cheez-It, the product of one of the world’s leading food manufacturers--Kellogg’s. In December of 2018, a second circuit appeals court ruled against the packaged-goods icon in a class action lawsuit that claimed deceptive labeling on “Whole Grain” Cheez-Its, a relatively new extension to the company’s flourishing cracker line.

Printed on the front of the box, in large letters, is the phrase “WHOLE GRAIN.” Above those words, in a much smaller font, are the words “MADE WITH.” Meanwhile, a very big (4.5” x 4.5”) and unusually dark Cheez-It serves as a background image. Despite those distinct package design elements, which are very different than those of Original Cheez-Its, when one turns both boxes to the side, the nutrition facts for each list “enriched flour,” not whole grain, as the first ingredient.

It’s not surprising, therefore, that the second circuit appeals court agreed with the consumer plaintiffs, issuing a unanimous decision that said the whole grain cracker’s nutrition facts “contradict, rather than confirm, [Kellogg’s] ‘whole grain’ representations on the front of the box.”

Kellogg’s effort to include more whole grain in its crackers is good in that “scores of studies link the amount of whole grain [people consume] to better health.” So, the 8 grams of whole grain found in a serving of Cheez-Its can help get people closer to the target daily intake of 48 grams of whole grains for adults.

The problem, however, is that when the front of a package promotes “WHOLE GRAIN” in large letters, against a dark background, it’s reasonable for consumers to conclude that the product’s principal ingredient is whole grain. People might even presume that the crackers are somehow healthy, which is a hard argument to make for any snack cracker, including Cheez-Its, which have the following daily values: total fat–10%, saturated fat–8%, sodium–10%, and total carbohydrates–6%.

Consumers should read the labels and exercise good judgment for the products they use. However, food marketers also should help people make right choices and not mislead them with mixed messages on product packages. Their continued prevalence on supermarket shelves suggests that Kellogg’s Whole Grain Cheez-Its are a success, but the cracker's first ingredient really is “Single-Minded Marketing.”

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It's About a <<Fiji Water>> Girl

1/12/2019

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

Have you ever been photobombed? Friends and family often have fun slyly inserting themselves into each other’s pictures. Sometimes it’s a complete stranger who appears in the background of a vacation photo, smiling for the camera. People are used to those kinds of photobombs, but do A-list celebrities expect such interlopers on the red carpet of a major awards show?

Fiji Water Girl, perhaps the most famous photobomber ever, rose to global prominence in Beverly Hills, just this past weekend. Like other award programs, the Golden Globes features a preshow red carpet event during which the many talented people of television and film stroll in front of the media while slowing making their way into the Beverly Hilton Hotel.

The promenade of stars in elegant evening gowns and stylish tuxedos provides countless photo opportunities that the celebrities graciously accommodate. This time, however, as many of them posed for the paparazzi, the same, solitary figure appeared behind them: Fiji Water Girl. Her intriguing presence in the background of so many popular celebrities’ pictures ignited a social media firestorm—Who is that girl and how did she get in the images of all those icons?

For each Golden Globe awards, the Hollywood Foreign Press Association (HFPA) selects a small number of companies to be
“awards sponsors,” which means they help underwrite the cost of the program, and in return, they are permitted a demure presence at the event that includes sharing their prestige products with the program’s distinguished guests. This year’s awards sponsors were Moët & Chandon Champagne, Lavazza Coffee, Lindt Chocolates, and, of course, Fiji Water.

Fiji outfitted several young, attractive women in matching royal blue gowns, and positioned them on the red carpet, holding clear trays of the firm’s trademark bottles. Ostensibly, the idea was that thirsty guests would avail themselves of the product samples, appreciate the refreshment, and gain a positive impression of the brand. However, one particular model,
Kelleth Cuthbert, used some strategic photobombing to parlay her gig into so much more.

As mentioned above, Cuthbert somehow managed to place herself in the background of photos of a variety of top celebrities including Jim Carrey, Idris Elba, Judy Greer, Eric Lange, and Tony Shalhoub, often making “direct – and sultry – eye contact with the camera.” Social media shares of the pics quickly made Fiji Water Girl one of the web’s hottest trending topics and, according to Apex Marketing, earned Fiji about $12 million in free media exposure.

So, the $12 million question is: Was Cuthbert’s photobombing serendipitous, or was it planned?

Fiji seemed surprised by all the attention, suggesting that although it appreciated the extra exposure, it hadn’t tried to orchestrate it. The company tweeted: "We're so glad everyone is talking about our water! *senses ominous presence* She's right behind us, isn't she? #FIJIwatergirl.”

It’s also worth noting that of the several Fiji Water girls stationed on the red carpet at the Globes, Cuthbert was the only one whose presence went viral. If Fiji truly had been trying to gain mass media attention, wouldn’t more of its models have been found photobombing celebs?

All the above makes it seem like Cuthbert may have ‘gone rogue’ and taken up the photobombing herself. Since her meteoric rise to stardom, the model has had several opportunities to address such claims. She’s often suggested that her presence in so many celebrities’ pics was unplanned, for instance:

“There’s tons of photographers everywhere. It doesn’t matter where you stand, you’re in the crossfire of every shot.”

“No matter where you move, you’re in somebody’s shot. I don’t know, you just have to look at what you’re doing and be aware of where everyone is. But know that you can’t avoid it.”

“I don’t even think there was a point where I made any conscious decision [to lean into the photography]. I think from so many years of modeling, when I hear a shutter, I just kind of give a face.”

On the other hand, Cuthbert told a Los Angeles times reporter that “It’s all strategic” and “You’ve got to angle.” She also hasn’t shied away from the cameras since the Golden Globes, appearing on Inside Edition to describe her photobombing experience, taping her own mock award acceptance speech for YouTube, and making a cameo on the Late Show with James Corden.

Not having been there or spoken with Cuthbert, it’s hard to evaluate her somewhat conflicting statements and other disparate evidence. One person who was at the last Golden Globes and has many years of experience with paparazzi is accomplished film actress Jamie Lee Curtis . She expressed clear and strong sentiments about what happened to her on the red carpet:

“I specifically moved away from the blatant promotions by Fiji and Moet where young women with their trays filled with their wares stood near a designated camera. I knew why there was a photographer poised there and I moved away as I said out loud that I didn’t want to be doing advertising for either. Clearly this angle shows that I moved from her being behind me and yet from the side it still happens. The sponsors of events need to get permission from people when they get them to take their picture next to products.”

Some may suggest that Curtis overreacted to what occurred or was too cynical to think sponsors try to stage such photo ops. However, Business Insider has corroborated her claims, reporting that a specific Fiji-commissioned photographer was the initiator of the photobombing strategy.

Stefanie Keenan, the photographer contracted through Getty Images, was at the Golden Globes for the purpose of taking photos that would “elevate” Fiji, which mainly meant getting pictures of celebrities drinking the water. Cooler temperatures, however, led few stars to take the samples, so, according to Getty’s vice president of global entertainment Kirstin Benson, Keenan “came up with the idea to have a Fiji brand ambassador creep in to some shots.”

This revelation certainly supports Curtis’s experience, while contradicting many of the things that Cuthbert said. It seems, then, that the photobombing was the collaborative effort of Keenan and Cuthbert. Fiji corporate also bears responsibility in as much as it contracted with the companies that provided the photographer and the model.

But even if the photobombing was intentional, is there anything wrong with it? As mentioned at the outset of this article, it’s often funny when people photobomb others. That photobombing takes on a different meaning, though, when the pictures are used for commercial purposes.

As Curtis suggested, people, whether celebrities or ordinary citizens, have the right to choose the companies they support. You probably wouldn’t want your likeness associated with an organization whose mission you don’t endorse. You also wouldn’t want a company to profit from the use of your image without your consent.

However, that’s how Fiji unfairly benefited from the photobombing. Although the company undoubtedly paid for the privilege of being one of the few Golden Globe awards sponsors, it didn’t secure permission from or provide payment to Jamie Lee Curtis, Jim Carey, or other celebrities whose personal brands it co-opted without their consent.

Some may say that no one would assume Curtis endorses Fiji Water just because a model bearing the firm’s bottles appears behind her in a picture. A lack of an express endorsement is certainly significant; however, simply showing Curtis and Fiji together starts to establish a connection in people’s minds, especially when the picture keeps reappearing. Branding often leverages such repeat associations, as when a brand uses the same colors and fonts.

Cuthbert’s ‘performance’ on the red carpet at the Golden Globes made her and Fiji Water viral stars. They owe that celebrity status, however, to the real stars whose painstakingly-developed personal brands Fiji and company commandeered. Hopefully photobombing people with commercial content won’t catch on, as it’s clearly a picture of “Single-Minded Marketing.”

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Targeting Teens for E-Cigarettes

11/30/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

Remember when teenagers would rush from high school so they could light a cigarette? Some would even try to sneak a smoke in the bathroom between classes. Those days are now back with a 21st century twist. Like many other things, cigarettes have gone high-tech, which makes them more appealing to minors, but has the biggest e-cigarette maker intentionally targeted teens?

During a recent marketing class, our discussion turned to e-cigarettes and one student, who was just a year or two removed from her own secondary education, mentioned that e-cigarette use is rampant in high school. I didn’t realize that lighting up electronically had become such an obsession for adolescents. A little online research, however, quickly supported the student’s claim.

According to the National Institute on Drug abuse, 16.2% of 12th graders used e-cigarettes in the past month, with the rate among boys being twice that of girls. The Food and Drug Administration (FDA) has reported that more than 2 million middle schoolers and high schoolers regularly used e-cigarettes in 2017, making e-cigarettes “the most commonly used form of tobacco among youth in the United States.”

Some describe an “epidemic” of e-cigarette use among adolescents. In fact, certain high schools, like Plainedge High School in New York, have installed special chemical detectors in bathrooms to sense changes in the air and notify administrators when students are “vaping.” All of this is happening despite the fact that FDA regulations prohibit minors from buying e-cigarettes in stores and online.

For those who find a way to purchase e-cigarettes, there are plenty of choices--over 460 different brands are competing for consumers. However, the biggest brand by far is Juul, which has about 72% of the market. Juul Labs, soared past $1 billion in sales after just its third year in business.

As might be expected, Juul has drawn special scrutiny when it comes to young people’s use of e-cigarettes. This past September, the FDA warned Juul and four smaller competitors (Vuse, MarkTen, blu, and Logic) that they had “60 days to convince the agency that they have adequate plans to stop kids from vaping with their products.” If Juul and the others can’t show how they’ll do a better job keeping minors from vaping, they will need to cease selling.

When e-cigarettes first hit the market in 2004, there was a sense of optimism: ‘Here’s a safer way for smokers to satisfy that desire and hopefully kick the habit entirely.’ So, what happened to that prediction, and why are so many teens, most of whom never smoked before, such a significant part of the e-cigarette market?

According to the National Institute on Drug Abuse, “e-cigarettes are not an FDA-approved quit aid, and there is no conclusive scientific evidence on the effectiveness of e-cigarettes for long-term smoking cessation.” In fact, for teens, the relationship between e-cigarettes and cigarettes seems to be the opposite.

Of teenagers who use e-cigarettes 30.7% start smoking regular cigarettes within 6 months, compared to just 8.1% of those not using e-cigarettes. Similarly, a study found that “students who had used e-cigarettes by the time they started 9th grade were more likely than others to start smoking cigarettes and other smokable tobacco products within the next year.”

Plaintiffs have brought several lawsuits against Juul specifically, alleging that its products’ high levels of nicotine caused the users to become addicted. Ironically, some of them choose to use JUUL because they thought it would help them quit smoking.

E-cigarettes are addicting because, just like traditional cigarettes, most contain nicotine. Juul’s products’ have especially high levels of the chemical: A single JUUL pod contains “as much nicotine as a pack of 20 regular cigarettes.” In addition, Juul’s particular formulation of nicotine salt “increases the rate and amount of nicotine delivered into the blood, compared with other formulations.”

Nicotine is particularly detrimental for young people because it can impede brain development, which is critical in the teen years. In addition, adolescents who are exposed to nicotine are at greater risk of future drug addiction.

One good thing is that e-cigarettes don’t have as many harmful chemicals as burned cigarettes. However, e-liquids still contain “at least 60 chemical compounds.” One study found that the vapor from some e-cigarettes carried toxic chemicals and known carcinogens, while the devices themselves contained “potentially toxic metal nanoparticles.” Also, unlike traditional cigarettes, e-cigarettes are susceptible to explosion, given that they are electronic devices that produce an aerosol by heating a liquid.

So, e-cigarettes are dangerous in more ways than one, but did Juul really take any specific steps to target teens? This is where analysis becomes complicated. Despite an organization’s sharpest marketing strategies and best intentions, consumer behavior sometimes goes in directions that are very hard to predict. Take Tide Pods.

Perhaps Proctor & Gamble, maker of Tide, could have anticipated the candy-like appeal its colorful, round detergent balls would have to consumers. However, it’s hard to imagine anyone predicting the viral rise of the ill-advised Tide Pod Challenge in which young people put pods in their mouths, sometimes ingesting them. P & G certainly did not encourage that behavior.

Are e-cigarette sales to teens Juul’s equivalent of the Tide Pod Challenge—an unfortunate, unforeseeable happenstance? Probably not. For one thing, young people’s use of e-cigarettes has proven to be much more than a fad. Moreover, unlike P & G, Juul employed several specific strategies that made its marketing attractive to teens.

For example, Juul used young, attractive models in its ads, who might appeal to anyone but would be especially alluring to image-obsessed teens. On its website, the company surrounded its product with “luscious-looking images of fruit.” It also chose youth-friendly flavor names like crème brulee and mango. In addition, Juul designed its products to be trendy and sleek, like flash drives, which could be accessorized with colorful skins.

Despite this circumstantial evidence, there doesn’t appear to be any ‘smoking gun,’ i.e., a Juul executive’s on-the-record admission or a leaked internal document outlining intentional targeting of teenagers. Does that lack of explicit evidence of clear intent absolve Juul? It should not, for two main reasons:

First, marketers at Juul should have realized that their tactics would have significant teen-appeal. If Juul really wanted to convert seasoned smokers to e-cigarettes, not enlist teens, it would have taken a different approach, like featuring older, former tobacco smokers in its ads. Interestingly, Juul initially did take that tack, but when it “failed to gain traction on social media and failed to gain sales,” it switched to the more kid-friendly strategy. Juul has since returned to its original adult approach, but only after considerable external pressure.

Second, Juul knew who was using its products, even though Juul executives have denied knowing how many teens were buying Juuls—a claim that FDA Commissioner Scott Gottlieb has called “incredulous.” Even if Juul somehow didn’t have access to accurate retail sales data, it could have easily seen the multitude of young people posting pictures of themselves using Juul products on social media. These users even coined a company-specific term to describe their actions: “Juuling.” That kind of branded verb creation is typical of teens and only tends to happen for the biggest social phenomena, e.g., Photoshop, Google.

Regardless whether Juul intended to target teens, its strategies encouraged their action, catching many in an unwitting cycle of addiction, which fits the description of an unfortunate legal/ethical concept: adverse impact.

Pressure from the FDA and the Massachusetts attorney general has compelled Juul to drop most of its kid-friendly tactics, but at this point, it will be difficult to put the proverbial genie back in the bottle. Juul and other e-cigarette makers who ‘inadvertently’ targeted teens may continue to deny responsibility, but they will always be known for their “Single-Minded Marketing.”

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Just Divided over Nike's New Ad

9/9/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

Nike just aired a new commercial that has quickly become entangled in controversy. The two-minute “Dream Crazy” ad is a well-produced spot that features footage of inspiring amateur athletes, as well as a couple of the brand’s superstar spokespeople. Surprisingly, the source of conflict is the ad’s narrator, who people seem either to admire or revile, which makes marketing analysts ask, “What did Nike just do?”

Marking the 30th anniversary of the company’s iconic “Just Do It” campaign, Nike’s new ad uses narration from NFL-quarterback-turned-activist Colin Kaepernick, who also appears briefly in the spot to urge viewers to, among other things, “Believe in something, even if it means sacrificing everything.”

If you’re not familiar with Kaepernick, he was one of the first professional football players to choose to kneel during the national anthem as a sign of protest against what many believe has been growing racial injustice in America. The last game he played was in January of 2017, but Kaepernick has since become the face and voice of a movement that extends well beyond professional sports.

Of course, not everyone has appreciated Kaepernick’s activism. Some resent that his example has encouraged others to kneel during the national anthem, which they believe is either unfounded protest or a misplaced act that disrespects the flag and demonstrates a lack of patriotism. Anthem protests have since become a point of contention for many NFL fans, causing some to swear off the league entirely.

In short, whether right or wrong, Nike’s use of Kaepernick has struck a raw nerve in a nation deeply divided.

Before going further, I need to say that I really didn’t want to write about this ad. Maybe it’s my Swiss heritage that makes me lean toward neutrality and dislike discord, especially political. It’s not fun for me to tackle an ad that arouses such strong social division. However, after much debate and several stops and starts, I still felt compelled to address the ad and so decided to “just do it.”

The first step in this Mindful Marketing analysis is ethics: Does Nike’s ad uphold societal values? Given the sometimes-ambiguous nature of “societal values,” that question is inherently hard to answer, but the circumstances surrounding the Nike commercial make this inquiry especially difficult.

The ad’s ‘dream big’ theme is positive and hopeful and probably not something with which many people would take issue. Instead, the debate seems to fall squarely on the company’s use of Kaepernick and whether what he represents is decent, fair, honest, respectful, and responsible (the five core values Mindful Marketing seeks to uphold).

Unfortunately, for those like me trying to make a moral judgment, both sides can make a compelling case based on the same principles. People who oppose Kaepernick can argue, for instance, that his activism unfairly characterizes police officers who are honest and considerate of others. His opponents also may contend that the anthem protests dishonor members of the armed forces who risk their lives to protect the freedoms the flag represents.

On the other hand, those who support Kaepernick can claim that the social justice movement he signifies is fundamentally about showing everyone respect. Similarly, this side shares that its aim is to ensure the fair treatment of all people.

Admittedly, the issues are more complicated than what I am presenting here; however, the point is that both sides have strong countervailing points that are difficult to adjudicate. For sake of argument, therefore, let’s give the ad the benefit of the doubt and assume that it does support societal values.

The second question, then, considers the ad’s effectiveness, which is also very difficult to discern. After the ad was released online this past Monday, several of the first news reports were of anger. Some consumers vowed to boycott Nike products, while others took more immediate and drastic action by burning their Nike shoes and socks.

Newer reports, however, have been that after the ad was released, Nike’s sales “grew 31% from the Sunday of Labor Day weekend through Tuesday, as compared with a 17% gain recorded for the same period of 2017, according to San Francisco–based Edison Trends.”

On the other hand, Nike’s stock (NKE), which had closed at $82.18 a share on Friday, August 31, closed at $80.30 a share this past Friday, September 7.

So, does Nike really know what it’s doing with the Kaepernick ad? A recent Washington Post article makes a convincing case that Nike does. Columnist Sally Jenkins maintains that the commercial positions Nike well in national and global contexts that are increasingly multicultural. She also argues that young shoppers, who are especially important to sneaker makers, want to buy products from companies that support social causes.

Public opinion is not so clear. This past Friday morning, September 7, Apex Marketing Group reported that the ad had produced $220 million in publicity for Nike: $69 million positive, $67 million negative, and $83 million neutral. Apex also noted that the percentage of positive publicity had fallen by 9 percentage points from Thursday to Friday.

Some may argue that any publicity is good publicity. That assertion, however, seems to be a myth, especially after considering organizational examples like Volkswagen and individual ones like Harvey Weinstein.

Public favor for the ad also might wane as people take more time to process the financial context surrounding Nike’s and Kaepernick’s participation in the promotion. For a few years, Kaepernick was a very good NFL quarterback, who even played in a Super Bowl. Before he began his anthem protest, he had been demoted to backup status.

Kaepernick made a total of $43 million as an NFL quarterback, of which he has donated over $1 million to a variety of social justice causes. It’s difficult to know how much, if any, money he has made as an activist, but sports agents estimate that his new Nike endorsement could be worth “millions of dollars per year.”

For these reasons, some have taken issue with the ad’s suggestion that Kaepernick ‘sacrificed everything,’ especially when compared to individuals who have given their lives in service to their country.

Kaepernick may not be serving as a Nike spokesman for the money, but it’s hard to imagine that Nike’s choice of Kaepernick was without consideration of its bottom-line, given that it’s a for-profit company that must answer to shareholders in an increasingly competitive marketplace. Not surprising, some have accused the company of “commercializing activism,” i.e., profiting from a social cause.

Another concern for Nike should be its relationship with the NFL. This past March, the NFL announced that Nike would continue to be its official supplier of uniforms and sideline gear through 2028. It’s not known how much these rights cost Nike, but it’s likely the company paid more than the $1.1 billion it reportedly invested for similar exclusivity in 2012.

The anthem protests that Kaepernick initiated continue to be a thorn in the side of the NFL. What’s more, Kaepernick has sued the NFL, claiming that the league has colluded to keep him off the field since he last played. All this to say, there are probably few people the NFL would rather not see exalted in a commercial than Kaepernick. Talk about biting the hand that feeds you.

Nevertheless, the league has tried to put on a good face about the ad. NFL executive vice president of communications and public affairs Jocelyn Moore offered the following:

“The National Football League believes in dialogue, understanding and unity. We embrace the role and responsibility of everyone involved with this game to promote meaningful, positive change in our communities.” “The social justice issues that Colin and other professional athletes have raised deserve our attention and action.”

Despite Moore’s conciliatory tone, one has to imagine that the ad places a significant strain on the relationship between the league and Nike that will only be exacerbated if there are further defections of NFL fans. Although her response makes it seem unlikely that the NFL is considering the commercial to be any kind of contractual breach, the ad will at a minimum cause the league to think more carefully about Nike and future sponsorships.

Like the ethical analysis, assessment of the commercial’s likely effectiveness has also been complicated. In the short-term, people may continue to applaud Nike for its social conscience. The ad and Kaepernick’s lawsuit, however, must be straining its relationship with the NFL.

Moreover, the ad’s theme of “sacrificing everything,” coming from a multimillionaire and a Fortune 100 company, will increasingly ring hollow with people, especially those working two jobs to make ends meet, or mourning loved ones who truly sacrificed everything in service to their country or community.

Credible cases can be made for placing Nike’s Kaepernick commercial in any one of the four Mindful Marketing quadrants, particularly given the ad’s multifaceted social implications. The ad’s effectiveness is also debatable. However, given the strained relationship with the NFL and a likely increase in public disaffect, there’s good reason for calling the commercial “Simple-Minded Marketing.”

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No More Deaths by Duck Boats

7/27/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

It was a sunny spring day, and 28-year-old Allison Warmuth was doing one of the things she enjoyed most—riding her red scooter through the streets of Boston. Tragically, that ride on April 30, 2016 was her last. A duck boat operator failed to see her stopped at a traffic signal and plowed into her scooter from behind.

Why remember an accident more than two years past that took a single life, when 17 people riding a duck boat on Table Rock Lake near Branson, Missouri drowned just a week ago? The reason is personal: I knew Allison Warmuth.

Several years before, Allie had been a student in one of my marketing classes. I quickly learned that she was a bright and hard-working student, as well as a kind and compassionate person. She wore a warm smile and exuded charm that endeared her to others.

I was Allie’s teacher for only a few months, but the latest Duck Boat accident has evoked thoughts of her untimely passing, returning sadness to me and others who knew her. It’s hard to image the pain that those closest to such accident victims feel, having suddenly lost their brother or sister, husband or wife, daughter or son . . .

Mindful Marketing didn’t exist when Allie was a student. Today other marketing faculty and I use the Mindful Matrix with our classes to assess the marketing actions of organizations like Ride the Ducks. I wonder what a sharp student like Allie would have said about duck boats, not knowing that one would one day take her life, or that similar vessels would be responsible for the deaths of dozens of others.

Over the past 19 years, 43 people have died in duck boat-related accidents. Foreshadowing the Branson tragedy, thirteen people passed away in 1999 when a duck boat sank on a lake near Hot Springs, Arkansas. In 2010 in Philadelphia, two tourists died when a tugboat pushed a barge into their stranded duck boat.

The amphibious vehicles also have been responsible for several fatalities on land. In addition to Allie’s death, a woman fell backward from a duck boat in a parking lot in Boston in 2003, while taking a picture. Also, in 2015, “five college students were killed and more than 70 people injured when a duck boat veered into a charter bus on a bridge above Seattle's Lake Union.”

It’s important to realize that one company does not own and operate all of the nation’s duck boats; rather, several different firms run tours in select cities around the country. For instance, Original Wisconsin Ducks®, located in Wisconsin Dells, WI, bills itself as “the ONLY duck tour in the world in continuous operation since 1946.” Meanwhile, “Ride the Ducks” offers duck boat tours in Branson, MO; Seattle, WA; Stone Mountain Park, GA, and Guam. “Boston Duck Tours” is yet another private company, providing tours just in its namesake city and claiming to be “Boston’s most popular tour.”

Our course, what all of these companies have in common is their use of the distinctive duck boat, a World War II-era vehicle used to transport troops and supplies from ship to shoreline during beach invasions. Duck boats reportedly were responsible for delivering over 40% of over-beach supplies during the first four months of the invasion of Normandy.

During combat, a complex system of switches and levers kept the boats afloat by cranking the propellers, managing tire inflation, and pumping water out of the hulls. Some of the duck boats used today, including the one that sank in Missouri, date back to WW II. Most of those boats have been retrofitted in certain ways, including cabin extensions to accommodate more passengers.

The obvious benefit of a duck boat is that it can operate both on land and in water. Like a printer that also makes copies, dual-purpose can be a plus. The problem with some multi-functional devices, however, is that they do neither of their main tasks especially well, i.e., they’re ‘jacks of all trades, masters of none.’

Attorney Andrew Duffy, who has handled cases involving duck boat fatalities in Philadelphia, supports that description and then some. He calls the vehicles “death traps” that are “not fit for water or land because they are half car and half boat.”

On land, the main issue is visibility. Duck boats were designed to travel up empty beaches, not to navigate crowded city streets, which pose challenges for their considerable length and girth. More importantly, the vessels’ high elevation and long bows create a wide, five-foot-high blind-spot that makes it easy for operators to overlook smaller vehicles and pedestrians. Such design contributed to Allie’s death on that fateful day in April.

In water, duck boats’ relative lack of buoyancy causes them to sit lower in the water than many other boats, which becomes an even greater issue in bad weather like that on the day of the Branson disaster. Perhaps the biggest dangers, though, are the fixed canopies and roll-down window covers. Duffy explains: (2) “When you are cruising along in a normal boat, if it capsizes you go [out of the boat and] into the water. With duck boats, you have the opposite effect. The canopy literally acts to drag you down with it.”

Duffy adds that the “heavy cellophane” many duck boat companies use for windows makes escape from a sinking craft even more difficult. Furthermore, passengers who don life jackets are at greater risk of being trapped underwater, as the vests push them upward and into the submerged canopy.

But, 43 deaths in about 20 years is miniscule compared to 40,100 U.S. motor vehicle fatalities in 2017. So, should we really be concerned about duck boats?

One thing to consider is that the total number of motor vehicle excursions in the U.S. in a year is undoubtedly many times the number of duck boat tours over the past two decades, so it should be expected that there will be many more ‘non-amphibious’ motor vehicle accidents than amphibious ones. Furthermore, when we climb into cars and onto buses, we assume the risks because we usually don’t have other options: We need to get to work or school, and motor vehicle transportation is the only reasonable way to do so.

On the other hand, no one needs to take a duck boat tour. It’s a low-intensity leisure activity that’s easy to substitute, so the risk to those on or near the vehicles should be virtually zero. Yes, some recreational pursuits like bull riding and mountain climbing place people at considerable risk of death or injury, but well-trained and adventurous adults knowingly accept those risks. Families with young children, senior citizens, and others simply looking to see the sights of a city shouldn’t have to worry about dying on a tour.

However, some duck boat companies, like Original Wisconsin Ducks, which operates the nation’s largest fleet of ducks (92), claim to have never had an accident. Should they be allowed to operate as-is?

That’s a decision that objective experts need to make; however, it’s worth noting that Ride the Ducks in Branson also apparently never had an accident before 17 people died, even though company spokesperson Suzanne Smagala-Potts has said that “The safety of our guests and employees is our number one priority” and despite a private safety inspector having warned the firm about life-threatening design flaws in its vessels less than a year before the fatal accident.

It’s also worth noting that James Hall, former chair of the National Transportation Safety Board, has suggested that duck boats are inherently dangerous and should be banned from commercial recreational use. Hall doesn’t believe there’s a way to make the vehicles safe, especially during bad weather.

What would Allie Warmuth say about duck boats? As a sharp businessperson, she would likely appreciate the tours’ strong consumer demand. However, as a rational and caring human being, she also would recognize that revenue potential doesn’t outweigh the risk to life. As a result, duck boat tours should be considered “Single-Minded Marketing.”

Note: Allie’s family has created a Facebook page to help prevent similar accidents and to ensure the safety of others. Please consider visiting and liking Street Safety for Allie.

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Branding "One and Done"

6/29/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

Clever t-shirt sayings have long been part of American culture, from “I’m with Stupid -->” to “My parents went to _________ and all I got was this lousy t-shirt.” Foot Locker’s recent promotion of “One and Done” tees, featuring NBA prospects in an infomercial parody, was a slam dunk, but could such a tagline lead people to fall short of their dreams and drop the ball in commitments to others?

The phrase “one and done” is used in a variety of contexts; for instance, parents with one child and no plans for others might say “We’re one and done.” More often, the expression is associated with college athletics, particularly top-tier basketball players who compete at the collegiate level for a single season before turning pro. Driving this behavior is the National Basketball Association’s (NBA’s) one-and-done rule, which requires that players be “at least 19 years old and one year removed from high school” before entering the league.

This b-ball context was the impetus for Foot Locker’s limited edition “One and Done” t-shirt, which it sold strategically, just during NBA draft day and only online and in its Time Square store. One of the commercials that advertising giant BBDO created for the exclusive offer featured projected NBA draftees Trae Young and LiAngelo Ball, both well-known one-and-done players. Meanwhile, comedian Reggie Couz played the over-the-top pitchman, pushing the tees for $29.99 each.

How did the ads do for Foot Locker? They 'scored'—the shirts sold out online. Draft night also went well for Young, who the Dallas Mavericks selected with the fifth overall pick before trading him to the Atlanta Hawks. Unfortunately, one and done didn’t work out well for Ball, who went undrafted.

Many have debated the legitimacy and the efficacy of the NBA’s one-and-done rule, which seems poised for change. Some maintain that the policy hurts college basketball, while others argue that no artificial criteria should keep qualified adults from entering employment. Still, others point to the great success of certain one-and-done players like two-time NBA champion and Finals MVP, Kevin Durant.

The aim here isn’t to resolve the complicated NBA one-and-done debate; rather, it’s to raise a question that affects an even wider swath of people—especially young, impressionable ones:

Should a company brand and promote “one-and-done” products?

I can already hear readers groaning: “Loosen up. They’re just t-shirts!” That’s true. What’s more, Foot Locker’s commercials were parodies that made fun of the annoying infomercials we love to hate, so it was hard to take the campaign too seriously.

Still, real shirts were sold thanks to actual ads that promoted them. Most importantly, those shirts shared a message that socially and developmentally is not a very constructive one: It’s okay to stop after one try.

Yes, we need to realize when it’s time to cut our losses and “pull the plug” on efforts that just aren’t working. That approach, however, is pretty much the opposite of one and done, which more accurately suggests things like, ‘I’ve arrived’ and ‘Don’t mess with perfection,’ or in the case of basketball, ‘I’m NBA material.’

Of course, the problem is that very few people have ‘arrived’; most of us are far from perfect. Instead of quitting and moving on, we need to keep churning and grinding: pushing ourselves to get better by finding even small ways to improve. Rather than ‘one and done,’ our mantras should be things like ‘life is a marathon, not a sprint’ and ‘failures are the path to success.’

But does a saying like 'one and done' really have that much sway over people? Some of the best advertising slogans do make their way into common language use, influencing people’s perceptions and values. For instance, Wendy’s famous 1984 ‘big bun’ commercial made “Where’s the Beef” a national catchphrase that presidential candidate Walter Mondale even invoked. Or, think of all the times you've heard someone quote Nike’s iconic “Just Do It” theme to move themselves and others forward.

Some may still argue that rational adults know better than to take these taglines seriously. Even if that’s true, there’s the issue of who else these marketing messages reach, probably most effectively: young people.

The NBA has one of the youngest fan bases of all sports, with 43% of fans under the age of 35 and 13% between the ages of two and seventeen. By using potential NBA players to promote its One and Done t-shirts on Draft Day, Foot Locker was likely targeting this same youthful demographic.

One problem with this approach is that there has been considerable concern about “children's ability to fully comprehend and evaluate advertising messages.” Of course, very young children are not the ones online buying One and Done t-shirts, yet they are still exposed to the advertising. Young people of all ages experience the social impact of the slogan as they see peers wearing the shirts in school and elsewhere.

It’s easy for any of us to be overconfident in our abilities. Individuals with less life experience, who are still developing in many ways, need to be especially careful of such hubris. In many ways, young people are the last ones who should be thinking about being “one and done,” and marketers should be especially sensitive about encouraging such misguided notions.

Besides potential individual failure, there’s also possible social fallout from a one-and-done mentality, namely the impact on others affected by a person’s premature decision to move on. Granted, few relationships come with long-term assurances, but a rash departure caused by a lack of commitment can leave a gaping hole in others’ lives.

In his class business book The Five Dysfunctions of a Team, Patrick Lencioni identified lack of commitment as the third fatal flaw organizations face. Some believe that Millennials have unique struggles with commitment. In any case, no one needs encouragement to end allegiances or to be disloyal, as the one-and-done message might suggest.

Kenny Rogers famously sang that card players need to know “when to hold 'em,” and “when to fold 'em.” Unfortunately, a one-and-done message encourages many individuals, especially young people, to play their hands too soon. Not everything that people say should appear on a t-shirt. Let’s hope Foot Locker permanently retires its ill-advised tees so its “Single-Minded Marketing” also becomes one and done.

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A Marketing-Ethics Professor Grades Facebook’s Data Policy

4/21/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

You’ve heard about Cambridge Analytica, data-sharing, the 2016 election, and Mark Zuckerberg’s two trips to Capitol Hill. Rather than add one more opinion of what went wrong and why, I’d like to share something a few of Facebook’s two billion users might find even more helpful: an evaluation of the social media giant’s current data policy.

As an educator, I wasn’t eager to tackle another big ‘grading’ project (I have plenty of others right now), but after pouring over the firm’s privacy-related webpages, I’m glad I did. I learned much in the process, and I believe there are several useful takeaways for others who have an interest in how Facebook manages our data.

Most of my analysis stems from Facebook’s Data Policy page, which describes at length the company’s approach to user privacy. This page also contains links to a variety of other pages that unpack specific components of the policy.

Here’s my evaluation:

Readability: "A"
We’ve all experienced contracts and terms of service that we can tell at a glance will be a ‘bear’ to get through, perhaps because of all capital letters or marathon paragraphs. Facebook’s formatting is much more user-friendly, which may seem like a small thing, but if people avoid reading the policy, what good is it?

The policy features short paragraphs, many with three sentences or less, prefaced by bolded headings, which help readers locate specific information. Likewise, the overall organization of material is clear and logical. For instance, several main headings, set in a larger blue font, delineate sections for answering: “What kinds of information do we collect?” “How do we use this information?” and “How is this information shared?”

Clarity: "A"
Organization and formatting are helpful, but they’re meaningless if we can’t interpret what’s said. Most of us have experienced the mind-numbing legalese that seems as if it were written to confuse and confound. Fortunately, Facebook uses language that’s much more accessible, and if technical terms that some users may not recognize are needed, the company explains the concepts. For example, here’s how the firm describes cookies:

“Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as ‘cookies.’”

Sometimes, however, even a clear explanation is not enough. In those instances, Facebook goes a step further by providing specific examples like the following one to describe how it shares data with third parties:

“We may tell an advertiser how its ads performed, or how many people viewed their ads or installed an app after seeing an ad, or provide non-personally identifying demographic information (such as 25 year old female, in Madrid, who likes software engineering) [emphasis added] to these partners to help them understand their audience or customers, but only after the advertiser has agreed to abide by our advertiser guidelines.”

Ease of Use: "A-"
Given that Facebook’s business model is based almost entirely on managing user-provided information, it’s data policy is inherently complex, which makes it all-the-more important that users can easily find the information they want and make changes to fit their personal preferences.

The company facilitates those objectives by making ample use of hyperlinks to other pages, like this one for advertising preferences, which allows users to better understand and manage the ads they see. Facebook also has programmed a decent amount of flexibility into data-related settings. Similar to the previous example, users also can determine the specific information they’d like to keep private vs. make public through means such as managing their Public Profile and using the Activity Log tool.

In addition, Facebook allows users to delete their accounts whenever they wish, or deactivate them temporarily. With those options, however, comes an important caveat from the company: “Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.”

Facebook’s ease of use slips somewhat when it comes to reporting others’ objectionable content. On its webpage “Details on Social Reporting,” the company says, “We encourage people on Facebook to use the report buttons located across our site [emphasis added] to let us know if they find content that violates our terms of use so we can take it down.” However, no such buttons are readily visible. Instead, the intended option for such censure appears to lie under each post’s three-dot drop-down menu under the somewhat ambiguous selection “Give feedback about this post.”

Transparency and Thoroughness: "B+"
Brevity is a virtue, but that benefit is lost if there’s not enough information to adequately communicate a message. In many ways, Facebook does a good job detailing its multifaceted data policy. For instance, it identifies each type of third party with which it shares information about its users: advertising, measurement and analytics services, vendors, service providers, and other partners. Facebook also broadly describes the kinds of information these third parties receive and how they use it.

Along the way, the company provides links to other pages that contain more detailed information, such as advertiser guidelines, the kinds of information it collects, and how users can control the types of ads they receive. In addition, Facebook offers in its Help Center a “Security Checkup” and a series of security tips with links to additional resources such as password protection and antivirus software for Mac and Windows operating systems. Unfortunately, the Microsoft link is broken.

How could Facebook be more thorough and transparent? The company states:

“We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission [emphasis added].”

As a researcher, the notion that Facebook aggregates data and maintains individual users’ anonymity is reassuring. As a Facebook user, however, I’d like more explanation for the final part of the above statement: “unless you give us permission.” How exactly do we give Facebook permission to share “personally identifiable information,” where is it possible to view the permissions we have granted, and how can we rescind such permissions, if we want to do so? Similarly, Facebook’s data policy states:

“We transfer information [emphasis added] to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations [emphasis added] in a way that is consistent with this Data Policy and the agreements we enter into with them.”

“Transfer information” seems like another way of saying ‘share data,’ which is reminiscent of the Cambridge Analytica debacle. Of course, Facebook adds that “these partners must adhere to strict confidentiality obligations,” but how exactly is that third-party confidentiality monitored and enforced? Perhaps the answer is ‘above our pay grade’ as consumers; yet, it would be comforting to know that new and more effective standards for accountability are in place that will help to avoid a similar Cambridge Analytica breakdown.

Conclusion
Along with the preceding assessment, it’s important to note three things:

1. We use Facebook for free. Since users don’t pay for Facebook, the social media platform needs to cover its costs somehow. Like most other media, it does so through advertising revenue. Advertisers aren’t going to foot the bill, however, unless they know who they’re reaching, hence the need to share at least some user data.

2. The purpose of Facebook is to share information. If we posted things on Facebook and no one ever saw them, we’d be upset. The very reason we use the platform is to share information. Granted, we may only want to share things with our friends or certain others, but in keeping with the prior point, ‘beggars can’t be choosers.’

3. Users enjoy a better experience when Facebook utilizes their data. Granted, we don’t want to be taken advantage of, but seeing ads for products we want or content related to topics we like are usually preferable to exposure to things that are of no interest to us. Such customization is possible because of the data we provide.

As the preceding analysis has suggested, Facebook’s data policy isn’t perfect. However, given the information-intensive nature of the company’s operations and the many different stakeholder groups who rely on that data, the company is doing a commendable job—one that warrants recognition as “Mindful Marketing.”

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Can Happy Be Healthy?

3/19/2018

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

It can be hard to remember what we ate for lunch yesterday, let alone when we were kids, but many of us can recall the unique childhood experience of a Happy Meal. Children may like McDonald’s food, but for most it’s all about the toy tucked inside the red and yellow box. So, why does the fast food icon want to tinker with a nearly 40-year-old recipe that’s been as golden as its arches?

Happy Meals were the brainchild of McDonald’s St. Louis regional advertising manager Dick Brams. When the kid-focused combo first hit the market in 1979, each box contained a burger, fries, cookies, soda, and a toy like a “McWrist” wallet or a “McDoodler” stencil. While the toys regularly varied, the food remained pretty much fixed until 1983, when chicken nuggets became an entrée option.

One of the biggest Happy Meal happenings took place in 1987, when McDonald’s began partnering with Disney. Well over a hundred different Disney characters have since appeared inside the boxes, including Mickey, Aladdin, and Nemo. Moreover, this commercial collaboration opened the floodgates for all manner of other cobranding with the likes of Legos, Transformers, Hello Kitty, and one of the most popular product premiums ever: Ty Teenie Beanie Babies. The small, squishy creatures first appeared in 1997 and were reprised in 2009 for the Happy Meal’s 25th anniversary.

Fast-forward to the present and perhaps the biggest Happy Meal change ever: McDonald’s has decided to remove cheeseburgers from the Happy Meal menu. Why would the company with a name that’s synonymous with burgers and renown for “billions and billions served” make a move analogous to Dunkin’ ditching donuts or Little Caesar’s shelving pizza? It’s all about trying to be healthier.

Most of us recognize that Happy Meals aren’t the most nutrition things kids could be eating. To put McDonald’s dilemma into perspective, a cheeseburger Happy Meal with small fries and a 1% chocolate milk has 700 calories, 27 g of fat, and 1,060 mg of sodium. Those are high levels for young children who are the primary consumers of happy meals and who need as few as 1,000 calories per day.

So, as the biggest restaurant chain in the U.S. by revenue (over $36 billion), McDonald’s is a natural target for concerns about childhood obesity, which has become a national epidemic. The Obesity Action Coalition states: “Pediatric overweight and obesity now affects more than 30 percent of children, making it the most common chronic disease of childhood.” Furthermore, the Centers for Disease Control and Prevention reports that fast food consumption “has been linked to weight gain in adults” and is “associated with higher caloric intake and poorer diet quality in children.”

Not surprising, this isn’t the first time McDonald’s has moved toward healthier Happy Meal options. In the early 2000s, the company introduced juice boxes, 1% milk, and apples with low-fat caramel dip. It reduced the size of Happy Meal fries to 1.1 ounces in 2011 and announced plans to limit added sodium and sugar in certain other items. In 2013, McDonald’s promised to more seriously promote sides of fruits and vegetables and to change the default beverage option from soda. The company also introduced a new brand of lower-sugar orange juice last fall.

As part of the latest round of Happy Meal makeovers, McDonald’s plans to serve a smaller size of fries with the six-piece Chicken McNuggets, make bottled water a featured beverage option, and reduce the added-sugar in its chocolate milk. Cheeseburgers will no longer be among listed Happy Meal options; however, customers will still be able to receive them upon request.

All of these changes are part of the company’s longer-term goal, which is to have at least half of all Happy Meals come in under 600 calories, with less than 10% of those calories from saturated fat or added sugar, and with under 650 mg of sodium.

Some people with unique insight into health-related matters believe McDonald’s plan is a good one:

“We think McDonald’s is raising the bar,” said Howell Wechsler, the chief executive of Alliance for a Healthier Generation, which advised the chain on the menu changes.

“This is an important step in the right direction,” commented Nancy Brown, CEO of the American Heart Association.

There is some precedent for such changes having a positive impact. McDonald’s reports that orders of soda fell by 14% after the item was removed from the Happy Meal menu. Meanwhile, the chain saw a corresponding increase in meals purchased with water, juice, or milk.

McDonald’s actions also appear to influence its competitors. Burger King, Dairy Queen, and Wendy’s followed McDonald’s lead by replacing soda as the default drink in their kids’ meals. McDonald’s reportedly receives more business from families with children than does the competition, but its peer impact is certainly not negligible.

Not everyone, however, is happy about the Happy Meal changes. Corporate Accountability, a national nonprofit and frequent critic of the restaurant chain maintains that a 600-calorie meal is still more than many young children need. Furthermore, spokesperson Alexa Kaczmarski suggests that McDonald’s actions are simply aimed at getting kids addicted to junk food for life.

New York University professor of food studies Marion Nestle offers a more moderate but still critical analysis of the restaurant’s moves, calling them “tweaking” and saying “it’s hard to convert junk foods to health foods in any meaningful way.”

Jennifer Harris of the University of Connecticut's Rudd Center for Food Policy and Obesity echoes these concerns as she describes the reality of what often occurs inside a fast food restaurant:

“If you're in a restaurant and your child smells french fries and sees the soda, it’s very difficult for kids to get the healthier choices . . . If you're a parent, do you risk having a meltdown or do you get your child what’s most appealing to them?"

Harris’ point is a compelling one: It’s one thing to offer healthy options, it’s another thing for a target market of kids, with understandably few health concerns, to choose such options, especially when all kinds of other food looks and smells more appealing.

Add onto that temptation the likelihood that the children’s parents aren’t eating very healthily either. Sure, some people go to McDonald’s and order salads, but the vast majority of parents probably sit across the table from their kids eating their own Quarter Pounder with Cheese and fries. So, even if dad orders chicken nuggets and a side of apple slices for Junior, Junior is already planning what he’ll eat when he’s old enough to order for himself.

People will always want some indulgences, but given trends toward healthy eating and better-quality options, the long-term future of fast food doesn’t look particularly promising. As I interact with members of Generation Z, most tell me they’d definitely prefer to eat at Panera or Chipotle, rather than the typical fast food restaurant. That preference doesn’t bode well for McDonald’s now, and it’s not likely to get better over the coming 5-15 years, as this next generation of young parents will have even less motivation to buy their kids Happy Meals.

McDonald’s is, in many ways, trying to chart a new path. That’s a tall order, however, even for one of the world’s most successful companies when its brand has been tied for so long to largely unhealthy food. I’m glad that McDonald’s continues to make menu changes, especially ones that may positively affect children. Unfortunately, it’s doubtful that the net impact will be proportionate to the company’s influence. It’s a tough call, but healthier Happy Meals still seem like “Simple-Minded Marketing.”

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Apple Slows iPhones

12/29/2017

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

This fast-paced world leaves many of us longing for a simpler life with a more relaxed pace. Slower does seem better, until we realize it’s our smartphone that’s slowing. When that reality hits of millions of consumers at the same time, there’s bound to be a backlash, which is what Apple recently experienced after stating that some of its iPhones may not be as speedy as they could be.

You probably noticed the recent rash of news stories, all with a similar headline: Apple intentionally slows iPhones! Such pieces resonated with you personally if you own an older iPhone and experienced the frustration of waiting for apps to activate or data to download.

What sparked the media firestorm? Two specific posts on the social media site Reddit were the main impetus. Through a set of before-and-after Geekbench tests to measure his iPhone 6’s processor speed, a user named “TeckFire” found that his phone became much faster after replacing the phone’s battery. His conclusion from the experience was that “Apple slows down phones when their battery gets too low, so you can still have a full days charge.”

He followed up his original post by later sharing what he said was “Apple’s official statement on the matter”:

“Our goal is to deliver the best experience for customers, which includes overall performance and prolonging the life of their devices. Lithium-ion batteries become less capable of supplying peak current demands when in cold conditions, have a low battery charge or as they age over time, which can result in the device unexpectedly shutting down to protect its electronic components.”

Apple continued its explanation:

“Last year we released a feature for iPhone 6, iPhone 6s and iPhone SE to smooth out the instantaneous peaks only when needed to prevent the device from unexpectedly shutting down during these conditions. We’ve now extended that feature to iPhone 7 with iOS 11.2, and plan to add support for other products in the future.”

So, that sounds like Apple admitting it sometimes slows its smartphones. Such a controversial confession from the world’s most valuable company doesn’t happen every day, which is why news media like CNN, Forbes, and The New York Times, quickly picked up the story.

Not surprising, Apple’s revelation has upset many consumers frustrated by the notion that their phones are not as fast as they could be. One such customer who apparently has decided to turn his irritation into legal action is Stefan Bogdanovich of Los Angeles. According to TMZ, he is suing Apple, claiming that the slowdown diminishes the phone’s value, as well as encourages users to needlessly abandon their older iPhones in favor of the latest models. Others have filed similar complaints.

Bogdanovich’s lawsuit certainly doesn’t represent the first time a firm has been accused of planned obsolescence. Indeed, some companies have resorted to the unethical approach, believing that the best way to build business was to impair their own products so customers would be more inclined to buy newer models, even though the ones they already owned were still very useable.

Besides being morally unacceptable, planned obsolescence is also a very risky business strategy. Disappointing one’s own customers can easily drive them to competitors while causing serious self-inflicted damage to one’s own brand. Why, then, would a market leader like Apple risk such a desperate scheme?

The most likely answer is it wouldn’t try planned obsolescence, which means something else probably explains Apple’s decision to slow its iPhone. Brian X. Chen, the lead consumer technology writer for The New York Times, provides an excellent analysis of the company’s approach:

“What Apple is acknowledging is a power management technique in which the iPhone scales back processing power to keep the device running for longer when its battery health is low. Lithium ion batteries have a limited number of charge “cycles” before they can no longer be recharged properly. Apple’s website says the battery loses about 20 percent of its original capacity after 500 charge cycles.”

Chen summarizes: “if your iPhone is beginning to run out of battery capacity, these slowdowns might kick in to keep it running for longer or prevent it from shutting down unexpectedly.” His expert opinion supports Apple’s assertion to TeckFire that slowdowns are ultimately in customers’ best interests: “Our goal is to deliver the best experience for customers, which includes overall performance and prolonging the life of their devices.”

If people have a choice between their smartphones running faster or slower, of course they’ll choose ‘faster.’ But, if the options are ‘going a little slower’ or ‘shutting down,’ most people will admit they can wait. The trade-off is analogous to other experiences in life, like when driving. While we almost always want to get to our destinations faster, most of us would rather slow down a little than have an accident.

So, it seems like the adage, “speed kills” also rings true for iPhones, which means Apple did its customers a favor by slowing their devices in order to avoid crashes. Yes, in an ideal world battery life wouldn’t diminish over time and hardware would be completely stable, but even the world’s most valuable company must operate within current technology constraints.

Apple has since apologized for not informing consumers about its actions, and it has lowered the price of battery replacement on the affected iPhones from $79 to $29. Perhaps more transparency sooner would have helped, but Apple really didn’t need to tell others what it was doing because its actions were in consumers’ best interests. Although not an ideal example, Apple’s iPhone slowdown ultimately was “Mindful Marketing.”

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Unclear Communication

10/21/2017

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by David Hagenbuch, founder of Mindful Marketing & author of Honorable Influence

If a friend says her “head is spinning” or a coworker claims he could “eat a horse,” we don’t worry about a broken neck or a slaughtered stallion. Language is full of figures of speech. What’s more, we don’t need to be told every detail; a conversation’s context carries much of the meaning. That’s the way communication is supposed to work; although, it notably didn't during a recent college business class.

Professor Reb Beatty teaches financial accounting at Anne Arundel Community College in Maryland. To aid his students on the first exam, he told them several times to bring a “3 x 5 note card,” on which they could write any information they might find useful during the text. Allowing students a small ‘cheat sheet,’ is not unusual for college courses, especially ones involving quantitative topics.

On the day of the exam, students filed into the classroom with their usual books and bags and the note cards. One student, however, carried something much more conspicuous. Ten minutes before the test, Elijah Bowen entered toting a 3 ft. x 5 ft. poster, packed with information for the exam.

When he first saw it, Professor Beatty disregarded the jumbo card, thinking it was just a study aid that Bowen was using to cram before the test. However, when it became apparent that he planned to use the poster during the exam, the teacher confronted the student. Bowen explained that all of the information Beatty had sent about the card just said 3 x 5. Nowhere was there any mention of inches.

After hearing the explanation, Beatty relented and allowed Bowen to use the card, but in the back of the classroom where other students couldn’t read it. Of course, Bowen was delighted that he got to use the super-sized exam aid, which he had spent over an hour creating the night before. He also was very surprised his professor allowed him to do so: "It was fabulous. I was shocked." "I gave it about a 5 percent chance he'd let me use it."

But what were his professor’s feelings about the liberal interpretation of his instructions? Beatty said he was impressed by the ingenuity: "I was actually very happy for him.” "You have to have a student with the intelligence to recognize the loophole and then have the audacity to put it together and come in and try it." Beatty even took a picture of Bowen with the card and posted it to Facebook, where over 28,000 people shared it. The professor also appended his syllabus, adding the note card’s true size.

So, the story had a happy ending, right? Well, if you’re familiar with this blog, you know there must be more to the analysis. Plus, what does an exam in a financial accounting class have to do with marketing? Let’s see.

There are at least two examples of branding that happened here, the first of which was personal branding. Bowen branded himself as someone who’s not averse to bending the rules, or gaming the system. Although he knew his professor meant inches, not feet, he still tried the ploy, even acknowledging afterward that he doubted it would work.

As mentioned above, reasonable people interpret information rationally based on the context. They don’t argue with a lumberyard that its two-by-four boards should be 2 ft. x 4 ft. thick, and they don’t pretend that note cards are of a similar large size. Perhaps Bowen meant to be funny, but ultimately he showed a lack of integrity: He plotted to gain an advantage over his peers and feigned an unrealistic interpretation of the note card size, which even he didn’t believe. Such behavior does not reflect the kind of individual with whom most people want to work or otherwise interact.

The second instance of poor branding involved the portrayal of accounting—a very important field and a noble profession. Accounting abhors creative manipulation and exploiting loopholes, for which Beatty praised Bowen. Good accountants want their firm’s books to accurately and honestly reflect their firm’s financial realities, as Investopedia suggests:

“Creative accounting capitalizes on loopholes in the accounting standards to falsely portray a better image of the company. Although creative accounting practices are legal, the loopholes they exploit are often reformed to prevent such behaviors. A primary benefit of public accounting statements is that they allow investors to compare the financial health of competing companies. However, when firms indulge in creative accounting they often distort the value of the information that their financials provide.”

By allowing and even exalting Bowen’s gigantic note card, Beatty encouraged behavior that is antithetical accounting. Over time, endorsing such illicit activity will taint the field’s image, i.e., people will think of accountants more as dishonest schemers and less as trustworthy advisors.

College campuses cultivate some crazy behavior, much of which is a fun and harmless part of the undergraduate experience. College is also a place, however, where students develop work habits and reputations that go with them for much of their lives. For these reasons, devious behavior that disparages individual and collective branding must be called “Mindless Marketing.”