New FTC rules screw Jared, Bowflex granny

The long-awaited FTC guidelines concerning the "use of endorsements and testimonials in advertising" were posted today, and they're sure to get lots of buzz for their first-ever rules for bloggers, including mandatory disclosure of paid reviews. But the real game-changer may be the crackdown on the use of "Results not typical" disclaimers in advertising, a loophole that's enabled decades of preposterous claims such as, "I lost 50 pounds in a week!" and "I made $100,000 in my first month!" Here's how the FTC summarizes the change: "In contrast to the 1980 version of the guides—which allowed advertisers to describe unusual results in a testimonial as long as they included a disclaimer such as 'Results not typical'—the revised guides no longer contain this safe harbor." While this could represent a much-deserved kick to the crotch of late-night snake-oil salesmen, it also seems to be bad news for mainstream brands like Bowflex and Subway, whose success stories (hot granny and Jared, respectively) center on rare cases of extreme willpower. Sounds like they might have to try out some new copy, like, "Bowflex. You'll burn dozens of calories hauling it from your closet to your yard sale!"

—Posted by David Griner

Published on October 5, 2009 | Permalink | Comments (0)
Filed under Bowflex, FTC, Griner, Politics, Subway

Michael Phelps lights up some Subway buzz

There's plenty of dopey drug-related wordplay on the Web today surrounding Michael Phelps' debut as a Subway pitchman. I'd rather not add to that and bring anybody down. Sure, I could ask what the creatives at ad shop MMB were smoking when they decided to pair swimmer and power-eater Phelps with slimmer everyman Jared Fogle. I could note that the split-screen opening and choice of Sly and the Family Stone on the soundtrack are overtly wink-wink trippy — but, hey, it's Subway's prerogative to roll its own commercial as it sees fit.  If I did point out that Phelps seems to prefer his jalapeños piled high and bun toasted, I'd be doing so in a purely blunt descriptive fashion. Then there's the fact that the spot drives viewers to SubwayFreshBuzz.com. And even if some chose to make less than literal interpretations of such observations, it would only fan the sweet rising flames and further stir Subway's promotional pot.

—Posted by David Gianatasio

Published on July 7, 2009 | Permalink | Comments (3)
Filed under Gianatasio, Michael Phelps, Subway

Subway drops turd in pool during Olympics

Who will win the gold for crappiest commercial airing during the Olympics? Probably Subway, whose Scrabble spot isn't tied to the Games but has been airing on NBC anyway, in a seemingly endless loop. The ad shows people emerging from Subway restaurants dripping wet, and seeming refreshed and happy. The source of their joy, it turns out, is that they're covered in soda—having been splashed by other gleeful patrons who've been excitedly peeling Scrabble game pieces off their drinks. The ad is Wendy's-esque in its presentation of anti-social behavior as lighthearted fun. And it's not even a new spot. Subway liked it so much in 2007 that it's brought it back for an encore.

—Posted by Tim Nudd

Published on August 19, 2008 | Permalink | Comments (4)
Filed under Nudd, Subway, TV