Latest Updates: WOM Ethics RSS

• Review Tampering – Is this ever going to end?
  
  

  Pat McCarthy 10:55 am on January 30, 2012 | 0 Comments Permalink | Post Your Comment!
  Tags: Online Reviews (5), WOM Ethics

  The New York Times recently reported on a company that offered VIP Deals for customers who submitted a review or their iPad covers. You could argue that the reviews could have been positive or negative, but we all know which way the company was implying. Every time a company does this, they erode the trust between consumers in general and online reviews.

  Indeed, it makes clear sense that brands want their customers and advocates to create media. Reviews, videos of product trials, photos, and other media created by consumers benefit brands greatly. But paying per review isn’t the way to go.

  Create a Reason to Share

  Suppose you were going to offer about $30 of value to your customers to post a positive review. Right before you launched this campaign, you came to your senses and put the kibosh on it.

  What could you do with those funds? How could you use them to give your customers a reason to review, share, and create with your product?

  Key Takeaway: Creativity drives great word of mouth marketing. Put your resources there.

  Read more about the ethics of online reviews at The Digital Influence Mapping Project

  

  

   

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• FDA Guidance: Everything you Need to Know
  
  

  Pat McCarthy 11:33 am on January 25, 2012 | 0 Comments Permalink | Post Your Comment!
  Tags: FDA (30), WOM and Social Networks (683), WOM Ethics, WOM in Healthcare / Pharma (48)

  Healthcare marketers have long awaited guidance from the FDA on how to engage online without violating patient privacy. The wait ended recently when the FDA released the “Guidance for Industry Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices.”

  Andy Levitt, Founder and CEO of HealthTalker, and Tony DiResta, WOMMA’s General Counsel, both wrote perspectives on the Guidance. Snippets are below.

  For the full posts, visit All Things WOM and DiResta-the-Law.

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  HealthTalker Thoughts on the FDA’s Social Media Guidelines

  

  By Andy Levitt, Founder and CEO of HealthTalker

  Many people in the pharma world have been champing at the bit for the FDA to provide guidance on how to use social media in the promotion of prescription products.

  For what it’s worth, I think that the use of social channels in the Rx space is widely over-hyped, and that the real opportunities lie in old fashioned, face-to-face word of mouth dialogue.  (Disclaimer: my company, HealthTalker, provides WOM services for life science companies).

  Manufacturers and many of the agencies that support them have wondered how to avoid regulatory headaches but still tap into the power of Facebook, Twitter and the like, hoping to strike gold with these dynamic channels leading to noteworthy promotion and increased market share.

  I actually find the whole thing a bit laughable as it suggests that people in the industry have become too afraid to think on their own, to apply good judgment to marketing and promotion, and to push the envelope a bit further.  That statement might anger some people and offend a few more, but at the end of the day the FDA will never tell us exactly what to do; they will only provide draft guidance.

  Continue Reading…

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  The Attorney’s Perspective on the FDA Guidance

  

  By Tony DiResta, Partner at Winston & Strawn LLP and WOMMA’s General Counsel

  Over 2 years ago, the Food and Drug Administration (FDA) held hearings on the use of social media for pharmaceutical advertising.  WOMMA representatives provided testimony during those hearings.  Comments concerning issues presented by those hearings were provided by many industry groups, including WOMMA.

  Anticipation has been great, with the expectation that clarity would be provided for pharmaceutical companies desiring to use social media platforms as part of the educational and promotional activities.  After years of waiting by the pharmaceutical industry, the FDA quietly released its “Guidance for Industry Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices” in the Federal Register.  Unfortunately, the agency declined to provide detailed instructions and rules.

  Continue Reading…

  

  

   

• WOMMA Encourages Transparency and Consumer Choice – Applauds FTC Actions
  
  

  Pat McCarthy 10:37 am on January 20, 2012 | 0 Comments Permalink | Post Your Comment!
  Tags: FTC Guidelines (72), Privacy (5), WOM Ethics

  

  Yesterday, we released a Guidance on Privacy, a set of self-regulated privacy guidelines that focused on social media and the use of consumer Personally Identifiable Information (PII).

  In light of the FTC’s recent settlements with Google and Facebook, WOMMA applauds the FTC’s efforts to shine the light on this issue and for making transparency a key point.  While it is not yet clear what effect these developments have had on the online marketing industry – we appreciate the agency’s efforts to allow industry leaders to develop effective self-regulatory initiatives, and WOMMA looks forward to working with the FTC on the important issues relating to privacy.

  Along with some major brands and agencies, WOMMA and its board of directors have agreed upon a set of core principles for protecting privacy across all marketing and communications channels. WOMMA’s Guidance on Privacy are aspirational core principles to follow, and are not mandated or required guidelines for the industry.

  Excerpts from WOMMA’s Perspective on Privacy:

  • Brands should be open and honest about PII that they are collecting, using and sharing from consumers.
  • Brands should use PII collected from or about consumers for the purposes that they have clearly communicated.
  • Brands should collect PII that is relevant and necessary to accomplish the specified purposes.
  • Brands should not retain PII for longer than necessary to fulfill the specified purposes or to otherwise meet legal requirements.
  • Brands should employ relevant and reasonable measures to protect PII.
  • Brands should be accountable for complying with these principles, by providing consumers with a readily accessible means to express concerns or complaints.

  “In the relationship between the advertiser and customer, sensitive information can be transmitted, whether financial or personal,” said Anthony DiResta, Partner at Winston & Strawn and WOMMA General Counsel. “It is the sensitivity of that information that creates concerns about privacy, and WOMMA believes that transparency and choice are at the heart of establishing and sustaining the meaningful connection between companies and their customers.”

  “Privacy is becoming an increasingly important topic for both brands and consumers,” said Paul M. Rand, President/CEO of Zocalo Group and WOMMA Past President. “The principles set forth in WOMMA’s Guidance are meant to educate our members and the industry as a whole on key privacy issues, and we look forward to continuing the discussion.”

  Resources

  • WOMMA’s Perspective on Privacy
  • Q&A with Anthony DiResta
  • WOMMA Ethics Code

  

  

   

• Trending: WOMM Ethics
  
  

  Pat McCarthy 9:30 am on December 12, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: Member Benefits (69), WOM Ethics

  Word of mouth marketing ethics don’t often make headlines, but they’re critical to the long-term success of the discipline. Help WOMMA develop and enforce our ethics code for WOMMA members by joining the Membership Ethics Advisory Panel (MEAP).

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  MEAP participation is only available to WOMMA members. To learn how to become a member, contact Jason Dent, WOMMA’s Director of Member Development, at JasonDent@WOMMA.org or 312-853-4400 x.201.

  

  

   

• Complaint to FTC Against Major Food and Beverage Company Concerning its Social Media Campaign Targeting Teens
  
  

  Pat McCarthy 9:07 am on November 7, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: FTC Guidelines (72), WOM Ethics

  

  By Anthony DiResta, WOMMA General Counsel & Partner at Winston Strawn

  Within the past few days, a Complaint was filed with the FTC concerning the social marketing by PepsiCo, that can be found here.

  The Complaint against PepsiCo makes three arguments:

  1. The campaigns are represented to be a contest, video game, or concert performance, rather than advertising for Doritos.  The company’s marketing efforts are “disguised” and accordingly deceptive.  Apparently, the argument is that the company’s not disclosing to teens the fact that the entertainment is advertising is deceptive under Section 5 under the FTC Act;

  2. The manner in which Frito-Lay collects and uses personal information violates Section 5, by (i) making representations that it will protect teens’ personal information and then acting inconsistently with that policy; and (ii) deceiving teens by collecting personal information without adequately disclosing the extent or purpose of that data collection; and

  3. The company’s use of personal information to generate Facebook and Twitter endorsements from teens playing its games violates the FTC Guides on Testimonials/Endorsements.

  The Complaint and Request for Investigation was written by the Institute of Public Representation.  It is noteworthy that this Institute was headed by David Vladeck, the current Director of the FTC’s Bureau of Consumer Protection, when he was a Professor at Georgetown before coming to the FTC.

  It will be interesting to see how the FTC reacts to such far-reaching arguments that, as a practical matter, apply to just about all ad campaigns by major brands.  Nonetheless, it highlights the interest of consumer groups to advertising and marketing on social media platforms.

  Read more about social media and word of mouth law at Tony’s WOMMA blog, DiResta-the-Law

  

  

   

• WOMMA Announces Annual Living Ethics Review Call for Comments
  
  

  Pat McCarthy 9:05 am on November 7, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: WOM Ethics

  WOMMA was founded in 2004 on defining best practices and ethical standards for the word of mouth marketing industry. WOMMA created the Living Ethics Project and is asking its members and the public to drive the conversation, look critically at current business practices, and recommend updates to the Ethics Code.

  Members input and guidance is extremely important to ensuring that WOMMA and our Ethics Code continue to be at the forefront of the industry. Members are asked to go to the Living Ethics Blog from November 7 - January 4, 2012 to submit comments, questions or concerns.

  Hot topics that will be worthy of discussion include but are not limited to:

  • Disclosure
  • Q&A Websites
  • Online Sweepstakes

  

  

   

• Gawker Gets a Paid Pitch
  
  

  Pat McCarthy 8:39 am on October 28, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: Blogs (42), FTC Guidelines (72), WOM Ethics

  Big online publications like Gawker, The Huffington Post, and Technorati employ writers – no surprise there. But since these sites draw quite a bit of traffic, they also are coveted places for brands to be. Enter the PR pitch.

  PR and journalism have had a long standing relationship that occasionally flirts with questionable ethics. The basic and stalwart rule is that pay-to-play arrangements don’t fly. Recently, Hamilton Nolan, a writer at Gawker, got pitched by a company called 43a to insert links into his articles. These links would lead to 43a’s supposed* clients.

  Hamilton, out of curiosity, engaged the 43a representative to understand more about how the company operated. He also published all the emails he received from 43a. Here’s the quick and dirty procedure:

  1. The writer links to a company’s website in an article.

  2. If the editor doesn’t cut the link, 43a pays the writer. In this case, they offered $175 per link.

  3. Everybody acts like nothing happened.

  This practice is misleading because at no point was disclosure mentioned. At WOMMA, one of our goals is to ensure clear and honest disclosure of brand relationships between bloggers and brands. Read more about our Ethics Code and other ethical resources.

  Read more about the 43a story at Gawker

  *A late update on the original post had responses from several of the companies named as clients that refuted 43a’s claim, which is why they weren’t named in this write-up.

  

  

   

• Point/Counterpoint: #Spon & The New Orleans Saints
  
  

  Pat McCarthy 10:22 am on October 26, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: WOM and Social Networks (683), WOM Ethics

  There has been a bit of debate around a recent campaign by the parent company of The Times-Picayune, a Louisiana newspaper, that contracted several New Orleans Saints players to tweet about the newly redesigned NOLA.com. The players included Football/Twitter heavy hitters like Drew Brees, Lance Moore, Tracy Porter, Pierre Thomas and Jonathan Vilma. Each were to send out one or two tweets each over a ten-day period from Oct. 17 to Oct. 27.

  The Point – Al Tompkins, senior faculty for broadcasting and online at The Poynter Institute

  “On its face, that is an obvious conflict of interest. The problem is you’re creating a dual relationship with the very people you’re covering.”

  The Counterpoint – Paul Rand, CEO of Zocalo Group & Immediate Past President of WOMMA

  “The public is beginning to recognize that if they see #paid, #spon, #sponsored or any number of those things that they know what it meant. Arguably, it’s not a whole lot different than seeing someone be a paid commercial spokesperson.”

  Read the full article at NOLA.com and comment below with your thoughts.

  Download WOMMA’s Guide to Disclosure in Social Media Marketing

  

  

   

• Is a Social Media Policy Enough?
  
  

  Pat McCarthy 10:10 am on October 3, 2011 | 4 Comments Permalink | Post Your Comment!
  Tags: WOM Ethics, Working in WOMM (89)

  Last month, a New York court ruled that a Buffalo-based nonprofit must reinstate five employees that were fired for posting some not so nice comments about a coworker on their personal Facebook pages.

  Sounds like the organization needed to have a social media policy in place, right? Turns out, they did have a policy that explicitly banned harassing coworkers, seemingly giving the supervisor grounds to fire the five employees. However, a New York judge saw things differently, finding that the Facebook posts were protected speech and aimed at improving work conditions.

  The organization had taken the critical step of developing a social media policy for its employees, yet still ran into serious issues. What more can companies do to prevent these things from happening?

  1. If you don’t have a social media policy yet, make one. (Learn how here.)
  2. Bring in an expert to train all employees.
  3. Put an escalation policy in place.
  4. Don’t be evil.

  Read more about the case at The Next Web.

  

  

   

• WOMMA Welcomes New MEAP Members
  
  

  Pat McCarthy 10:08 am on October 3, 2011 | 0 Comments Permalink | Post Your Comment!
  Tags: WOM Ethics

  WOMMA would like to welcome our newest members of the Membership Ethics Advisory Panel (MEAP), a group responsible for investigating complaints against WOMMA members and to help set ethical standards for the industry.

  See the list of members here.