MKTG 4050: Misplaced Marketing & Consumers' Interests
  public policy & when what interests consumers is not in the consumers' interests
  discussion questions to accompany syllabus

Herbert Jack Rotfelddon't be a galah
Professor, Department of Marketing
Raymond J. Harbert College of Business
Auburn University
http://webhome.auburn.edu/~rotfehj
http://webhome.auburn.edu/~rotfehj/essays.html

These questions should be used to help you understand the reading assignments prior to class, indicating the planned directions for class discussion. The readings or class might not provide direct and concrete "answers" to some of these items simply because many of these questions do not have a single concrete answer. However, they are not intended to give a study guide for exams.

The Prime Direction (from the syllabus): All in-class discussions, test answers and homework assignments must be approached from perspective of business decision makers who are people working in organizations, people who are presumed to not be dishonest, bigoted, lazy or dumb.

There are a few topics of business criticisms and marketing practice that keep coming up during the term. The discussion areas addressed would deal with questions such as these:
Sustainability and Environment Protection {return to syllabus}
  1. What is the reason FTC's is concerned with "green" marketing?
  2. Applying the Prime Direction, why do business professionals fail to seek opportunities of climate change?
  3. What is the key marketing question for sustainability?
 
Pharmaceutical Marketing to Doctors {return to syllabus}
  1. How might certain "loopholes" be filled in the pharmaceutical industry regarding the prescribing of a drug that is designed to treat one illness to treat something else?
  2. When pharmaceutical sales representatives visit doctors, they used to leave behind various advertising specialties, promotional products such as pens, note pads or coffee mugs with the brand name written on it. Why do critics of pharmaceutical sales want the products banned?
  3. Only the U.S. and New Zealand currently allow marketing of prescription drugs directly to consumers. Does it encourage doctors to prescribe drugs that might not be needed or does it make for more informed consumers?
  4. Is there another way for pharmaceutical sales companies to market their drugs to doctors other than advertising and personal selling?

Healthy, Health Care & Weight Loss Marketing {return to syllabus}
  1. Are the problems associated with supplement sales solved by the labeling only having to read: "Not to be taken to treat or cure any disease only as a supplement to your daily diet"?
  2. For products such as cigarettes, alcohol or other items considered "unhealthy," there is the conflict of a legal product that won't be banned, so critics attack the marketing, while there are free speech rights for honest advertising. So is there a solution for companies or government?
  3. The advertising landscape is awash in advertising for weight loss products by both positive honest firms as well as companies that prey on gullible consumers, so what can those honest firms or government hope to do about it?
  4. What might be some future implications of the supplement industry not being regulated by the FDA?
  5. Who should be responsible for controlling advertising for alcohol companies? How should they control such as advertising? Whose responsibility is it to monitor children from watching TV and seeing these commercials?

Financial Services & Credit Card Marketing {return to syllabus}
  1. Are financial services today intentionally aiming to make it impossible for their customers to know what they are buying?
  2. Are credit card companies responsible for protecting college students from the dangers of credit?
  3. Is it socially irresponsible to issue credit cards to college students when you know both that current college students will have greater incomes in the future and that college students will use the cards irresponsibly?


I. What Interests Consumers and the Consumers' Interests
Topic 1. History of Consumers in the Marketplace {return to syllabus}  
  1. In each "wave" of consumer activism, the focus of "protection" was different, as to what drove the movements. What was being protected in the early 1900s? during the 1930s?
  2. What is the difference between protecting the customer and protecting competition? Or to put it another way, how is protecting competition consumer protection?
  3. Why would marketing people want there to be some regulation of corporate truth and marketing honesty?
  4. Why did government entities such as the FDA or the FTC come about and why were they supported by the businesses they were going to regulate?
  5. What were the books by Kallet & Schlink? Chase & Schlink? Upton Sinclair?
  6. Consider the soft drink or breakfast cereal industries: are these businesses really "competitive" in the 1900 sense?

Topic 2. The Modern Marketplace and Competition
{return to syllabus}
  1. What is the basic focus of the modern marketing perspective and what does it mean when it is "misplaced"?
  2. How is environment protection a consumer issue?
  3. Who was Rachel Carson? Ralph Nader?  (Yes, I know Nader is still alive, but our interest is on who he was from 1964-1980, not the perpetual presidential candidate you've seen in the 21st century.)
  4. What are SLAPP suits and how do they show problems of unequal marketplace power between companies and people?
  5. Long before she ran for Senate, Elizabeth Warren made a proposal for financial services regulation similar to that proposed by Chase & Schlink for consumer goods (in topic 1). How are they the same?
  6. How do power relationships between consumers and American businesses affect the flow of information to consumers?
  7. What are some intrinsic limitations for market forces, and marketing decisions, to make certain that companies best serve consumer interests?
  8. Are the downloads and supportive consumer responses for Dave Carroll's protest song against United Airlines evidence of the power of consumers with today's social media, or does it merely highlight a problem?

Topic 3. A Marketing Perspective on Consumer "Rights"
{return to syllabus}
  1. Why (and how) do companies that are dominant in a product category lose their marketing focus?
  2. The "St. Phineas" article suggests that it would be better for a car dealer to focus on honest selling? From the perspective of the dealership, is this necessarily true?
  3. Marketing stands out as the business practice most readily criticized for taking advantage of consumers, while public activists or government agencies often turn to marketing restrictions as the solutions to all sorts of modern problems. Why does marketing always get blamed? How does the basis for a marketing orientation (the theory behind it, not the perspective itself) help explain that the critics don't understand what marketing can or can't accomplish?
  4. What are the three reasons that marketing professionals can't claim that the marketing perspective of "satisfying consumer needs" means that marketing practice itself should considered ethical and moral?
  5. What does it mean when that a regulatory agency is "captured" by the regulated business and how does this relate to the times a business group lobby for industry wide regulations? What does the business stand to gain from increased regulation?
  6. First proposed by Elizabeth Warren in 2008, how is the Consumer Financial Protection Bureau an example of 1930s style consumer protection applied to a modern problem?
  7. What forces work against companies taking a societal marketing orientation instead of one that is focused on individual consumers?
  8. To a person outside a business context, such a government regulator or a consumer protection activist, many business decisions might seem to be an example of misfeasance or, at best, non-feasance. Why are these people willing to make these sorts of decisions even when they would not do similar actions in other parts of their life?
  9. Why are the "millions of downloads" of Dave Carroll's protest song, "United Breaks Guitars," is a misleading indicator of consumer power via the Internet (and it is not that people still fly United, since he eventually did get his redress when they finally said they'd pay for a new guitar).

II. Applications & Lost Opportunities of a Marketing Orientation
Topic 4. The "Lost" Marketing Perspective
{return to syllabus}
  1. Why and when can companies be successful when they follow a production orientation?
  2. Are there instances when a production orientation might serve consumers' interests?
  3. Think of examples of products which contain unnecessary features or don't have feature combinations that you intuitively think should be desirable. If it is so obvious to you, why do manufacturers do this?
  4. Not everyone traveling across the Auburn campus or going into buildings are young and totally fit, so stairs or heavy doors are a problem. And even for people without problems, doors and landscaping seem to ignore the paths that people walk. (a) think of some examples where the design of buildings and landscaping seems to ignore a basic marketing perspective, even in very newly built areas, and (b) explain why the users of the campus are ignored in landscape and building designs.
  5. Why do many electronic firms take an engineering-over-marketing mentality?
  6. What is the root cause of having a poorly trained service employees?
  7. What is "Relationship marketing" and does the gathering of information for this purpose necessarily lead to the desired results? 
  8. As a service department manager, is it possible to eliminate unhappy customers - not kill them, but make them happy?

Topic 5. Marketing Myths: The Case of Advertising {return to syllabus}
  1. From a pragmatic perspective of advertising professionals, what does the word "creative" mean?
  2. Why do sexy or funny or star studded or very entertaining advertising messages fail to do the marketing job?
  3. Why do so many advertising campaigns seem to focus on getting attention for the advertisement but not the advertising object?
  4. Advertising is often used as a way to counteract so-called "problem behaviors" (e.g. illegal drug use, road rage, date rape). Is advertising an effective way of fighting these behaviors?
  5. Why do so many public safety advertising campaigns that appeal to audience fears fail to persuade people to change behaviors?
  6. Explain the fault of this logic for the popular faith in social cause advertising as well as those that blame advertising for all purchasers of cigarettes or other criticized product: "Advertising must manipulate consumer choice or else companies would not spend all that money on it?"
  7. People like to blame advertisements for various problems or social ills. For example, to reduce cigarette consumption, cigarette company advertising and sales promotions are attacked. Advertising for high performance cars, trucks or motorcycles are blamed for reckless driving by young drivers. Does advertising really have this power, or maybe, there is something else that engenders the complaints?

Topic 6. Perspectives on Modern Government Regulation
{return to syllabus}
  1. How do the governmental agencies (such as FDA or FTC) succeed, and conversely, how do they fail to serve the consumers' interest?
  2. In terms of the consumers' interest, what is the difference between the FTC having to prove actual deception versus a potential or capacity to deceive?
  3. A syllabus states: "Students will learn more in this course than any other course in their major." If it was an advertising claim, what are the two conditions under which this statement would not be considered deceptive by any government regulations or competitor law suits?
  4. The readings describe a newspaper ad for a car offering two different sale options which (we assume) was to entice buyers, so why were advertised terms incomprehensible to people with advanced degrees in finance?
  5. The FTC is the primary body regulating marketing activities in many business areas and the Commissioners are considered experts on marketing. What is the basis for that expertise?
  6. Who are traditionally the types of people that make up our government's regulatory agencies? What point of view do these people bring to the job and how does that influence the regulations they compose?
  7. Restrictions on marketing practices are sometimes used as an effort to address the public demand for some product categories (e.g. cigarettes; alcoholic beverages; guns; prescription drugs). Is this an effective way of influencing generic demand products?What is the difference in Colorado that retail advertising could increase generic demand for marijuana?
  8. How do lawyers and government officials know that no consumer believes advertising puffery and that no one is ever deceived by it?

Topic 7. Risk, Consumers & Regulation: environment, chemicals & breasts
{return to syllabus}
  1. What is the general formula for risk and how would it be applied to breast implants?
  2. Name some of the basic problems with assessing an actual consumer risk?
  3. In communicating risk, why isn't it a straight forward issue of just telling the public the facts?
  4. Why are useless warnings put on product labels?
  5. In terms of the law, what is the difference in consumer protections between supplements and drugs?
  6. Why does the public's perception of risk from dangerous products (e.g. cigarettes, alcoholic beverages, guns, motorcycles or hang gliders) differ from that of experts?
  7. Why would marketing a "safer" cigarette not be a good idea for a cigarette company, in that how would it be harmful to the company to make such an effort?  
  8. In the case of supplements, what are their benefits and why do people buy them?  Do people know they are dangerous, but still buy them? 
  9. What role does the FDA have in the current market for dietary supplements?

III. When Serving Consumers' Needs Isn't What Consumers Need
Topic 8. Business Self-regulation
{return to syllabus}
  1. What U.S. laws limit the power of business self-regulation to influence practices of its members and thereby limits their power in protecting the consumers' interest?
  2. Given the limitation of #1, why did the Comics Code Authority have such an impact on the medium in the 1950s and 1960s?
  3. What historical fact prevents the distilled spirits self-regulatory group from claiming that their code kept all hard liquor advertising off television and radio from 1933-1996? What is the real reason why commercials for brands of distilled products (e.g. gin, vodka) not seen on any U.S. English-speaking broadcast television networks or large-market television stations prior to 1996?

  4. Why is the CBBB's NAD/NARB effective in controlling advertising deception and why don't they review complaints of offensive advertising?
  5. After the 2002 FTC Workshop on deceptive weight loss advertising claims, how did the Commission get the media vehicles to do more to block advertisers who wished to make those claims?
  6. Why were the critics of the racially offensive advertising that appeared in Jet magazine wrong to assert that such advertising would not happen if African-Americans (the publication's readers for over six decades) were involved advertising decision making?
  7. What historical fact prevents Distilled Spirits Council of the United States from claiming they kept brand advertising of distilled products (e.g. gin or vodka) off U.S. radio and TV vehicles from 1933-1996 and what was the real deterrence for the advertisers making greater use of broadcast media vehicles?
  8. After two decades advocating blanket deregulation of financial markets, stating that "self-regulation would eliminate the need for government oversight, Alan Greenspan went before Congress in 2008 to state surprise at the error of his expectations. (The deregulation he fought for was heavily blamed for causing big parts of meltdown that initiated the Great Recession.) Why didn't self-regulation take over and make government regulations unnecessary?

Topic 9. Marketing Abused
{return to syllabus}
In this topic, it would be easy to attribute problems to the dishonest motivations of the decision makers bent on seeing what they can get away with doing. And yet, that easy way out hides a deeper understanding of the context of decision making which leads to marketing being abused. Once you call them "evil" or otherwise label them as aberrations among managers, you lose the ability to see the trap you could easily fall into yourself in a similar context. So for discussion and answering the questions, you still should adhere to the Prime Direction.
  1. Discuss the difference between immoral and amoral decisions and what does it mean to say the marketplace is amoral?
  2. In what cases could marketing actually help to maximize profits but also cause a business to lose customers at the same time?
  3. For what reasons other than avoiding lawsuits or government actions do businesses consider being socially responsible important?
  4. Lyprinol and Cellasene were two 1990s new product brands in New Zealand and Italy, respectively, with a strong consumer interest in purchase. Why shouldn't they be sold?
  5. Harley Davidson defended itself from a personal injury law suit by admitting earlier advertising was possibly misleading, and Tropicana challenged a Minute Maid comparison ad by, in effect, claiming their own claims weren't quite true. (note: H-D's claim was literally true, just not true against the plaintiff's interpretation. The orange juice claim would be true only in certain times of the year by a technical message interpretation that would probably be beyond typical consumers' understanding.) Why did they do this and why did they still win their cases?
  6. Why do journalists and law makers consider it important that consumers can tell which parts of the content is news-editorial and what is advertising?
  7. When might marketing decisions maximize profits but also cause a business to lose customers at the same time, and how could this be the result of "ignorance"?

Topic 10. Marketing and Its Paranoid Critics
{return to syllabus}
  1. Why do people fear marketing tools, sometimes even more than the marketing of dangerous products? Even if marketing was clear and honest, would it still face critics?
  2. Clearly, the author of the article is not concerned that consumers are harmed by the emerging efforts of "stealth marketing" other than the native advertisers "buying" favorable news coverage. Why not?
  3. Why is the advertising of some legal products so controversial and why do the critics focus on marketing as the culprit? It could be said that the often-misunderstood distinction between generic and brand demand fuel the critics' fears - what does that mean?
  4. Controversial products are legal when purchased by responsible adults, so should concerns for protecting children be a valid basis to restrict products for adults?
  5. People cite a 1950s movie theater test of subliminal advertising that reported significant sales of Coke and popcorn. What does the popular memory of this test fail to include and why does fear of subliminal advertising in magazines, movies, or television programs require belief in the existence of a vast conspiracy of silence by the business community?

  6. Why is market segmentation criticized [or blamed] for the "destruction" of U.S. culture?

  7. What is the difference between the now-legal marijuana markets in Colorado or Alaska and the market for cigarettes such that marijuana sellers' marketing could increase generic demand even though brand marketing does not have that impact on U.S. cigarette sales? (Even though the marijuana sales are retail, they are still engaging in brand-oriented marketing by of the store or of it's special product versions.)

  8. What is the term used to describe the demographic groups when companies selling criticized products target women, African-Americans or Hispanics and why is it insulting to these people? [You have to state what is the word, what the term means, and then explain why it is an insult to use it as a general description of these people.]

  9. Why is important in laws and regulations of the mass media that consumers are able to discern the difference between content created or bought by a media vehicle and content that someone paid the vehicle for the time or space in which the message appears? Is that important for consumers in the twenty-first century?


Topic 11. When Customers Aren't Right {return to syllabus}
  1. Aside from the societal marketing orientation of an earlier topic, why (or when) should there be exceptions to seeing consumer needs as being the same as consumers' interests?
  2. Aside from political fund raising abuses, what are the potential problems marketing (or marketing research) being a driving force in political decisions?
  3. How is leadership lost when a political candidate uses a marketing strategy to gain an upper hand on their opponents? 
  4. Even in situations where negative political ads would swing the election for a candidate, why would this be undesirable?
  5. How can the misuse or abuse of marketing detract from the overall message and image of a product?
  6. It was pointed out early in the semester that consumer activist or business critics often are not a company's consumers. Does responding to critics sometimes send a business' marketing strategy or the plans of a regulatory agency in the "wrong" directions?
  7. How did the experience in New Zealand with school choice, allowing parents to choose which school their children attend, hurt education as a whole?
  8. Some say that students should be treated as the customers of their colleges. What problems might this "misplaced" relationship cause?
  9. The miniscule difference article presents a problem for the advertising manager even though they found a way for the desired advertising slogan to be true. The message communicated product quality needs and the current customers would still get their familiar soda flavor, so what was her problem?

  10. What check in the marketplace should prevent direct-to-consumer pharmaceutical advertising from leading to consumers' drug misuse, and with this check in place, why would more information in patients' hands be undesirable?


IV. Other Applications of a Marketing Perspective
 Topic 12. Segmentation, Communications & News Management
{return to syllabus}
  1. What should be the difference between publicity and public relations and why does this lead to bad PR decisions?
  2. Why are efforts at PR driven "press management" doomed to fail?
  3. Why are "do not call lists" a service to honest telemarketing companies and why would direct mail companies welcome a similar anti-junk mail regulation?
  4. Why is it a bad idea for a company to try to match the marketing managers with the demographic profile of their target markets? [remember the Prime Direction]
  5. Why can the modern targeted agencies be considered as the advertising business' version of the Negro Leagues that were found in baseball pre-Jackie Robinson in that they work against the greater diversity of full service agencies?

Topic 13. Managerial Ethnocentrism {return to syllabus}
  1. Why is the Lowder Hall IT office wonderful while the campus' central service falls short? [Do not reference email, that tale is archaic, but what was generally true of these offices from a marketing perspective in 2002 is still true today.]
  2. After the deadly tornadoes in Illinois last Fall, lives were saved from storm warnings, but others didn't seem to hear them. For the latter group, why not?
  3. Why are people who might be unable to move fast more likely to be endangered by work vehicles going in reverse?
  4. From the tale of people who lived in central Pennsylvania, why might they answer the local census worker at the door and why does this matter for the rest of the state, or maybe the nation?
  5. Why do people sometimes return their randomly-generated automobile license tags?