As a business, you have an obligation to ensure your advertising is not misleading.
Products and services need to live up to your marketing promise. When you create and advertise your brand you need to make sure what you are saying is true, deliverable and not misleading.
Sometimes the creatives behind your advertising campaigns create amazing pieces of work with connotations that are not accurate representations of the product. While reviewing their work it’s easy to get caught up with the ideas behind the ad, appreciating the artist’s concept and creativity. But as much as marketing and advertising are creative disciplines, they are not a blank canvas for artists to execute their creativity without boundaries.
The messages customers perceive in your creative execution can result in lawsuits. As a business, you have an obligation to ensure your advertising is not misleading.
Red Bull, for years, maintained their slogan ‘Red Bull gives you wings’. An innocent marketing message that was intended to portray the concept of the energy drink helping to take you higher and beyond your limits. Not many people would think that it actually gives you physical wings, but this very marketing message resulted in a $13m lawsuit. Why? because law is largely about the literal meaning and Red Bull does not literally give you wings.
Advertising agencies and the creatives you hire behind your ad are responsible for delivering brand concepts, market positions and ideas. But your job is to govern those ideas and not get lost in the art of the creative execution. Take the time to bring those concepts you love back into the office and ensure the marketing promise is true, not just creative. And have a legal advisor handy.