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From puffery to penalties: a historical analysis of US masked marketing public policy concerns

From puffery to penalties: a historical analysis of US masked marketing public policy concerns Purpose – This article aims to examine the US history of practices that mask the marketing content of messages to consumers and of the public policy approaches taken towards such practices. Design/methodology/approach – This research examines both primary sources such as legal challenges and contemporary writings as well as secondary sources. Findings – The US legal/regulatory system has been examining practices that mask the marketing content of communications for over 125 years. Fully masked messages were initially regulated under postal service laws and publisher self‐regulatory codes. Partially masked messages, e.g. testimonials, were examined first by courts and later by regulatory and industry self‐regulatory agencies. These diverse sources of regulation led to diverse approaches and in part explain the modern preference for information disclosure over prohibiting the masking of marketing messages. Originality/value – Modern analysis of these practices ignores their history and the historical evolution of their regulation. This article not only reveals a rich regulatory history, but also suggests that modern policy should treat the broad array of masking practices consistently and correct current policy approaches that are based on historical development rather than modern public policy analysis and concerns. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Historical Research in Marketing Emerald Publishing

From puffery to penalties: a historical analysis of US masked marketing public policy concerns

Ross D. Petty
Journal of Historical Research in Marketing , Volume 5 (1): 17 – Jan 25, 2013
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Publisher
Emerald Publishing
Copyright
Copyright © 2013 Emerald Group Publishing Limited. All rights reserved.
ISSN
1755-750X
DOI
10.1108/17557501311293334
Publisher site
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Abstract

Purpose – This article aims to examine the US history of practices that mask the marketing content of messages to consumers and of the public policy approaches taken towards such practices. Design/methodology/approach – This research examines both primary sources such as legal challenges and contemporary writings as well as secondary sources. Findings – The US legal/regulatory system has been examining practices that mask the marketing content of communications for over 125 years. Fully masked messages were initially regulated under postal service laws and publisher self‐regulatory codes. Partially masked messages, e.g. testimonials, were examined first by courts and later by regulatory and industry self‐regulatory agencies. These diverse sources of regulation led to diverse approaches and in part explain the modern preference for information disclosure over prohibiting the masking of marketing messages. Originality/value – Modern analysis of these practices ignores their history and the historical evolution of their regulation. This article not only reveals a rich regulatory history, but also suggests that modern policy should treat the broad array of masking practices consistently and correct current policy approaches that are based on historical development rather than modern public policy analysis and concerns.

Journal

Journal of Historical Research in Marketing – Emerald Publishing

Published: Jan 25, 2013

Keywords: Testimonials; Reading notices; Misleading advertising; Advertising regulation; Covert marketing; Advertising history; Marketing history; Advertising control; United States of America

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