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Encyclopedia of Marketing. What is the most effective advertising for small businesses? About material information

When conducting an advertising campaign and advertising your goods or services, be sure to take into account the legal requirements for advertising. Whether you are using third-party specialists or in-house advertisers developing an advertising product, problems can arise if you ignore the law. Consider how to make advertising not only high-quality and effective, but also safe from a legal point of view.

Advertising legislation contains both universal requirements for advertising, regardless of its type, form, method of distribution, and. The general requirements that any advertisement must comply with are formulated in Art. 5 of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising” (hereinafter referred to as the Law). This rule states that advertising must be fair and truthful and that dishonest and misleading advertising is not permitted.

False advertising

1) contains incorrect comparisons of the advertised product with goods in circulation that are produced by other manufacturers or sold by other sellers (clause 1, part 2, article 5 of the Law).

Example 1

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Comparison indicating the advantages of the advertised object does not have to be expressed in relation to a particular product on the market. It can also be applied to cases where advertising uses comparison with goods on the market, without mentioning a specific manufacturer or seller.

Example 2

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Few people now dare to directly call a competitor's product/work/service "bad" or speak badly about it in advertising messages. However, advertisers do not stop trying to convey such information to advertising consumers using Aesopian language, images, and techniques that should evoke the necessary associations in advertising consumers. But here it should be borne in mind that if some images, associations arise in the minds of an advertising producer, advertiser and consumer of advertising, then the same images, associations will arise in competitors, representatives of antimonopoly authorities and judges.

Example 3

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Advertising often contains incorrect comparisons, in which an ordinary product is completely unreasonably called “No. 1” (without specifying a specific criterion), “most chosen brand”, “unique”, “best”, “rare”, “outstanding”, “extraordinary” etc., and competitors' products are called "ordinary", "ordinary", not possessing certain properties, etc.

Example 4

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Example 5

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4) is an act of unfair competition in accordance with the antimonopoly legislation (clause 4, part 2, article 5 of the Law).
In this case, the legislation on advertising overlaps with the legislation on the protection of competition, the enforcement of which is also entrusted to the antimonopoly authorities. Moreover, sometimes widespread messages about a company, product, work, service are not advertising from the point of view of the Law on Advertising. In such cases, cases of violation of the law on advertising should not be initiated. But if the distribution of such messages violates competition law, the violator may incur much more severe penalties.

False advertising

1) about the advantages of the advertised product over the goods in circulation, which are produced by other manufacturers or sold by other sellers (clause 1, part 3, article 5 of the Law).
There is also a warning about the dangers of excessive self-praise (for example, indicating that an ordinary product is an “innovative discovery” or that an unremarkable store is “the largest” and it has “the best choice”) and belittling the merit of competitors and their goods.
Not so long ago, a well-known publishing house was brought to administrative responsibility, in one of the newspapers of which an advertising slogan appeared "THE ONLY REAL NEWSPAPER FOR OWNERS OF HOUSES, GARDENS AND GARDENS." The antimonopolists considered that this slogan presented a hidden comparison and advantage compared to the goods of other manufacturers and sellers. The advertiser could not prove the validity of the statement with documents.
In another case, the firm that advertised its furniture showroom also failed to prove that it sells furniture from "the best Italian manufacturers" and "at the lowest wholesale prices." From the written explanations submitted to the antimonopoly service, it only followed that the company is the only organization engaged in wholesale sales of the products of the Italian factory "S" in Russia.
Some bewilderment causes advertising, replicated by a specialized law firm on the Internet (including on its own website). The company described itself as "the only company in Russia that specializes in corporate collection." True, the lawyers did not provide sufficient evidence of their “uniqueness”. On the other hand, the anti-monopolists probably found out that there are other legal entities engaged in “corporate collection” on the territory of our country. The advertisement was found to be inappropriate. The company received an order to eliminate the violation.
2) any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions for the use of the product, its place of origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of the goods (clause 2, part 3, article 5 of the Law).
Competitors and ordinary people (as consumers of advertising) increasingly began to file complaints, statements to authorized bodies and courts, pointing out the dishonest behavior of an advertiser, the unreliability of advertising messages. In recent years, the number of such applications has increased significantly.

Example 6

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3) on the range and configuration of goods, as well as on the possibility of their purchase in a certain place or within a certain period (clause 3 of part 3 of article 5 of the Law), on the cost or price of goods, the procedure for paying for them, the amount of discounts, tariffs and other conditions for the purchase of goods (clause 4).
Persuasion is the meaning of advertising, because it affects the motivation of the consumer when choosing a product and encourages people to take certain actions in relation to the object of advertising.
When advertising, for example, a car dealership “always all models” or in an advertisement for a plumbing store sale “50% off everything for a month”, advertisers should take into account that the competent authorities and courts will take the advertisement literally (as well as consumers). If such advertising claims are not true, advertisers should be prepared for trouble and scrutiny. For example, a visitor to a plumbing store who finds out that the “50 percent discount on everything” does not apply to the bathroom faucet he needs can apply to the antimonopoly service. This claim must be verified. If the information provided in the complaint is confirmed, a case is initiated on violation of the legislation on advertising and / or on an administrative offense.
The popular advertising claim "wholesale prices" often does not justify itself, as a result, advertising is recognized as unreliable. Moreover, the domestic legislation does not contain the very concept of “wholesale price”, but antimonopolists and courts proceed from the established traditional understanding of people of “wholesale prices” as the prices at which transactions are made in the wholesale market.
The antimonopoly authorities receive information about violations from various sources: from the results of inspections of complaints from consumers, competitors, from media materials, from authorized bodies.

Example 7

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4) on the terms of delivery, exchange, repair and maintenance of the goods, on the warranty obligations of the manufacturer or seller of the goods (subclauses 5, 6, part 3, article 5 of the Law).
Advertisers often wishful thinking and the particular for the general.

Example 8

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5) on exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of goods (clause 7, part 3, article 5 of the Law).
The most common violation is the placement in advertising of other people's registered trademarks of well-known manufacturers without the consent of the copyright holders. For example, a car dealership in outdoor advertising places the trademarks "Chevrolet", "Ford", "Nissan", "Hyundai", "Mazda", "Opel", "Renault", "Toyota", "Chery", "Mitsubishi", " GAZ”, “Lada”, etc. But in order for such an advertisement to be legitimate, the owner of the car dealership must have documents giving the right to use other people's trademarks in their advertising (for example, that the company that owns the car dealership is the official dealer of the car brands indicated in the advertisement) .
Such violations are allowed not only by car dealerships, sellers of household appliances and other intermediaries. There are other popular titles that advertisers might slip on. So, medical clinics and cosmetics sellers use the name "Botox" in place and out of place. We have already looked at an example of what the comparison of this popular product with cosmetic gel led to. Let's analyze one more case.

Example 9

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6) on the rights to use official state symbols (flags, emblems, anthems) and symbols of international organizations (clause 8, part 3, article 5 of the Law); about official or public recognition, about receiving medals, prizes, diplomas or other awards (clause 9).
These bans have been in effect for a long time, but not everyone knows them. Advertisers, in an effort to add value to themselves or their products, place coats of arms or flags on their products or in outdoor advertising without permission. Some place in the advertisement indications that the advertiser or his product, service, work received a certain medal (in graphic advertising even gold and silver circles depicting medals are drawn), a diploma, another award from a non-existent organization.
Those advertisers who illegally stocked up on a fake piece of paper that their completely ordinary product or service is somehow unique and unique, received an award or recognition, should think a hundred times before including this information in their advertising. It is possible that the information will be cross-checked in different sources. And if the real state of affairs is revealed, responsibility and a public scandal cannot be avoided.
7) on the recommendations of individuals or legal entities regarding the object of advertising or on its approval by individuals or legal entities (clause 10, part 3, article 5 of the Law).
The textbook example was when a shocking and very popular politician applied to the antimonopoly department for the protection of his rights. Shortly before that, he attended an event during which a presentation of vodka took place. The politician, having tasted the offered drink, exclaimed: “Oh, good!” Very quickly, these shots ended up in a commercial. The antimonopoly department brought the unlucky vodka producer to justice. Naturally, after that he was forced to withdraw advertising.
8) on the results of research and testing (clause 11, part 3, article 5 of the Law). "Favorite" article of manufacturers and sellers of dietary supplements.

Example 10

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9) on granting additional rights or benefits to the purchaser of the advertised product (clause 12, part 3, article 5 of the Law);
10) on the actual amount of demand for the advertised or other goods (clause 13, part 3, article 5 of the Law), on the volume of production or sale of the advertised or other goods (clause 14);
11) on the rules and terms of holding an incentive lottery, contest, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as on the source of information about such an event (clause 15, part 3, article 5 of the Law).
Also note Art. 9 of the Advertising Law. The norm provides that in an advertisement announcing a stimulating lottery, contest, game or other similar event, the condition for participation in which is the purchase of a certain product (stimulating event), the following must be indicated: the timing of such an event, the source of information about the organizer of such an event, about the rules of its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them. Consider a typical example of unsuccessful promotional event advertising, when the advertiser was fined 50,000 rubles for advertising free beer.

Example 11

12) on the rules and terms of risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets (clause 16, part 3, article 5 of the Law);
13) on the source of information subject to disclosure in accordance with federal laws (clause 17, part 3, article 5 of the Law);
14) about the place where, before concluding a contract for the provision of services, interested parties can get acquainted with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation (clause 18, part 3, article 5 of the Law) ;
15) about the person obligated by the security (clause 19, part 3, article 5 of the Law);
16) about the manufacturer or the seller of the advertised product (clause 20, part 3, article 5 of the Law).
The principles of good faith and reliability are perceived by a number of Russian businessmen as somewhat abstract and optional.

Example 12

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Violations of the norm under consideration are of various kinds. So, if a certain legal entity has separate divisions (branches, representative offices), subsidiaries throughout the Russian Federation, it can be difficult not to draw the attention of future clients to this and not to add the word “all-Russian”, “Russian”, “federal” to the name of the commercial structure etc. But as soon as you have such a desire, we recommend that you refer to the text of the Decree of the Government of the Russian Federation of December 7, 1996 No. 1463 “On the use of the names “Russia”, “Russian Federation” in the names of organizations. According to the document, in the names of the names "Russia", "Russian Federation", the word "federal" and the words and phrases formed on their basis are used in accordance with the acts of the President and the Government of the country.

Example 13

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There are not as many cases like this as there were in the 1990s. Such a large real estate agency with significant resources could order an examination of an advertisement and take measures to eliminate the violation even before it was broadcast. Here, the mistakes of managers are obvious, as are the shortcomings of those managers who do not check or remove themselves from control over the preparation and implementation of advertising programs.

Illegal Advertising

The issue of calling for unlawful actions is rather subjective. For example, from the point of view of the legislator, crossing the road at a red light, escaping from prison, stealing a car or even stealing a chocolate bar can be regarded as a call for such actions ... But in practice, such cases of violation of advertising laws, if they occur, are rare, unlike from cases related to violation of the prohibition of incitement to violence and cruelty.

Example 14

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Advertising must not resemble road signs or otherwise endanger the traffic safety of road, rail, water or air transport (clause 3, part 4, article 5 of the Law on Advertising).

Advertising "burdocks"

In accordance with the requirements of the legislator, advertising should not form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

Example 15

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Invalid ads

1) the use of foreign words and expressions that can lead to a distortion of the meaning of information (clause 1, part 5, article 5 of the Law on Advertising).
So, in the above tough advertisement for a nightclub, the terms in a foreign language were used: "Kill Barbie" and "VIPRESERVE". This was also regarded by the antimonopolists as a violation of the law. After all, according to part 11 of Art. 5 of the Law on Advertising in the production, placement and distribution of advertising, the requirements of the legislation of the Russian Federation, including the requirements of the legislation on the state language of the Russian Federation, must be observed. In accordance with Part 1 of Art. 3 of the Federal Law "On the state language of the Russian Federation" the state language of the Russian Federation is subject to mandatory use in advertising.
According to part 2 of Art. 3 of the Federal Law "On the state language of the Russian Federation" in cases of use in the areas specified in part 1 of the article, along with the state language of the Russian Federation of the state language of the republic that is part of it, other languages \u200b\u200bof the peoples of Russia or a foreign language, texts in Russian and in the state the language of the Republic of the Russian Federation, other languages of the peoples of Russia or a foreign language, unless otherwise established by the legislation of the Russian Federation, must be identical in content and technical design. In addition, such texts must be legible, audio information (including in audio and audiovisual materials, television and radio programs) in Russian and the specified information in the state language of the republic that is part of the Russian Federation, other languages of the peoples of Russia or a foreign language , unless otherwise provided by the legislation of the Russian Federation, must also be identical in content, sound and transmission methods.
In the outdoor advertising of the nightclub, placed using the terms in a foreign language "Kill Barbie", "VIP-RESERVE", there was no text in Russian, identical in content and technical design. This distorted the meaning of information about the advertised product for advertising consumers who do not speak a foreign language.
One more example. A tanning studio in the center of Moscow was advertised in a foreign language using the terms "NEW", "BLACK & WHITE". At the same time, the advertisement did not contain text in Russian, which was identical in content and technical design. The anti-monopolists indicated in the decision that as a result, the meaning of information about the advertised product was distorted for advertising consumers who do not speak foreign languages. The advertiser was sentenced to an administrative penalty in the form of a fine of 40,000 rubles. By the way, the signal about this violation came from an inhabitant who was not a client of a tanning studio, but accidentally saw this advertisement.
In another case, 40 thousand rubles. fined a Moscow firm for improper advertising in the St. Petersburg metro. The advertisement contained phrases in English: "Design is the power", "be cool", "be emotional", "be sweet", "be summer", "be sun", "be colorful", "be fun" without translation into Russian.
2) an indication that the object of advertising is approved by public authorities or local governments or their officials (part 2, clause 5, article 5 of the Law on Advertising).
This rule appeared in the law not by chance. The authority of power in Russia has always been great. A significant part of Russians still trusts and listens to the statements and assurances of those in power, perceiving their words as a guide to action. Even today, some of our fellow citizens consider all the media to be official print media, although in reality this has not been the case for a long time.
3) demonstration of the processes of smoking and consumption of alcoholic products, as well as beer and drinks made on its basis (part 3, paragraph 5, article 5 of the Law on Advertising).
Antimonopoly officers can initiate a case in connection with the use, for example, of an image of a smoking person in an advertisement for a cafe or an image of a person sitting at the bar against the background of bottles of various alcoholic beverages and holding a glass of cognac in his hand, especially if there is an ashtray with a smoldering cigar near the man.
4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertisements placed in printed publications intended for medical and pharmaceutical workers (part 4, clause 5, article 5 of the Law on Advertising).
The image of a person in a white coat can be used in advertising medical services (for example, a doctor can talk about a particular treatment method in a medical clinic whose services are advertised), personal hygiene products (toothpaste, soap, shampoo, etc.). But you can not use the image of a man in a white coat, who will recommend to patients to purchase some kind of "medical and health" product, service. You can not indicate in advertising the medicinal properties of the object of advertising.
The ban on the use of advertising images of medical and pharmaceutical workers also appeared not by chance. Trust in doctors is still high in our society.
5) an indication that the advertised product was produced using human embryonic tissues (Part 5, Clause 5, Article 5 of the Law on Advertising);
6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, the object of advertising, with the exception of such an indication in the advertisement of medicines, medical services, including methods of treatment, medical devices and medical equipment (part 6, clause 5, article .5 of the Law on Advertising).
This rule is more often applied to distributors of various "BADosts". Unscrupulous manufacturers and sellers traditionally try to pass off dubious dietary supplements as medicines. To do this, advertising indicates some unique healing properties of the additive and generous promises are made to those who suffer from healing from many dangerous diseases. By the way, paragraph 1 of part 1 of Art. 25 of the Law on Advertising, since advertising of a dietary supplement (food supplement) gives consumers the impression that dietary supplement is a drug and has medicinal properties.
We also note that additives are registered with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare precisely as a biologically active food supplement - an additional source of certain substances, vitamins. At the same time, any dietary supplement, as a rule, also has contraindications (individual intolerance to the components, certain diseases, etc.), so a doctor's consultation is necessary before using it. Advertisers, as a rule, are delicately silent about such contraindications.

cultural advertising

Part 6 Art. 5 of the Law on Advertising indicates that advertising is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, emblems, hymns), religious symbols, cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List.

The rule is often applied in practice in relation to advertising of goods and services "for adults". Recognizing advertising as inappropriate and contrary to the approaches adopted in the Russian Federation to the moral and ethical education of the younger generation, antimonopolists, among other things, refer, for example, to Art. 14 of the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation". Paragraph 1 of the article provides that public authorities take measures to protect the child from information, propaganda and agitation that are harmful to his health, moral and spiritual development. In order to ensure the health, physical, intellectual, moral, mental safety of children, the norms for the distribution of printed materials, audio and video products, and other products not recommended for use by a child in accordance with paragraph 1 of this article until they reach the age of 16 years (h .2).

Example 16

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About material information

According to part 7 of Art. 5 of the Law on Advertising, advertising is not allowed, in which there is no part of the essential information about the advertised product, about the conditions for its acquisition or use, if the meaning of the information is distorted and consumers of advertising are misled.

Example 17

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Other requirements

This requirement is often violated by sellers of Russian and foreign real estate.

Advertising of goods for which the rules for use, storage or transportation or regulations for use have been approved in accordance with the established procedure must not contain information that does not comply with such rules or regulations (part 8 of article 5 of the Law on Advertising).

It is not allowed to use in radio, television, video, audio and film products or in other products and distribute hidden advertising, that is, advertising that has an effect on their consciousness that is not realized by consumers of advertising, including such an effect through the use of special video inserts (double sound recording) and in other ways (Part 9, Article 5 of the Law on Advertising).

It is not allowed to place advertisements in textbooks intended for teaching children in programs of primary general and basic general education, school diaries, as well as in school notebooks (Part 10, Article 5 of the Law on Advertising).

According to the official position of the Antimonopoly Service, these provisions apply only to notebooks made in accordance with GOST 12063-89 "School notebooks", and do not apply to advertising placed on general notebooks and other notebooks with a volume of more than 24 sheets, regardless of their actual use in educational process.

When producing, placing and distributing advertisements, the requirements of the legislation of the Russian Federation, including the requirements of civil legislation, legislation on the state language of the Russian Federation, must be observed.

Do not measure by percentage

Despite the simplicity of the wording, it can be difficult even for professionals to figure out and come to a consensus on how this or that advertisement complies with the provisions of the law. The ambiguity and subjectivity of assessments by representatives of antimonopoly bodies and courts when considering cases of violation of the Law on Advertising and administrative cases leads to the formation of ambiguous law enforcement practice. In similar cases, diametrically opposed decisions are often made.

We are all consumers of advertising and most often do not suspect that we have become consumers of dishonest and unreliable advertising. For example, when television advertisements for cosmetics use the slogans: “95 percent of Russian women noted...”, we do not always think about who and where conducted such large-scale research? Indeed, based on the literal interpretation of the text of the advertisement, they should have polled the entire female part of the country, and even the entire planet, if the advertiser claims that his brand is chosen by "two-thirds of women around the world ...".

But since such a phenomenon as unfair and unreliable advertising has long been widespread, advertisers do not see a sin in depicting something like this in their advertising. The most cautious can conduct even a small study by hiring students or a specialized company for a mini-survey for little money, or they put a questionnaire in boxes with their goods, along the way promising to raffle prizes between individuals who take part in the survey. Despite such tricks, there are practically no cases in the practice of antimonopoly authorities and courts when advertisers manage to confirm statements like the above. Advertisers, as a rule, refer to certain questionnaires and opinion polls.

But such studies are subjective and cannot be considered by the antimonopoly authority as proper evidence in the case (although they may be taken into account when making a decision). Why this happens, consider the example of all the same cosmetic products. The same cosmetic products, for example, cream, contrary to advertising claims, have different effects on different people (different skin types, health status, age, region of residence, etc.). Anti-monopoly officials are well aware of this, but in an effort to insure themselves, they can additionally enlist the opinions of reputable state medical institutions and experts. General statements that are made in advertising must also be supported by data from clinical trials, in accordance with which certificates or certificates are obtained, i.e. be based on the opinions of qualified professionals and experts who specialize, for example, in the field of cosmetology. Recall that before the Registration Certificate or Certificate of Conformity is issued by the bodies of the Ministry of Health or, accordingly, Rospotrebnadzor, the applicant submits to these bodies the results of clinical and other tests.

Other questions inevitably arise for officials of the antimonopoly authority and judges: which women and what age were interviewed, whether all women used cosmetic products before the test and which ones, with what regularity and for how long they used the advertised cream, how many were interviewed - 100,000 or 10 people, and etc.? Usually the number of "interrogated" is insignificant and does not exceed 100 people. In some cases, “global studies” on the effectiveness of a cosmetic product or other product (for example, a biological food supplement (BAA) or a new “educational” toy) are in fact limited to oral surveys of 10-20 people (usually company employees, their children and household members).

If disputable situations arise, for example, the advertiser presents the results of studies of a private cosmetology or medical center, then the antimonopoly authorities apply to the state institutions of the Ministry of Health and Rospotrebnadzor to obtain expert opinions from the specialists of these organizations. It is the conclusions of the latter that usually play a decisive role in the fate of advertisers in cases of violation of advertising legislation and cases of administrative offenses.

Popular among advertisers are unsubstantiated allegations about an allegedly stable positive effect that the consumer of the advertised object will inevitably experience. For example, cosmetics, toothpaste, hair loss lotion, dietary supplements, medicines, etc.). Just in case, “conscientious” advertisers warn citizens that the effect occurs in 9 cases out of 10. The same consumers who did not experience a positive impact, for example, dietary supplements or periodontal remedies (despite strict adherence to the instructions for use), will remain console themselves with the fact that they did not hit the top nine.

Unlike consumers of advertising and goods, law enforcers are well aware of such tricks of advertisers. They know that in order to test the effectiveness of a baldness lotion that “reduces hair loss by 85 percent,” no one will scrupulously count the lost hair. But law enforcers have other ways of exposing a violation... Appropriate studies confirming advertising information, for example, about the effectiveness of a hair loss remedy, can be carried out by suitably qualified specialists. It is often enough for them to look at the recipe for the manufacture of the drug in order to draw the correct and scientifically based conclusions.

If an advertiser cares about his reputation, but at the same time claims that his toothpaste will get rid of all gum diseases in 99% of cases, he, if necessary, can provide some document that partially confirms the information given in the advertisement. For example, evidence that during a month of testing in one of the dental institutions of the Ministry of Health of Russia, patients who suffered from a mild form of a certain gum disease (stage) using the advertised toothpaste actually experienced an improvement in their health. Having received such evidence, the law enforcement officer will be obliged to pay attention to the fact that only patients suffering from a certain disease participated in the trials, and in a mild form, that they brushed their teeth several times a day and, most importantly, that these people were simultaneously taking treatment in a hospital (drugs, procedures prescribed by the doctor. Therefore, usually in such advertising in 99% of cases a violation of the law is established.

Tracing paper from the English “creative” (creative, creative) has been widely used in the last decade to refer to the process of creating some innovative, unconventional ideas and unusual, stereotype-breaking ways to solve certain problems. And, of course, very often the word "creative" is used in relation to advertising, ideas for promoting goods and services on the market.

Unfortunately, people who position themselves as "specialists in the field of advertising and PR" often do not pay enough attention to the study of the Law on Advertising and know about its requirements almost more than ordinary people. The lack of such interest is easy to explain. In most cases, the responsibility (including administrative and civil law) is borne by the advertiser, and not by the advertising agency (producer of advertising), which developed the concept of product promotion at the same time as the obscene slogan. It is also possible to avoid major troubles for employees of advertisers who, acting with the best of intentions, post untrue information on the official website of their employer.

Recall that Art. 14.3 of the Code of Administrative Offenses provides for liability for violation of advertising legislation. By virtue of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, a person is found guilty of committing an administrative offense if it is established that he had the opportunity to comply with the rules and norms, for the violation of which administrative responsibility is provided, but this person did not take all measures depending on him to comply with them. Thus, when considering an administrative case, authorized officials must always determine whether the violator had the opportunity to comply with the requirements of the Advertising Law and whether this violator took all measures depending on him.

By ordering an advertisement and determining its content, the future advertiser (legal entity or individual entrepreneur), as a rule, has the opportunity to comply with the requirements of the Law on Advertising. The fact is that it depends on the will of the officials of the advertising companies and on the entrepreneurs-advertisers themselves how much information will be placed in the advertisement, what kind of information it will be, how the advertisement is placed, etc. But, unfortunately, many advertisers are careless about the requirements of the law.

If the customer of advertising has doubts, he can resolve them by contacting specialists, conduct an additional check, order examinations. Even if in the future advertising is found to be inconsistent with the law, liability can be avoided by providing evidence (for example, previously obtained opinions of specialists and experts). But most importantly, you need to remember the following requirement of the Law on Advertising: “Advertising must be conscientious and reliable. False advertising and inaccurate advertising are not allowed.”

Footnotes

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Krylov Andrey Vladimirovich Consultant, Art. partner of Living Eyes Consulting
Efimov Roman Consultant "Living Eyes Consulting"

WHAT IS THIS ARTICLE ABOUT?

This series of articles is devoted to the promotion of dietary supplements and medicines at the point of sale. It's about how to make the buyer came to pharmacy, remembered, got interested And bought your drug. Articles are divided into four areas of work with outlets: merchandising, promotional materials in pharmacies, promotional events and work with staff of outlets. The article is preceded by an introduction, then a theoretical and practical story about each of the parts of a single complex of promotion on sales metas. In our article, speaking of points of sale, we mean pharmacies, because. about 2/3 of sales of dietary supplements on the market pass through them (excluding MLM).
The reader interested in the complex promotion of dietary supplements can also refer to our articles on the development of the dietary supplement market, on the analysis of promotion on it through mass communications, on planning an advertising campaign and creative strategies for promoting dietary supplements in advertising.

EPIGRAPH

Scene in a chain pharmacy:
Young woman (addressing the pharmacist): Hello, I would like to buy something fortifying ... well ... not very expensive?
Pharmacist: try vitamins!
Young woman: thanks, do you have anything natural?
Pharmacist: Look on that shelf, there are biologically active additives.
Young woman: Okay, thanks.
The woman approaches a large rack, on which there are boxes and jars of different sizes and colors. At random, he takes the first one he comes across, reads the text on the back of the package ... Puts it in its place, takes the next one, reads again ... With a confused look, he examines the products presented on the shelf. Her gaze quickly moves from the top shelf to the bottom. Then back to the top, sliding over the colorful labels. Suddenly, she stops the search, freezes for a moment and ... with a decisive step leaves the pharmacy, without buying anything.

INTRODUCTION. PLACE OF SALE AS A PLACE OF DOUBT

Have you ever witnessed such a scene or found yourself in a similar situation? Of course, this can happen not only in a pharmacy and not only when choosing dietary supplements. Similar scenes can be observed in food supermarkets and clothing stores. What happened? Why did our heroine refuse to make a purchase, although at the beginning of the described conversation she was full of determination? How can a dietary supplement manufacturer help her choose the most appropriate home-made product for her? Let's try to figure this out together. But for this we need to start with a little theory.
It is worth recalling that shopping in the store can be divided into three categories:

Clearly planned purchases- the buyer, before coming to the store, determined the product and brand that he intends to buy. The total time he spends in the store depends on how easy it is for him to find the right product. The fact that the buyer has determined the brand in advance may be due to the established loyalty to the brand, habit, advice from people he trusts. Figure 1 shows the main factors influencing the choice of dietary supplement brand by consumers. An example of planned purchases at a pharmacy can be the purchase of drugs on prescription or on the advice of a doctor, the repeated purchase of a previously taken drug.
Partially planned purchases- The customer knows what category of product he needs or what problem he needs to solve, but the process of choosing a particular brand continues until the purchase is made. At the same time, the time spent in the store increases, the choice in favor of a particular brand is made directly at the point of sale. An example of a failed partially planned purchase could be the scene described in the epigraph or the purchase of a cold medicine. As you understand, here we have a greater opportunity than in the first case to influence the behavior of the buyer.
impulse buying- Coming to the pharmacy, the buyer does not yet know about the future purchase and he does not need this category of goods. In this case, the need appears impulsively and the brand of the product is selected directly at the point of sale. There are more such purchases in the grocery supermarket, their share in the classic pharmacy is not so large. But the current trend in the development of the pharmacy market is the development towards pharmacy supermarkets and the offer to consumers not only of traditional pharmacy products, but of a large number of auxiliary products and related groups. (According to...) This is how related products are mainly bought, which are used in addition to the main ones (muesli bar or vitamins, vitamins or dietary supplements as an addition to the main medical drug). This also includes goods bought “just in case” (“you need to buy a thermometer to be in the house - suddenly it will come in handy”) or to replenish your home stock (“oh, you need to buy activated carbon, otherwise there is only one package left”). The main feature of impulse purchases is that the buyer realizes the need for the product (remembers, thinks, makes a decision) while being directly at the outlet.

According to various studies, the percentage of purchases that are decided in-store (the second and third categories of purchase types) is 60-70%.

Picture 1. The main factors influencing the choice of dietary supplement brand by consumers. ( Source: Business expert K).

Another fact that needs to be understood and taken into account when building a promotion on sales metas is that with the existing variety of products offered, it is very easy for a person to get lost in the flow of information about these products.
The human mind redirects the flow of information of the same type to the subconscious, from where information can return back to consciousness only with a strong or non-standard stimulus. This is what the essence of the mechanism of any event at the point of sale. To interest consciousness in something useful or interesting for a person and convince him to buy it. In order to reduce the load on consciousness and at the same time control the flow of incoming information, we try to limit the flow, act according to the rules we have tested in practice, try to create our own classification of the phenomena around us, which will help us in choosing the most correct solution.
An action unknown and unusual for us makes us additionally mobilize our consciousness, which requires certain efforts and energy costs, and if this “does not pay off”, then we leave the pharmacy upset. Therefore, getting into a situation where the incoming information is too heterogeneous, or, on the contrary, it is not enough to make decisions according to the patterns we are used to, a person often finds himself completely at a loss. In this case, there are two options:

try to understand the situation to the end, building new relationships and obtaining the missing information, and using your energy to find the right solution
or, saving their energy, retreat, abandoning the solution of the problem or looking for its solution elsewhere. It seems that the heroine of our scene from the epigraph chose the second path, refusing to make unjustified efforts in this situation.

Now imagine that such collisions occur with the human psyche at the moment of one of the most familiar actions for us - making a purchase. Can we help the buyer and simplify his selection process by offering him to choose and evaluate the product in a way that is easier and more pleasant for him to do it? Yes we can. Moreover, gratitude for such care will be the purchase of the products of the one who helped him in this. And this is interesting both for the outlet, as an increase in the customer's check and a benevolent attitude towards it, and for the manufacturer himself.
At the same time, when promoting products in a retail outlet, of course, one should not forget that choice to the consumer also help to make advertising and informational appeals, which he hears and sees before buying and which should be related to events at the point of sale. But this assistance is a topic for a separate discussion. In the same article, we will focus only on ways to help the buyer when choosing a product at the outlet itself.
These ones ways to help consumer in the order in which we will consider them:

Merchandising (assortment and display of goods) in retail outlets
Promotional materials in pharmacies (POSM)
Promotions in retail outlets
Work with sales personnel (its stimulation, training and development of loyalty to the manufacturer).

MERCHANDISING IS OUR NEW SELLER

There are a huge number of definitions of merchandising in the marketing literature, here is one of them:
Merchandising- a set of events held on the trading floor and aimed at the effective presentation and promotion of a particular product, brand, type or packaging (link)
In the context in which we will consider merchandising in this article, the following definition is more convenient for us:

Merchandising is a silent seller (not obscuring the product).

A bit of history. In ancient times, when people were forced to trade with other peoples without knowing their language, the art of presenting one's goods was especially in demand for successful trade. The heroine of our scene in the epigraph could be helped in her choice with the help of this “silent seller”, providing a convenient and understandable arrangement of goods on the shelves for her and thus replacing the living seller for her. In some stores, sales are now carried out only with the help of the universal language of "merchandising".
The most striking example here is the stores of the Swedish company IKEA, which build their sales around the world on the principles of merchandising. They sell a wide range of household goods (from kitchen utensils to furniture sets). Excellent sales are carried out only due to the skillful presentation of goods in huge trading floors, along which buyers move according to a certain plan. In addition, the cost of maintaining and training a huge number of sellers is significantly reduced, which allows you to maintain competitive prices for goods and develop business around the world.
It is worth noting that the skillful use of merchandising activities can be a cheaper way to convey information to the consumer than long-term education and training of sales and medical representatives. And the integration of merchandising activities with the promotion of drugs in the media gives a much greater return than using only the media. After all, if the product is not on the shelves or it is invisible there, then no advertising will help.
In the "merchandising" language, two sections can be distinguished, to the story of which we will now turn:

the best presentation of products at the point of sale
maintaining the product range in the outlet.

BEST PRODUCT PRESENTATION

Effective presentation of goods at the point of sale is the part of merchandising that directly affects the end customer.
The main objectives of the effective presentation of your product at the point of sale:

Put products and the widest range on the shelves
Highlight products among competitors on the shelf, to make it as visible and eye-catching as possible
Attract consumer attention to the product
Convey to buyers information about the benefits of the product
lighten for the buyer to search for his goods at the point of sale
Contribute in every possible way and help the buyer in the purchase of goods

When placing a product in a store (pharmacy), there are some generally accepted rules that are useful to follow in order to help the buyer easily find your product. Here are some of them:
Convenient and advantageous location. Products should be placed in those places and in the order in which they are used to seeing and looking for the buyer. This applies to both the placement of products on the shelves and their location on the trading floor. So, for example, when entering a pharmacy with a spacious trading floor, most customers tend to turn right and then move along the hall in a counterclockwise direction. This rule is actively used when planning retail premises in food supermarkets, most often the flow of buyers there is organized in this way - to the right and counterclockwise. This can be observed in most large supermarkets, and more recently in some chain pharmaceutical markets.
In self-service pharmacies, the Golden Triangle rule applies. According to this rule, the best place for placing a point of sale in the hall is a space in the form of a triangle, at the vertices of which are the entrance to the trading floor, the settlement area (cash desk) and the point of sale of the most popular goods in this outlet (in a pharmacy - this can be a rack with popular over-the-counter drugs). Just like the space at the entrance to the trading floor attracts less attention from buyers. This is due to the fact that, entering the outlet, the buyer needs time to slow down and stop. At this time, the buyer may simply not notice the goods located in the entrance area and see them only at the exit, when the main choice of purchases has already been made. The manufacturer should carefully monitor where his products are located in the pharmacy, because. even being in the wrong place can affect sales.
Familiar and logical location. Our eyes are used to perceiving information the way we read: from left to right and top to bottom. We are more accustomed to the fact that in these directions the characteristics of the product (for example, price or impact) decrease. We classify all products on display in the usual way for us, and this helps us quickly find the right product. It is precisely for this reason that products are often grouped into product groups according to their intended purpose (for example, all headache remedies are located in a separate group). The groups themselves and the goods within each group are arranged in such a way that some sign (price, dosage, therapeutic effect) decreases from left to right and from top to bottom. This order makes it easier for the buyer to find the right drug on the store shelves.
Maximum visibility. Products are more noticeable if they are represented by the so-called corporate block, when the entire product line has a similar packaging design, is balanced in terms of colors and package sizes. The products displayed by the block are easier for the buyer to notice and recognize among the products of competitors. In addition, the presence of the original "branded" design tells the buyer about the seriousness of the brand and improves confidence in it.
Common methods of attracting additional attention to the product are also a group display of several packages of one product (“duplication”), because the more space the product occupies on the shelf, the more noticeable it is.
Manufacturers often document the method of building and forming a corporate block in the form of product placement schemes - planograms. Many manufacturers develop and then successfully use a whole document that describes all the rules that should be followed when placing their products in a retail outlet, the so-called "merchandising-book". Such a document is intended for employees of the distribution network (distributors, sales and medical representatives) and retail outlets. According to our experience in the development and application of merchandising-books, they significantly streamline work with retail outlets and increase the efficiency of both merchandisers and sales and medical representatives.
To be near the leader, and the leader to be the best. When presenting a product, its environment plays a role. A product adjacent to a shelf with well-known and prestigious brands is perceived by the buyer as more preferable than a product surrounded by unknown brands. It is also important that the environment of the product matches the perception of its buyers, i.e. it is wrong to display goods of a low price segment among goods of the "premium" class.
Show product face. Naturally, the product must be placed "face" to the buyer, taking into account how the buyer can see it on the sales shelf or in the pharmacy window. The information on the packaging should be easy to read and not obscured by other packaging or price tags. It happens, for example, that in pharmacies with small shelves, the goods are more than half closed by their own price tag. Not all buyers may be as attentive as to find familiar packaging safely hidden behind a price tag.
Common sense in everything. It is important to understand that the application of the principles described above is highly dependent on the individual pharmacy. For example, pharmacies selling dietary supplements can be classified according to two criteria. According to the existing principles of organizing trade, they can be divided into over-the-counter pharmacies and self-service pharmacies (pharmaceutical markets with free access to goods). In turn, in each of these groups, one can single out pharmacies where dietary supplements are placed in a separate group and placed away from other drugs, and pharmacies where dietary supplements and medicines are located on the shelves together. These moments are taken into account when developing a merchandising-book, which prescribes the invariance and implementation of specific events in retail outlets.

A few examples. Let's see how the rules for effective display in retail outlets work with a few examples:
Traditionally, the display of goods in pharmacies is organized according to the principle of therapeutic effect (painkillers, antipyretics, for the treatment and prevention of certain diseases). Separately, dietary supplements are placed on the shelves. For example, all drugs for the prevention and treatment of prostatitis are located together on a separate shelf. Let's say that a certain drug for the prevention of this disease is located along with all dietary supplements. If the choice of the drug takes place directly at the point of sale, which we can influence to a greater extent, the buyer evaluates the drugs laid out in the corresponding group on the shelf - the group of drugs for the prevention and treatment of prostatitis (this is his “choice kit”). On a drug that has a similar effect, but located, as in our case, separately from its group, the buyer may simply not pay attention and not consider it when choosing. And if he doesn’t consider it when choosing, then he doesn’t buy .... What will the buyer pay attention to on the shelf in the first place?

In this case, it is necessary either to remind the buyer about the drug directly in the pharmacy (with the help of stimulating promotional materials and a noticeable display of products), or to place him in a group with drugs of a similar effect. Additionally, you can take the drug to a special corporate stand. Often the buyer may simply not think about the name of the manufacturer of the goods, but it is good to know his trademarks and look for them on the shelf. A typical example is the multinational company Proctor & Gamble. Buyers know most of its brands in each of the product categories (soaps, washing powders, cosmetics), and the corporate block is built exactly “by brand”, and not “by manufacturer”.

And here is another example from the "life" of a network self-service pharmacy:

(photo 1) (photo 2)

In your opinion, on which of the shelves in the two presented photos will it be easier for the buyer to find and select the product he needs? In what case will the buyer be more grateful to the manufacturer and pharmacy for the ease of choice, saved time and effort?
In the first photo, on the bottom shelf, the products are located according to their purpose (prevention of eye diseases). However, it can be seen that not all manufacturers use the possibility of using a branded corporate block. Even adjacent packages of similar products one manufacturer do not look like something whole and do not reinforce each other's positions. As they could when using the corporate block. From our experience in creating packages, for example, it can be noted that the related nature of the packages provides better recognition and facilitates the promotion of not only the entire range of the brand, but also all the manufacturer's drugs in general. With a properly designed and similar style of product packaging from one manufacturer, its sales and promotion potential are greater.
In the second photo, the corporate vitamin box on the top shelf gets more attention than the product on the middle shelf. And the point here is not only in duplication, but also in the thoughtful unified design of the packaging of the entire series and the arrangement of the line on the shelf in the order in which it will be convenient for the buyer to navigate it. We are well aware that placement on the shelves of pharmacies now also has a financial side - in many pharmacy chains, placing goods on the shelf costs money. However, the packaging is entirely under the responsibility of the manufacturer, and optimizing the layout according to the rules of merchandising can significantly increase sales efficiency.
In order to achieve the goals of correct presentation in retail outlets, the following activities can be proposed in this case:

Development of corporate display standards for a product line, taking into account the characteristics of various types of outlets and the general principles of display applied in them (designing planograms for product placement and formulating display rules). This also includes the display of goods during various promotions.
Ensuring the display of products in retail outlets in accordance with accepted standards, prescribed in the merchandising-book.
Development of well-readable and recognizable packaging for a given manufacturer.

MAINTENANCE OF THE RANGE

From the display of goods on the shelf, let's move on to the basic rules for working with the assortment. If we talk about the tasks of maintaining the assortment at the outlet, then they are as follows:

optimal assortment for a given outlet (pharmacy)
constant availability of goods on the shelves
optimal stock of goods at a point of sale (pharmacy)
no expired product.

Relevance to place and time. What is appropriate in one situation may seem strange in another - this is the meaning of the first rule, the rule of "optimal assortment". The assortment presented at the point of sale should be selected taking into account the characteristics of demand in it. The manufacturer of dietary supplements should also proceed from this when choosing priorities for working with outlets. In a pharmacy located in a sanatorium for the treatment and prevention of diseases of the nervous system, funds for the prevention of baldness are unlikely to be in great demand. In the event that shelf space is limited, it is better to present well the assortment that will really be in demand by buyers here than to clutter up the shelves with everything that is on the manufacturer's or distributor's price list.
The product must always be on the counter. It happens that the goods available at the outlet in the warehouse may disappear for a couple of days from the counter. How? They just didn’t put it on display or didn’t prepare the price tag on time. The range is large - you can not keep track of everything. Of course, in many pharmacies, with the introduction of computer accounting, this problem has ceased to be so relevant. But as long as a person is sitting at the computer, the possibility of such a situation is not excluded. It is foolish to hope that the buyer will ask the seller about the availability of the product of interest to him when he does not find it on the shelf.
All items must be shown. The buyer is inert in his actions, and getting to the checkout window and asking the seller about the product of interest turns out to be an impossible task for him. Not finding the right product on the shelf, the buyer will simply buy a similar product, but from a different manufacturer. As a result, the time of absence of goods on the shelf and not laying out the entire range is lost revenue for the pharmacy and lost profit for the manufacturer. The second rule helps to prevent this situation, which says that all goods available at the outlet must be presented to the buyer for review, presented on the shelves. What is the point of a product lying in a warehouse that the consumer does not see and cannot buy. Hence, the trading floor should be as large as possible, and the warehouse as small as possible.
Keep only as much as you need. The next two tasks: optimal stock in the warehouse and control of shelf life can be considered together. Their decision lies in the relationship between the supplier and the outlet. The optimal stock at the point of sale is the stock that under no circumstances allows the product to run out before the next batch arrives. Its value is calculated based on the history of sales of goods, seasonal jumps in sales, the existing frequency of deliveries. To take into account these factors, coefficients are used to predict the optimal inventory (for example, methods of ABC - analysis, XYZ - analysis link).
Properly store. Product expiration control is to sell the product with the least remaining expiration date first. In American trading practice, there is even a stable abbreviation for defining this rule, which can be translated into Russian as follows: “First in - first out” (FIFO: First In - First Out !!!). Indeed, the product from later batches is often located on the warehouse rack at its front edge, blocking a similar product from earlier batches, and this is not correct. As a result, by the time of the inventory and the discovery of the product standing in the far corner, its expiration date may already be over. It is necessary to monitor the expiration dates of perishable goods in each batch and establish critical deadlines for their implementation.
It is worth recalling that now there are automated inventory accounting and supply planning systems that allow you to solve issues of optimization and inventory management without spending a lot of time and human resources.

HOW TO GET THE MULTIPLE TO SPEAK?

From our experience we can summarize the following: in the application of merchandising tools, it is very important not only to develop rules for product placement and assortment optimization, but also to put them into practice. Each outlet, each pharmacy has a number of its own unique features that cannot always be taken into account in the instructions and rules of the same necessary merchandising-book, therefore, in this case, the task of paramount importance is the qualified organization and execution of the described events.
Apply in practice all established rules, taking into account these features, can only be trained professional merchandisers or sales agents. In addition, an important part of the daily work of a merchandiser is communication with sellers and store administration during merchandising events. Sometimes these communications become a very important link in the implementation of brand merchandising in a pharmacy. It is not enough for the manufacturer to think over how to present his product on the shelves in a winning way; he also needs to convince the staff and management of the point of sale that such a presentation is beneficial for them as well. In addition, it is necessary to integrate promotion efforts along the entire vertical of the commodity distribution network using an intermediate link of dealers and sales representatives. And this is a task that only trained professional organizers and performers of the merchandising process can handle.

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The role of a competent advertising strategy

In the early stages of development, a novice entrepreneur faces serious difficulties. Until the target audience and suppliers know nothing about goods and services, the company is perceived with caution and distrust.

An important impetus for the further development of small businesses is the creation of a good business reputation, which will help to declare the following qualities of the company:

reliability;
solvency;
responsibility.

An indispensable assistant in the formation of reputation -. It will help create a positive image of the company, emphasize the advantages, form a loyal attitude towards goods and services, and outline the advantages over competitors' products.

Advertising helps small businesses to attract the attention of potential customers to the products sold, to announce the appearance of new products on the market. It performs two important functions: it informs about the benefits and features of the product, it allows, and with them the revenue.

A small business should not give up advertising due to lack of free funds. Modern marketing offers tools and methods that give a significant effect at minimal cost.

Effective promotion is not a spontaneous action directed nowhere. He has a clear goal, an audience,. To make advertising work for you, and not become a waste of money, use five key points:

Problem

This is what draws attention to the appeal, allows you to "grope" the target audience. Often, the public is more quickly attracted to questions with a negative sound. So, the inscription "Tired of constant stress?" will allow you to "select" people who are interested in the product.

Ways to solve the problem

When you have captured the attention of potential customers, offer them a way out of this situation. For example, spa treatments will help to cope with stress, completely relax.

Uniqueness of the offer

Tell the target audience what is the "highlight" of the product or service, why you should choose the promoted product. At this point, it is recommended to give free rein to imagination.

Restrictions

People tend to put off making important decisions. To overcome procrastination, let the consumer know that there is no time to think. Please indicate that the offer is valid for a limited period.

Call to action

Clearly indicate to potential consumers how to take advantage of the offer: call the phone number indicated in the ad, book a time for a spa treatment on the site.

Features of small business advertising campaigns

A key feature of promotion for small businesses is a shift in emphasis from the company itself to the uniqueness of the product offered. An entrepreneur who owns a small grocery store cannot compete with the giants of the international scale - Coca-Cola, Adidas and others. Its task is not to increase brand awareness, but to increase sales.

Juicy slogans, memorable logos are bad helpers in increasing the profitability of a small company. The purpose of advertising is to tell consumers about specific offers of goods and services, attract new customers, and retain old ones.

The answer to the question of how to make effective advertising for a small company lies in the rejection of common words and lengthy formulations: “cheap”, “many”, “most”, etc. The "abstract" approach worked 15-20 years ago, but today it is useless. No one will go to a store that offers "the cheapest sofas in the city," but an outlet that sells a sofa for 10,000 rubles will certainly attract visitors.

Expert opinion - Advertising in the banking sector

Marina Arishchenko, Head of Transactional Business Development, Moscow Credit Bank

Under the influence of the development of digital technologies, the advertising market has undergone fundamental changes. Today, most companies get a tangible effect not from traditional channels in the classical model, such as television, advertising, radio, outdoor advertising, but from the use of incentive promotions and cross-promotions built on the issuance of coupons for payment. This direction is the most progressive.

Also, the direction of creating ecosystems and marketplaces that change the idea of the banking services market has become widespread. The development towards affiliate programs based on the placement of affiliate offers on the bank's terminal network is the most effective and not only provides incoming traffic to the partner's website, sales growth, growth of presence in the media field, but also dynamic development in various areas.

Specific methods to increase sales

There are three effective tools that can increase the sales of a small company:

"Stock"

These are special offers with a limited duration. So the company does not leave the potential buyer time to think, minimizes the risk of his going to competitors.

If you indicate in the ad that the promotion is valid for one day (week, month), the target audience will look at the offer differently. She will think: the trousers are not needed today, but then they will tear, wear out. It makes no sense to overpay tomorrow if the price tag is so attractive today.

"Special price"

This method has been used for a long time, but remains effective and relevant. Indicate on the label the new “favorable” cost and the “old” one, 30-50% higher. The larger the difference between the two values, the stronger the "limited supply" effect will work. Seeing the benefits that the purchase promises, the client will quickly part with the money.

"Enterprise Announcement"

If you're opening a small business (dry cleaning, laundry, bakery, drugstore, etc.), announce before you open. Hang a sign, pointer, hand out leaflets to residents of nearby houses. This way you will arouse interest in the new product in potential buyers, allow them to get used to the idea that the “N” company will be located here.

Rubric: About advertising and marketing

Advertising nourishes the consumer abilities of people. It sets a goal for a person to provide himself and his family with the best housing, the best clothes, the best food. It stimulates his diligence and productivity.
William Churchill

Imagine for a moment a world in which, when new products are introduced, customers instantly learn about their merits and differences from competitors' products; these products are quickly sold out, bringing their creators a lot of profit - everyone “dances and sings”. As you might guess, in this idyllic world there is no place for advertising; she's just not needed here. Advertising was also not needed in a society of empty shelves, where we still recently had the good fortune to live. Did Xerox need special advertising for the first 30 years (patent period) of its existence, when the company was the only manufacturer of copiers in the world? Does the only shop in the village or the village doctor need advertising? Will an effective remedy for AIDS need it when it finally appears? So, when is it needed, this advertisement? As soon as you wish to offer your product outside the circle where you are known. At the same time, the more similar offers there are on the market, the greater the need for advertising and the higher the requirements for its quality, i.е. to its effectiveness.

And if you are going to make humanity happy with the 1001st kind of shampoo, coffee or vodka, then your success by 90% will depend on the literacy of your marketing and advertising approaches. It is because of bad advertising and bad branding that most new products die within a few years or even months. So, we need advertising not from a good life; it is a dire necessity.

This is also a very expensive necessity: the advertising industry in the world in terms of turnover is in 3-5 place, second only to such industries as automotive and aviation. Annual global advertising spending is $1.2 trillion (Russia's annual budget dreams of approaching $25 billion). You can imagine how much the global community would benefit from even a one percent increase in advertising effectiveness.

These questions are far from being idle - advertising of many companies is so bad that it can be improved by 50%, or even 200%, in an hour. But in order for the effectiveness of such advertising to approach the limit of its capabilities, the advertiser should work hard, and not one day.

Purpose of advertising

Do you think about the purpose of the plane, car or furniture? Hardly. Everything is so clear. Do you understand the purpose of advertising? Why do you need it? What is her task? Why are you spending so much money on it? Perhaps the following set of typical responses will help you in your thinking:

Everyone does it. Why are we worse than others?
Let everyone see how cool we are!
We were told that beautiful materials were needed for the exhibition. Do something for us!
My ex-wife drives down this street - let this bitch see my ad and suffocate with envy!

Maybe you are also interested in simply being able to inexpensively (only for a few thousand dollars) see a picture printed in a magazine dedicated to your company? It will be possible to cut it out and hang it on the wall - it will be nice to show it to friends.

You have already guessed that all of the above has nothing to do with real advertising, although it is very similar to it, although it costs a lot of money. But still, what is the true purpose of advertising; what is its main task? The famous American advertiser Raymond Rubicam said best of all: "Advertising has one goal - to sell, everything else is from the evil one."

All attempts to prove that advertising has other tasks are untenable. When they say that advertising can work for brand memorability or focus the market's attention, for example, on service or other details of the business, then we are simply talking about various methods ... to increase sales. Further, in some cases, advertising can "sell" not quite straightforward - I saw, read, went and bought. Advertising can "shoot" in a year.

Let's make a reservation right away - the word "sell" in advertising is used in the broadest sense. Advertising usually sells goods and services. But it can also "sell" social ideas (the fight against drugs, the movement for clean streets, etc.); it can also "sell" a candidate in the elections.

I sometimes have to make voluminous and complex packages of materials in Russian and English that win tenders, attract dealers, convince investors and potential founders. Is this an advertisement? Of course.

Next, you need to write a very important letter to the mayor, governor, minister or head of state. Should people who can only write government papers do this? No. This should be done by an experienced advertiser. Our experience confirms this all the time. Moreover, a set of standard letters for the company should also be done by an intelligent advertiser.

Sale without a seller

There are many definitions of advertising. They differ in the number of words and abstruseness. Albert Lasker, nicknamed the father of modern advertising, said that advertising is "trade in printed form" (there was no TV then). In Russia, since the last century, a good definition has been fixed: "advertising is the engine of trade." Best and simplest of all, the essence of advertising, in my opinion, reflects the following definition:

Advertising should sell, ONLY SELL - everything else is really from the evil one! It would seem, what is simpler: if advertising is to sell, then all efforts should be directed to ensure that it sells as well as possible, and at the same time the advertiser's costs are as low as possible. But it is not in vain that Raymond Rubicam speaks here of the "evil one." Advertising "from the evil one", or pseudo-advertising, is very expensive for both advertisers and the global economy as a whole.

Of course, the creators of pseudo-advertising are primarily to blame for this. But part of the blame lies with you, dear advertisers.

The hardest craft

What does the advertising industry look like to people who are far from it? These are endless competitions in Cannes and Uryupinsk, languid video luminaries in dark glasses and pigtails, breathtaking models, TV shows, presentations, prizes, talk about video sequences and other incomprehensible things.

And he and the other image is very far from the goals and objectives of real advertising. True advertising is part of the firm's marketing policy. This is an opportunity to improve the business. Creating advertising is a serious and difficult craft. This is an occupation for people who are able to reshape many times, who are able to love the client more than themselves in advertising. These are scrupulous analysis, a brisk pen, psychology, the Stanislavsky system, the laws of visual perception and readability, design, printing or camera art. And all this should work for a single goal - to sell! Otherwise, it is only big expenses and nothing more.

Two advertising heroes

The first hero of the advertisement is the subject of the advertisement; those. what it offers (product, service, election candidate, etc.). Your advertisement should show this item as fully and advantageously as possible. The author of the theory of the unique selling proposition (USP), Reeves rightly believed: "You must make the PRODUCT interesting, and not just make the advertisement original." But even this is not enough. The "product" should not be presented in itself, but as a solution to problems and satisfaction of the needs of the second, most important, hero of advertising.

Different ads for different products

In the world there is a huge amount of goods and services, social ideas and candidates for elections. And all this may need advertising. But in different, very different ads.

Are the methods used in cosmetics advertising applicable to advertising of sophisticated technological equipment? No. Do the methods used in advertising old brands that have been selling successfully for decades apply to brand new products? No. Advertising new products requires special skill, it is associated with great risk. By the way, that's why you won't see it at competitions.

Many advertisers (and advertisers, too) do not understand this. Further, they see around them mostly reminiscent of advertisements for Coca-Cola, chewing gum and other simple household products. These are, so to speak, the main advertising "universities" of the average person.

Some of this "knowledge" transfers to what they do in their company. As a result, we see many firms trying to advertise sophisticated high-tech products like ... chewing gum. Others show their disdain for advertising. Putin during the presidential campaign said that he refuses advertising because he is not interested in what is better - "Snickers" or "Pampers". (By the way, with his high rating, he could afford to refuse advertising.) Both positions are wrong.

Advertising literature and various competitions contribute to a large extent to one-sided and incorrect perception of advertising. They all hover around Coca-Cola, Pepsi, Nike, McDonald's, Visa, a few brands of jeans and cars - just a few dozen of the largest long-established brands. These brands are "very" interesting for exhibition pseudo-creators: firstly, they almost do not need advertising (they are bought anyway), i.e. you can not think about efficiency; secondly, these "rich Kentucky uncles" pay from the hip.

As for the hundreds of thousands of prosaic goods and services (of which, by the way, there is a sea in Russia), few people are interested in them - you will not find them advertised at competitions, textbooks do not talk about them.

Advertising effectiveness

Ogilvy once said bitterly: "Most advertising is embarrassingly ineffective." Alas, in terms of inefficiency, the advertising industry is probably in the very first place. If, say, the aviation industry worked this way, then half of the world's population would die in air crashes.

But advertising disasters are not so harmless. In them, goods and trademarks, the creation of which many millions have been spent, perish, firms and human careers perish. All this happens without obituaries and court proceedings, so not everything becomes public. At the same time, if American advertising is ineffective shamefully, then inexperienced Russian advertising is ineffective VERY shameful. Combined with the market inexperience of the young Russian market, this makes for an explosive mixture. There would be no room in our newspapers for obituaries of firms that have been the victims of marketing and advertising disasters. As we now know, advertising has only one measure of success - sales! And therefore:

But how can this be achieved? In search of answers to this question, generations of advertisers have accumulated a lot of experience, mostly through trial and error. Advertisers working in the sale of catalogs (goods by mail, mail order, mailorder) have especially succeeded in this. They had the easiest time gauging the market's reaction to the slightest change in the ads they created. It is thanks to their heroic efforts that we now know a great deal about the laws of advertising. (By "we" I mean those who take the trouble to learn this invaluable experience.) It is thanks to their experience that a professional advertiser can significantly increase the return on investment in advertising, that is, increase its effectiveness. Below we will somewhat conditionally talk about three types of efficiency. Good advertising has all kinds of efficiency and primarily commercial efficiency.

Commercial efficiency

Unfortunately, to this day, no reliable methods have been developed in the world for a preliminary assessment of the commercial effectiveness (selling) of advertising, i.e. you can't even very roughly predict sales growth as a result of a given advertising program. In principle, there is nothing unusual here. For example, a designer is in the same situation - he cannot predict how successful the product he develops will be. A director making a new movie or a programmer writing a new program will tell you the same thing.

But this is where the similarity ends. And the designer, and the director, and the programmer, after the release of their product on the market, can very soon assess the degree of their success. Alas, with advertising, everything is much more complicated.

The fact is that sales are influenced by all components of the marketing mix, the actions of competitors, changing market conditions, the effectiveness of your daily operations, and ... of course, your advertising. It is very difficult to isolate the impact of advertising in this overall picture - after all, everything else rarely remains constant. Example: you made a brilliant advertisement, and your competitor drastically lowered prices or the government made an unfavorable decision. What will happen to your sales curve?

So what to do? On the one hand, it is impossible without advertising; on the other hand, advertising is a hard-to-predict enterprise. There is only one way out - to make good advertising, making the most of all the achievements and experience of previous generations, our own market research, the experience and talent of advertisers. And at least not to make elementary mistakes. Where such blunders can lead, says Ogilvie:

There are plenty of examples of this in the history of advertising. Just think about it - you are spending money in the hope of expanding your business. As a result, you not only lose this, often a lot of money, but also reduce your sales, that is, lose even more money.

Communicative Efficiency

By this term, we will understand how easily advertising is perceived and read purely technically, to what extent it satisfies the time-tested "technical" laws, some of which are described below. The decrease in communicative efficiency leads, of course, to a decrease in commercial and efficiency. This is exactly what is predictable! But back to our designer, director and programmer. They clearly know WHAT exactly can obviously reduce the chances of their product to succeed. For example, a computer program will certainly not be successful if it is difficult to install, hangs, is difficult for the user, does not have a good description, packaging, etc. If the program does not meet even these minimum requirements, then what else to say!

The same goes for advertising. An experienced advertiser can easily tell you WHAT in this advertisement does not meet elementary technical requirements, and therefore, WHAT will certainly reduce its communicative and commercial effectiveness. He can also say WHAT is not an advertisement, but a picture or clip that resembles an advertisement.

For example, if the illustration and title do not even give an idea of the subject of advertising; or if the text in the advertisement is almost impossible to read, then it does not take much imagination to understand that you will lose most of the potential buyers.

Unfortunately, simply following the technical rules does not give you a 100% guarantee of advertising success. A technically ideal advertisement may have other defects that reduce its commercial effectiveness. But only marketing analysis can reveal these defects. (Probably representatives of the Lord God sit on the jury of advertising contests - they manage to evaluate ads in a couple of seconds!)

Operational efficiency

2) Out of 100 applicants, only one made a purchase. The average call duration was 30 minutes. At the same time, due to the overload of the lines, some of the regular customers could not get through. Which script is more professional? When and why does the second case, which we will call "telephone noise" occur? It occurs when a sufficiently interesting promotional offer lacks information that is very important for a potential buyer.

To fill the missing information gap, an interested person (and not everyone) calls the company and takes a lot of time from employees, often without buying anything. At the same time, it may leave an unpleasant aftertaste - really, damn it, it was impossible to say about it in advertising!

If this information were present in advertising, then only those who are satisfied with everything and who almost decided to buy would call. It takes significantly less time and other office resources to “process” such a buyer. Sometimes, as will be shown below, the advertiser prefers to create "telephone noise" himself.

Memorability and effectiveness

Previously, it was believed that advertising should certainly be remembered; moreover, memorability served as a measure of advertising effectiveness. She was sought after, she was tested. However, studies have shown that the memorability of advertising is almost unrelated to its sales. It is very important WHAT exactly you remember in advertising. If you remember the information related to the product, that's good. If you remember an artificial trick that is not related to the product, then it is almost useless, and sometimes even harmful. (By the way, most of these tricks are so primitive that they can only impress single-celled ones.)

Indeed, you can easily remember a lot of phrases, characters or tricks from some advertisements, while you will not always be able to answer even the simplest question - what exactly was advertised there. At best, you will say: some kind of chewing gum or some brand of coffee. And even if you remember the subject of advertising, it is not at all necessary that the advertisement will convince you to buy it.

Ogilvy rightly stated: “If they talk about advertising, it's bad advertising; if they talk about the product that this advertisement advertises, then this is a good advertisement.

Thus, it is necessary to strive for the memorability of the PRODUCT, and not the advertisement itself. (Unfortunately, some formal advertising testing measures simply ad recall.) For every percentage!

The number of potential buyers that an advertisement will have contact with can be very large, sometimes millions. From this it is clear that even a one percent improvement in advertising can give a significant increase in business. The same goes for deterioration.

What is good advertising?

Ogilvy wrote: “What is good advertising? There are three schools of advertisers, each of which gives its own answer to this question. Cynics argue that good advertising is advertising approved by the client. (It seems that in Russia this is still the main school.)

Ogilvy continues: "Another school adheres to Rubicam's definition, 'The best sign of a good advertisement is that it not only sells well to the public, but the public and advertisers remember it for a very long time as a wonderful specimen.' I've created enough ads that everyone remembers as "great specimens," but I belong to the third school, which says that good advertising is one that sells a product without distraction. It should draw attention to the product. Instead of saying, "What a clever ad," the reader should say, "I've never heard of this. I have to try this product." Above is a quote from Ogilvy: “If they talk about advertising, it's bad advertising; if they talk about the product that this advertisement advertises, then this is a good advertisement.

Ogilvy is a thousand times right! Moreover, after so many "creative revolutions" that shook the advertising industry, it somehow became difficult to trust the opinion of the "revolutionaries" from advertising. This was convincingly shown by the outstanding American advertiser Rosser Reeves. He wrote with surprise:

“Recently, an advertising magazine asked the creatives of twenty-five leading agencies to name their three worst commercials in recent years. And these people named a couple of the most sensational impact videos of the previous twenty years. Both of these commercials helped customers outperform all competitors and significantly expand their market share. The arguments given by the critics were: "They are boring", "They are not original".

It is easy to guess WHAT for these "creators" is a good advertisement. For them, good advertising is the winner of some competition. Their motto is: Good advertising does not need a product!

“This advertisement was very successful,” proud employees of the firm told us. “And how many computers did she sell you?” we asked, rejoicing for the people. The answer was a silent scene from the finale of Gogol's The Government Inspector. "Well, what was her success?" "Well, uh... our competitors found out we were selling Packard Bell computers." “It cost you several thousand dollars. Couldn't you just call these firms and tell them your amazing news? Another dumb scene. I think, astute reader, that you are already able to appreciate all the sad humor of the situation described.

Hopkins said it very well: “You often see ads that you don't like. They may seem clogged with material or wordy to you. For you, they are unattractive, because you are looking for an object of admiration, a source of entertainment. But out of hundreds of tracked ads, it may very well be that this one gave the best results.” If you have the patience and read to the end of the next chapter, you will learn how to evaluate the advertisement made for you.

"WHAT" is many times more important than "HOW"

In an ideal advertisement, “everything should be perfect”: the marketing side, the text, the illustrations, and the formatting (readability). That is, advertising must be well prepared, and be written in understandable language, and be attractive and easy to read. However, research and experience show that marketing (selling) content is a hundred times more important than language and graphic "packaging". In most advertisements, it is the “packaging” that dominates.

The main reason for this is that in the creation of advertising, mostly people “from the method” are involved, who have no idea about the tasks of advertising: journalists and writers write the text; artists draw up advertising; filmmakers create videos. It's right side of the brain advertising, because these people can sometimes do a good HOW, but they don't understand how to do a good WHAT in an ad.

Fair Advertising

It is not good advertising that distorts the facts. In addition to purely legal aspects, the unreasonableness of dishonesty in advertising can be noted here. No advertisement can resell a product if it failed the buyer the first time. In 1909, the Russian magazine Torgovy Mir wrote:

“Printing an advertisement and paying money for printing does not mean creating success for your business. In order for advertising to be successful, it is necessary that your advertising be truthful, correspond to reality, indicate and set off only those qualities and advantages that your product really possesses. Unfair advertising, if it can sometimes cause noise and create some success, but this success will be only apparent and temporary.

"Algebra" of advertising

Mozart's masterpieces were "passed through the computer" and they fit perfectly into the laws of harmony and counterpoint. Mozart and the despicable "algebra"!? Yes. Literature, painting, cinema, design, architecture, ergonomics and other fields have their own "algebra". For example, an architect in his work is forced to be guided by the laws of physics and strength of materials. Otherwise, the house will fall apart.

Bob Garfield, the famous American advertising critic and journalist: “Structure is not a limitation. Structure gives freedom. Shakespeare wrote 154 sonnets following strict rules of versification. Size, rhymes, rhythm - everything is regulated. But each of his sonnets is a masterpiece.”

There are a lot of advertisements for this structure, these laws, these strict rules. But where are they from? From a man. From us to you. We perceive advertising with the help of the senses, brain and psyche. They are what we have, and have not changed for thousands of years. Failure to understand this simple circumstance advertisers and advertisers leads to huge losses.

Advertising designed for the speed of computer processing, for the eyesight of an eagle or an owl, for the mentality of an insane person, etc., can hardly count on success among the majority of the world's population. It follows simply from common sense. When common sense is not enough, special studies, testing and analysis are carried out. Advertising research does not stop today. There are advertising research societies around the world, the Advertising Research magazine is published with a presentation of the latest results, and many large advertising agencies have research departments.

But in evaluating the results of research, one must be very careful. There are many cases where the wrong research methodology gives meaningless results.

Advertising and science

Some positions of advertising have almost the same reliability as the laws of physics. Much has been scientifically proven and calculated in advertising. But not all. We should not go to extremes, as does, for example, the excellent copywriter Claude Hopkins (Claude Hopkins) in his very famous and very useful book Scientific Advertising * (Scientific Advertising): “The time has come when advertising, through the efforts of some, has reached the status of science. It is based on clear principles and quite accurate. Causes and effects are analyzed so that they become well understood. The correct methods have been tested and established. We know what is most effective, and we act on the basis of these basic laws. Advertising, which used to be a gamble, has become one of the most reliable business promotions. It can be said with certainty that no other enterprise involves such a low risk.” Just think - it was written in 1923!

If only things were really like this! Then advertising could be done using a computer. But, alas, advertising is not a science. This is a craft that, like almost any craft in the world, makes extensive use of scientific and pseudo-scientific methods and results. By the way, it can also be shown that advertising is not art.

Encyclopedia of Marketing. What is the most effective advertising for small businesses? About material information

False advertising

False advertising

Illegal Advertising

Advertising "burdocks"

Invalid ads

cultural advertising

About material information

Other requirements

Do not measure by percentage

Footnotes

Krylov Andrey Vladimirovich Consultant, Art. partner of Living Eyes Consulting Efimov Roman Consultant "Living Eyes Consulting"

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Krylov Andrey Vladimirovich Consultant, Art. partner of Living Eyes Consulting
Efimov Roman Consultant "Living Eyes Consulting"