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

Abstract

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

Impact of advertising puffery and celebrity trustworthiness on attitude and purchase intent: a study on Indian youth

“…Advertising puffery has been determined as essential antecedent which influenced the purchase intent of the consumers (Petty, 2013). Formerly, study by Oliver (1979) revealed that advertising puffery forms an attitude that subsequently results in developing the purchase intent.…”

Trends of puffery in advertising – a bibliometric analysis

“…Puffery in advertising plays a crucial role in influencing consumers, and numerous studies have evidenced it. Petty (2013) found that consumers get influenced through puffery contents and purchase the products that otherwise they would not have purchased. There are different opinions about verbal and visual puffery and their effectiveness; however, both these forms are effective enough to influence the respondents (Oliver, 1979; Toncar and Fetscherin, 2012).…”

Pain-Killer: A 19th Century Global Patent Medicine and the Beginnings of Modern Brand Marketing

“…Given all the sea captains and missionaries that transported Pain-Killer to distant locations and the broad variety of uses and users of the product, it is hardly surprising this product was promoted through testimonials. This was a common practice with many patent medicines (Young 1961; Segrave 2005; Petty 2013; Larson 1937). The People’s Pamphlet (Davis 1845) contains numerous testimonials and “certifications” by Perry Davis himself, other distributors and those who appear to be ordinary users, some related to clergy.…”