The FDA treats Kim Kardashian's Instagram selfie as an ad campaign

Here's the text of the post, in full:

OMG. Have you heard about this? As you guys know my #morningsickness hasbeen pretty bad. I tried changing things about my lifestyle, like my diet, butnothing helped, so I talked to my doctor. He prescribed me #Diclegis, and I felt alot better and most importantly, it’s been studied and there was no increased riskto the baby. I’m so excited and happy with my results that I’m partnering withDuchesnay USA to raise awareness about treating morning sickness. If you havemorning sickness, be safe and sure to ask your doctor about the pill with thepregnant woman on it and find out more www.diclegis.com;www.DiclegisImportantSafetyInfo.com. 

It's been no secret that many celebrities' social media endorsements are for sale. Five years ago, I blogged about the brazenness with which their followings are bought and sold as commercial media.

Product placements are rampant on narcissistic selfie feeds with millions of dedicated followers, but somehow the United States government decided that this selfie crossed the line into pharmaceutical advertising.

After Ms. Kardashian posted this blatant endorsement to her 42.6 million followers in July, the US Food and Drug Administration sent a letter to the manufacturer of the anti-morning-sickness medication, demanding immediate elimination of the post:

The Office of Prescription Drug Promotion (OPDP) of the U.S. Food and Drug Administration (FDA) has reviewed the Kim Kardashian Social Media Post (social media post) (2015-0069-01) 1 for DICLEGIS (doxylamine succinate and pyridoxine hydrochloride) delayed-release tablets, for oral use (DICLEGIS) submitted by Duchesnay, Inc. (Duchesnay) under cover of Form FDA 2253. The social media post was also submitted as a complaint to the OPDP Bad Ad Program. The social media post is false or misleading in that it presents efficacy claims for DICLEGIS, but fails to communicate any risk information associated with its use and it omits material facts. Thus, the social media post misbrands DICLEGIS within the meaning of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and makes its distribution violative. 21 U.S.C. 352(a), (n); 321(n); 331(a). See 21 CFR 202.1(e)(5). These violations areconcerning from a public health perspective because they suggest that DICLEGIS is safer than has been demonstrated.  

... 

OPDP requests that Duchesnay immediately cease misbranding DICLEGIS and/or cease introducing the misbranded drug into interstate commerce. Please submit a written response to this letter on or before August 21, 2015, stating whether you intend to comply with this request, listing all promotional materials (with the 2253 submission date) for DICLEGIS that contain presentations such as those described above, and explaining your plan for discontinuing use of such materials, or, in the alternative, for ceasing distribution of DICLEGIS. Because the violations described above are serious and repeated, we request, further, that your submission include a comprehensive plan of action to disseminate truthful, non-misleading, and complete corrective messages about the issues discussed in this letter to the audience(s) that received the violative promotional materials. In order to clearly identify the violative promotional piece(s) and/or activity and focus on the corrective message(s), OPDP recommends that corrective piece(s) include a description of the violative promotional piece(s) and/or activity, include a summary of the violative message(s), provide information to correct each of the violative message(s), and be free of promotional claims and presentations. To the extent possible, corrective messaging should be distributed using the same media, and generally for the same duration of time and with the same frequency that the violative promotional material was disseminated.

This is serious stuff. By treating the Instagram post as a paid ad, the FDA is bringing the full weight of its authority not on citizen Kim Kardashian, but on the company that they assume paid her to shill for them. As I'm sure you know, pharmaceutical advertising is heavily regulated. One of the most onerous parts of that regulation, for advertisers, is the endless list of risks, contraindications, and possible side effects. The FDA points out specifically that the drug has not been studied in women with hyperemesis gravidarum. Omissions like this can can prove tragic.

Since this time, the Instagram post has been removed. Furthermore, the manufacturer admitted to media that it was a paid endorsement (duh!) but that Ms. Kardashian really does take the drug and it was prescribed by her doctor. The Independent quotes Thomas Abrams, the director of the Office of Prescription Drug Promotion at the FDA, saying that the manufacturer is complying with the warning.

An FDA Q&A page states that the emergence of social media has "complicated the job" of promotional regulation, stating "we generally do not have authority over statements made by independent organizations or persons—what we call third parties—unless they are acting on behalf of a company." They also mention that this isn't the first time they have intervened.

This should be an important wake-up call for certain advertisers using celebrities as "native advertising" channels. As the line between advertising and earned media blurs, the regulators have learned to simply follow the money.

Candie's Foundation gets spanked by activist moms #NoTeenShame

The Candie's Foundation recently launched an anti-teen-pregnancy campaign in which a who's sho of Millennial celebrities  — Hayden Panettiere, Carly Rae Jepson, Hillary Duff, Lea Michelle, Fergie, Vanessa Minillo, Ciara, Teddy Geiger and the band Fall Out Boy — tell teens how much parenthood sucks.

According to Feministing, the campaign has really offended the Strong Families Movement for its shaming approach towards teen pregnancy. Allied blogger Natasha Vianna puts it plainly:

At the age of 17, I gave birth to a little girl. When the Candie's Foundation launched a teen pregnancy prevention campaign with the tagline "You're supposed to be changing the world... not diapers," I was outraged by their attempts to shame young parents. Although I was changing diapers at age 17, I am changing the world – and so are Lisette, Consuela, Jasmin, Gloria, Marylouise, Christina, and so many other young parents like us across the country. Our activism has been shaped by our experiences as young moms; we are working to change the world because we are young parents.

The organization has launched a petition to Candie's and encourages the use of a hashtag, #NoTeenShame, to draw eyes to the cause.

This controversy is similar to what happened when NYC's Human Resources Administration put up ads  in which young children shamed their teen parents about getting pregnant.

The problem lies in the strategy of shame. This is an organization that previously used wealthy teen mom (and born-again abstinence advocate) Bristol Palin as a spokesperson for what a burden young parenthood is. They describe themselves as " a non-profit organization that works to shape the way youth in America think about teen pregnancy and parenthood." 

And sex:

Research has shown that teen girls who have been exposed to the foundation and its messages are more likely to view teen pregnancy and parenthood as stressful and negative, and they are more likely to be skeptical of the media's portrayal of teen pregnancy and parenting. They also think teens should wait longer to have sex than girls who are not aware of the foundation and its messages.

But where does that leave the teens (especially girls) who have become pregnant? Ashamed, if the campaign has its way with them. But even if their own feelings of self-worth are not important to you, do you actually think that teens are unaware of the fact that unplanned pregnancy is a big deal? 

It would be really refreshing to see someone pony up for a pleasure-positive, choice-positive teen sexuality campaign that helped young people get and use contraception without vilifying those who do not, and who decide to have a baby. The Candie's Foundation's pro-abstinence stance reflects a conservative culture of sexual shaming, in which people who consensually give in to their natural curiosities and pleasures are seen as morally weak. (And the shaming can affect victims of rape as well.)

As much as I don't want to be a grandparent too soon, neither would I want to raise my young son to believe that teen parents are lesser people than him. Not only for their sake, but possibly for his own. 

Is this unauthorized use of celebs to sell burgers a "hot mess"?

I've written before about how brands are using the viral lift of Buzzfeed to generate interest in new offers. But this may have crossed a line.

Jack In The Box has sponsored a Buzzfeed list, titled "14 Of The Most Notorious Celebrity Hot Messes," to promote its Hot Mess Burger.

"Hot Mess" itself is an evolving term, but is often applied to celebrities who are sloppily out-of-control and/or/were "hot". The Jack In The Box list includes Lindsay Lohan, Mel Gibson, Tara Reid, Katt Williams, Amanda Bynes, Courtney Love, Paz De La Huerta, Charlie Sheen, Kathy Lee and Hoda, Gary Busey, Victoria Jackson, Dustin Diamond, D'Angelo and Demi Moore, all with a description of well-known embarrassing behaviours and accompanied by unflattering pictures and animated gifs. At the end of the list is the sell:

Now, here's the tricky part. Scandal mags, celebrity blogs, and humour sites pretty much get a pass on exploiting celebrity trainwrecks to gain eyeballs. But this particular list looks like an ad. It's branded, and it is selling a product.

It's a well-known tactic to use world leaders or dead celebrities for attention. And PETA will make fun of live ones who screw up. But many of these cases are not-for-profits expressing their rights to political speech.

I'm no lawyer, but it seems to me that using a celebrity's image and name without permission in a clearly commercial context (as opposed to the "fair use" in traditional media, blogs or activism) might violate those celebrities' Personality Rights.

In other words, showing a picture like this and naming names might be okay for Perez Hilton, but a corporation using it to sell hamburgers might be a bit of a... umm... hot mess?

The post has been up since February 1.

Jessica Simpson remains as Weight Watchers' spokesperson, even though she can no longer follow the plan

It's a new year, so let's talk about babies.

Business Insider reports that Weight Watchers has had to change course with its promotion of Jessica Simpson's post-natal weight loss. Because it turns out that she's having another.

The company prepared for this contingency by filming two almost identical New Year's ads. The first, released on December 19, hides her early signs of pregnancy but doesn't mention the news:

The second, released after her Christmas public announcement, adds an extra bit:

It's a smart move by Weight Watchers. They don't advertise to pregnant women, but they also don't want to lose the post-partum market they've been courting with Ms. Simpson.

Personally, I hate the obsession with women celebrities' post-baby bodies. It puts way too much pressure on them, not to mention all the moms who can't afford a full-time personal trainer. But as marketers, Weight Watchers could have done much worse. In November, TMZ reported that Price is Right spokesmodel Brandi Cochran was awarded over $7 million in punitive damages after she claimed was fired from the show because she got pregnant.

An obituary for the War on Drugs

According to Boing Boing, this ad ran full-page in yesterday's New York Times. It's from the Drug Policy Alliance. Its honourary Board of Directors includes Harry Belafonte, Former Surgeon General Joycelyn Elders, U.S. District Court Judge Robert Sweet, Richard Branson and Sting.

Here's the text:

80 Years After the End of Prohibition, Prohibition is Finally Coming to an End 

Voters in Washington and Colorado made history on Election Day when they voted to legally regulate and tax marijuana. Their votes signaled the beginning of the end for the costly and unjust war on drugs. 

Thank you to the citizens of Washington and Colorado. 

The Drug Policy Alliance is especially proud of this milestone, as we worked for years to make this historic day happen. 

We’d also like to thank: President Bill Clinton for acknowledging the drug war’s futility and failure; President Jimmy Carter and Pat Robertson for saying it’s time to legalize marijuana; Governor Christie for calling the drug war a failure and Governor Cuomo for working to end New York’s racially discriminatory marijuana arrest crusade; Congressmen Ron Paul and Barney Frank for introducing the first bill to end federal marijuana prohibition; Presidents Santos (Colombia), Pérez Molina (Guatemala) and Mujica (Uruguay) for breaking the taboo on alternatives to drug prohibition; and, most of all, our many allies around the world for demanding no more drug war. 

We strive for the day when drug policies are no longer motivated by ignorance, fear and prejudice but rather by science, compassion, fiscal prudence and human rights, with education and treatment available for everyone. Help us fight the good fight by making a tax deductible donation.

The DPA is currently hosting a petition to President Obama not to interfere with the state-level legalization.

Kylie Minogue makes an ass of herself in "sexy" advertising parody

Don't worry. It's not the latest random sex in unrelated advertising.

It is, as David St. Hubbins would say, "making fun of that sort of thing."


The work is by British artist Katerina Jebb, for an exhibition titled" Simulacrum & Hyperbole "

This film of Australian singer/actress Kylie Minogue (whose videos tend to be highly sexualized) was created for an imaginary TV channel called Lucid TV Paris.



Here's an explanation from the official release (which won't let me embed, which is why I used that crude rip above):

In this work ,Jebb sees the boundaries between actuality and satire confused and disrupted.  

In creating an imaginary TV channel, the viewer is offered parody endorsements such as Life Eraser , a new life enhancing beauty cream with the face of Tilda Swinton .  

Beautiful and disturbing , the ad infinitum series will launch officially on the Lucid TV Paris Channel in 2013

Other featured cameos in Marisa Berenson , Kristin Scott Thomas and Arielle Dombasle .

Tip via Illegal Advertising

Obamagramming for the youth vote #forall

Considering that social media played such a huge part in inspiring Americans to vote for President Obama in 2008, I was wondering what 2012 would be like. After all, the landscape has changed.

Besides Pres. Obama's stiff, third-person Twitter feed and his AMA on Reddit, I haven't seen much worth remarking on. But then I saw a piece on The Wall about the Team Obama's infiltration of Instagram.

It's a nice little movement, perfectly in tune with the sensibilities of Millennial voters. Called "a vote for all" (which contrasts nicely with Senator Romney's "47%" fiasco), it features Barrack Obama's Instagram account putting out a call to young voters:

Why are you voting for Barack Obama? Share your photo and your reason using #ForAll, then head to vote.barackobama.com. 

If there are three things that define the young generation, it's colleboration, taking pictures of themselves and their surroundings, and telling people what they're up to at all times. Since Instagram  (now owned by Facebook) allows them to do all three, it's a natural fit.

Plus, it has celebrity endorsers.

Besides Natalie Portman  and Ms. Alba, apparently Scarlett Johansson and Jared Leto have also Tweeted their support.

And it looks like it's taking off:

Will this slacktivism turn into higher youth voter turnout, considered crucial for the President's re-election? The fact that this campaign launched so late is actually a good thing, with the short memory and fickle nature of social media. But there are still a few weeks to go.

Update: Republican Texas Governor Rick Perry has already trolled the hashtag.

Man, I love social media politics.

Polish drink ads feature Mike Tyson, are bizarre #FdAdFriday

Wow. Poland's Black energy drink  hired convicted rapist Mike Tyson to play piano and sing about his lack of self-control in a room full of sultry models, then have a mild freak out.



There are just so many flavours of wrong here, not least of which is the brand's racialized use of phrases like "That's the power of black" — and going so far as to co-opt "Black Power".



Tip via BuzzFeed

These messages brought to you by #WorldWaterDay

It's World Water Day today, and I'm up to my baby blues in "real" work, so here's a compilation of classic water-related PSAs to remind us all of what's at stake if we don't keep our water resources clean and safe (hint: we all die).

Matt Damon's viral PSA "making of" freakout (contains F-bombs, via earthfirst.com)



Jennifer Connelly has to fetch water from Central Park to live (via search)



Wasting Water is Weird (via Osocio)



Sweden's controversial "dirty water" mom via (Adfreak)



A strikingly similar (and earlier) PSA from the UK (via The Next Good Idea)



Yet another execution of the same idea, again via AdFreak



And again, for UNICEF (via Ads of The World)



And, now for something completely different...

Surfrider Foundation: "Butts" (found via search)



The message is clear: Never take clean water for granted.

Oh God, Paris Hilton has a new music video

Apparently feeling threatened by Courtney Stodden's burgeoning music career, Paris has decided to take a stand for true celebutantism against the underage poseur.

Talking over the repetitive electronic beats of Denver's Manufactured Superstars, she delivers one pointless banality after another until you either stop the video or experience debilitating ennui.

[Video has been pulled from YouTube and Vimeo. You can still see at at Gawker, if you dare.]

I made it to 1:38. Let me know how it ends, if you dare.

Via Buzzfeed

Drug courts PSA is full of stoned-looking celebrities

This spot, produced for the National Association of Drug Court Professionals, is bizarre. The celebs, some of whom have been known for their drug problems, look like they're the forlorn coming-down portraits you see on mugshots in The Smoking Gun:

The Reddit submitter I stole this from put it best: "Very odd anti-drug/drug court ad featuring Matthew Perry, Steven Tyler, a very beleaguered looking John C. McGinley, and a bunch of other stars who look like they're doing it as part of their community service."

This is too bad, since specialized Drug Courts are a really great idea to help addicts get appropriate treatment rather than throwing them in jail.  

The ad, though, just makes me depressed.

Canada has always had a special place for The Shat

William Shatner, who just recently accepted both an honourary degree from his Alma Mater at McGill and a lifetime achievement award from Canada's Governor General (along with an acceptance video that went viral on NFB)  is a good example of the way we always welcome our ex-pat celebrities home.

But it's not the first time.

Back in the early '70s, between the cancellation of Star Trek and the beginning of the movie series ( won't bring TJ Hooker into this)  The Shat came back in forgotten role as spokeman for the Loblaws grocery chain.



The toupe. The delivery. The total Shatner package.

DON'T EV-ER CHAAAAAAAAAAAAAAAAANGE!!!

Tanning is still the new smoking

I called it last year, and stand by it: indoor tanning is on its way out. First, the whole Guido/Jersey Shore meme equated indoor tanning with being a douche. Then cancer authorities started a social marketing war against what they saw as an unhealthy practice. Then legislators got involved.

At this point, you might as well close up your tanning shop. The viral internet has cast final judgement on the orange look as an aesthetic - whether acquired from sun, bed or spray.

Trending this week:

Some new and highly-sharable video content from The Onion:

 

Some poor anonymous girl becomes the movement's poster child on BuzzFeed:

Via The Brain.

 Ouch. But at least she's among good company.

Or is she?

Suck it, haters!

I occasionally go on (and on and on) about one of my personal causes, which is ensuring a society where mothers feel comfortable breastfeeding their babies whenever, and wherever, they want. What can I say? I'm a milk-fed baby.

The ongoing fight between lactivists and Facebook is just one front where this is playing out. Another is in the arena of popular culture.

I'd love to do a PSA campaign for La Leche, or some public health authority, to help this process along. But to be completely honest, more progress is probably made every time a "hot" celebrity releases a photo like this:

That's Australian supermodel Miranda Kerr, best known as a Victoria's Secret model, giving the breast to her newborn son by English actor and Middle Earth heartthrob Orlando Bloom. This is what they chose as the official photo to announce the birth of Flynn Bloom, born January 6.

And that's what every cause needs: Heroes.

The Avenging Angel of Lactation.

Sir Likes-Boobs-a-Lot

Hey... although the everyday people who stand up to ignorance everywhere are equally — well actually much more — heroic, a little star power for the cause doesn't hurt at all.

Everyone has a price - especially on Twitter

@MarleeMatlin: $217.65

Have an Oscar-winning actress Tweet your cause for just $217.65. Hell, you could have a former child star for $2,985.80 — or as little as $29.41!

The "Twinfluence" of Marlee Matlin, Lindsay Lohan, Danny Bonaduce, and many other celebrities (and cewebrities) is for sale at Sponsored Tweets, a property of IZEA. (link via Consumerist)

From the "about" page:

Founded in 2006, IZEA is the world leader in sponsored conversations. IZEA pioneered the sponsored conversation space and continues to create innovative platforms like Sponsored Tweets to help our customers realize their objectives.

There are some surprisingly high-priced Twitscorts available for outcalls:

Soleil Moon Frye, AKA '80s TV character Punky Brewster, commands a queenly $5,850.00 per tweet. Apparently Punky grew up to become a popular Internet celebrity. But I can't imagine why...

@moonfrye: $5,850.00

On the other end of the scale, Shavar Ross, best known to people my age as Arnold's friend Dudley from Diff'rent Strokes.

@shavar: $15.29

In pop culture circles, Dudley is known for his role as a victim of Gordon Jump's sexual abuse in a "very special episode" that freaked out a generation:



Poor Dudley, it appears, never gets a break. His Tweets are only worth $15.22 a pop.

@JERzi_LYNN: $3.46

But at least his stock is doing better than that of aspiring Internet porn star Jerzi Lynn, who gives her social media love away for a measly $3.46 per Tweet.

 So, what do you think your Tweets are worth?

Or, much more importantly, your self-respect?

Killing malaria, one LOL at a time

A group called Malaria No More has engaged a large group of American entertainers to laugh in the face of death — and spread awareness of a deadly disease.

Malaria has essentially been wiped out on North America for decades, but it continues to kill thousands of people a day in places like Africa.

According to Malaria No More:

"Comedy Fights Malaria shows that the disease is no laughing matter — every 45 seconds, a child in Africa dies from malaria — but humor can keep malaria in the spotlight and in the conversation. The result is always amusing, often absurd and sometimes downright bizarre messages from a broad range of stars.

"Our goal is to engage people in a new way of talking about malaria and see how each person can contribute their own unique skills to keep malaria at the forefront of the conversation."

Look for Aziz Ansari, Will Arnett, Lake Bell, Orlando Bloom, Elizabeth Banks, Ted Danson, Lisa Edelstein, Sarah Gilbert, Elliott Gould, Josh Groban, Rachel Harris, Ed Helms, Rob Huebel, Ellie Kemper, Nick Kroll, Natasha Leggero, Riki Lindhome, John Mayer, B.J. Novak, Jeremy Piven, Jeff Probst, Rob Riggle, Paul Scheer, Jason Schwartzman and Scott Wolf:







What do you think of comedy being used to fight tragedy? (Even absurd, lightweight, too often unfunny humour li

ke this.) Is it appropriate? And more importantly, will it work?

As far as this specific NGO is concerned, awareness is a key step in achieving their ambitious vision:

"We’re determined to end malaria deaths in Africa by 2015—and we’re helping the world get it done. Malaria No More leverages high-impact awareness campaigns to engage the world, global advocacy to rally leadership and strategic investments in Africa to accelerate progress, build capacity and save lives."

For your part, you are encouraged to join them on Facebook, Tweet the cause, and/or donate.