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.

Tylenol does a beautiful ad that says nothing about Tylenol #HowWeFamily

Sometimes, my industry makes me too cynical. I completely understand why brands want to associate themselves with progressive social issues. The inevitable blowback, from reactionary groups such as One Million Moms, get them oodles of positive earned media. But is it really moving product? Let's have a look:

Beautiful piece. It could have been produced by any one of dozens of human rights groups, if only they had the money. And there's a campaign microsite (of course) for online engagement.

But it's not a human rights PSA. It is an ad for a pain medicine. And the branding is stuck on so bluntly that it seems like more of a sponsored short film than an ad.

Don't get me wrong. I like the video and I agree with its sentiment. But at what point do we question whether consumer brands are manipulating us by piggy-backing on the important social issues of our day? And is that OK with us anyway?

I think it is, but only if we consume the media (and product) with the open-eyed awareness that we are being advertised to. Johnson &Johnson aren't just being nice. They're following a plotted brand strategy, after testing the market last Christmas with a similar ad.

Ad Age quotes Manoj Raghunandanan, senior director-marketing of J&J's McNeil Consumer Healthcare, saying that research conducted after the December campaign "brought significant improvement in brand-equity scores on such survey questions as 'this is a brand that understands me'," which translated into greater sales and market share for Tylenol, "despite the brand putting no other advertising support behind its Extra Strength Tylenol flagship products during that period."

Nothing about the product's efficacy, nor its price, nor even its safety. Just family-focussed branding that builds trust and positive associations.

Perhaps this is the future for brand advertising, and to be honest it feels pretty good. Just don't forget that you are always a customer.

Bust cream, or food?

Both, apparently. This product was featured in an 1897 Sears catalogue (always a good source for all things busty).

From the context, I guess the "food" part means that it "feeds" breast growth, as opposed to being something that you would eat. Check out that plunger, ladies!

These images are from Retronaut. Check out the ad in the original context on Google books.  I also found an interesting cultural analysis of the ad here.

These heroin ads are not a PSAs

From Wikipedia:

In 1895, the German drug company Bayer marketed diacetylmorphine as an over-the-counter drug under the trademark name Heroin. The name was derived from the Greek word "Heros" because of its perceived "heroic" effects upon a user. It was developed chiefly as a morphine substitute for cough suppressants that did not have morphine's addictive side-effects. Morphine at the time was a popular recreational drug, and Bayer wished to find a similar but non-addictive substitute to market. However, contrary to Bayer's advertising as a "non-addictive morphine substitute," heroin would soon have one of the highest rates of dependence among its users.

Yes, that Bayer. The story of how Heroin was first marketed as a treatment for opium addiction is a popular one. But this is the first time I've seen an actual ad for it (via Retronaut).

There was soon also competition to the German drug, in this case from the Martin H. Smith Company of New York:

New York University at Buffalo's Addiction Research Unit writes:

Heroin was widely used not only as an analgesic but also as a remedy for asthma, coughs, and pneumonia. Mixing heroin with glycerin (and often adding sugar or spices) made the bitter-tasting opiate more palatable for oral consumption. 

 Candied heroin. What could possibly go wrong?

Caffeinated Aspirin — for prison rape?

The assumption that, in prison, men force other men into sex is a common one. One person I know who has actually done (light) time told me that it's something nobody dares joke about behind bars. In the world of popular culture, however, it's one rape joke that seems to persist in "polite" circles.

It's subtly implied, in this ad from Brazil's Almap BBDO, part of a campaign for Cafiaspirina, Bayer's caffeinated headache pill marketed in Latin America. But even without the underlying violent implication the homophobia still makes my head hurt.

See the whole campaign at The Drum.

Is Buyral Marketing good CSR?

I just made up that term. I needed something to describe the proliferation of campaigns that buy social spread by promising to donate for each "like" or "RT" received.

Here's today's example:

"Zinc Saves Lives" is the corporate social responsibility brand of Teck Resources, a mining company that specializes in copper, coal and zinc. So by retweeting this post, you're acting as a free social media promoter for the mining company, as well as potentially saving a child's life.

When I see these campaigns, I can't help but by cynical. That's because I know how they work.

You see, most big corporations have a social responsibility strategy, both to enhance their brand and to earn social licence (that is, community support) in the regions in which they operate. These activities have a set budget, a chunk of which is earmarked for conspicuous corporate giving to a relevant cause.

In the case of Tek, it takes the form of "We Day":



You can see the actual donation budget if you look at the fine print:

Teck will donate CAD$0.50 for every retweet of the designated We Day tweet, up to a maximum total for each We Day event (CAD$20,000 for Toronto, CAD$20,000 for Vancouver, CAD$10,000 for Alberta, CAD$5,000 for Montreal and CAD$5,000 for Ottawa). The total donation from Teck for the entire campaign is capped at CAD$60,000.

So, Tek has budgeted a $60,000 gift to "Zinc Saves Kids, an initiative of the International Zinc Association in support of UNICEF." But instead of just giving their trade association the money (to enhance its reputation, too) Tek is emotionally blackmailing Twitter slacktivists to do their advertising for them — for free. Instead of the limited PR they get for just handing over a lump sum, they engage large numbers of social media do-gooders to spread their goodwill all over the internet.

Here's another example of buyral marketing, from the pharmaceutical industry (via Osocio):

In this case, a simple repinning of the image gets a hefty $10 donation to the Breast Cancer Society of Canada. All you have to do is help Bayer spread their one-a-day brand all over Pinterest.

And once again, there is a maximum. The donation cap is $30,000.

This isn't a particularly bad thing. Charities need private donations, and people love to feel like they're saving the world. But people need to know what they're being asked to do, and by who.

Are you concerned with the ethics of buyral marketing? Add your comment below.

Don't look at this post if you're hung over

I warned you. This constrictor-as-headache image is pretty evocative.

It's a Ukrainian ad for Ibuprom, an over-the-counter ibuprofen pain reliever. Ouch.

Unfortunately the agency, Kaffeine, insisted on campaigning the ad. The second one doesn't do it for me:

It may hurt, but it doesn't throb.

Via Ads of The World

Fashion advertising gets the parody it deserves

"period pain"

Ever notice that high fashion models in magazine editorials look like they're in excruciating pain? Between the contorted poses that exude glamour and thinness, to the absent expressions on their faces, they just don't appear to be having any fun.

"backaches"

 This campaign for Sweden's NK Pharmacy uses this insight brilliantly, diagnosing the models with common ailments and offering product solutions from their store. I have nothing else to add. It's a prefect print campaign by Garbergs of Stockholm.

"cold sores"

"blisters"

Via I Believe in Advertising

Respibien makes your chest "better" #FdAdFriday

At least, I assume that's the pun at play in these Spanish ads for a decongestant product. Ho ho ho. It is to laugh...

Do you thing these could count as false advertising?

Via Ads of the World

F'd Ad Fridays: Cat got your... umm... nose?

It's a nasal decongestant ad from the Philippines. Since cat hair is one of the things that causes snotageddon for me, I'm going to be seeing this image in my nightmares.

Thanks a lot, Copyranter.

PETA prescribes meatlessness in mock pharma ad

It's pretty funny ay first, but goes on for way too long. And for the record, I'm against factory farming too. I prefer to eat animals that were loved to death.

Ugly boots: There's a vaccine for that!

Not really, but "Uggcitrine" is a pretty good parody of clichés in big pharma marketing for birth control and STI drugs.



Via Illegal Advertising

This stop-motion animation may put you off your meds

When I watched this the first time, I thought, "Cool video!  But I'll bet it's going to try to sell me some questionable herbal remedies."


Help Remedies - Take Less from Wulf Casting on Vimeo.

But it didn't. It's an ad for Help, a pharmaceutical company that claims to simplify the way we take medications for common complaints.

"Help® is a new type of drug company—a drug company that promises you less: 

Less drugs 

All of Help®’s solutions are made with a single active ingredient. Help, I have a headache, for example, contains only acetamin-ophen,whereas some other kinds of headache medicines may contain two or three active ingredients.  

Less dyes 

The drugs themselves are made with the fewest possible coatings and dyes. Many drugs are colored and coated for decorative purposes. Help® would rather people didn’t have to ingest decoration. 

Less confusion 

Each product is titled after the specific symptom it is meant to solve, e.g. Help I can’t sleep, instead of an unrelated brand name, so that people understand clearly what they are taking and what they are taking it for."

Interesting concept, "less/fewer" grammar outrage aside...

Ad by agencytwofifteen/McCann, San Francisco
Via I Believe in Advertising

It's written all over your face

Dolex is the name under which Panadol pain and cold symptom relief drugs are marketed in Columbia. This attention-getting (but seriously unnerving) campaign is one of those ones that tells people that they look like shit when they're sick.

They'd be better off staying home and away from other people, but anyway...

Add caption

"Sore Throat"

"Watery Eyes"

"Stuffy Nose"

Ads by REP/GREY Worldwide, Colombia
Via AOTW

F'd Ad Fridays: Possibly fake, definitely tasteless, 9/11 referencing ad

No provenance (found on Reddit) but Jenburkt is a real pharma in India.

Pharma ad video template

It's low-tech, and a little long, and the acting is awkward, but nonetheless this parody ad by Pineapple Shaped Lamps, a live theatre troupe based in Wilmington, North Carolina, does a good job at hitting all the right parts of the formula:



You could almost use this as a training film for Copywriters.

Via Buzzfeed

F'd Ad Fridays: Creepy allergy campaign snot very helpful

As an sniffly and red-eyed allergy sufferer, I should be the target audience. But speaking for my people, it's hard enough to get to sleep at this time of year without images like these coming back to haunt me:

Leafmask Stalker Dude is creepy as hell.

Flowerface just looks like he wants to beat me up.

Okay, but Catwoman is kind of hot...

Via AdFreak