In the fight for health around the world limit the advertising of certain goods and services. Both socially branded drugs or weapons, as well as most acceptable, and for some people daily alcohol and cigarettes, fall into disgrace. But the counters are not going to empty sharply. The people don't quit smoking at all, the names of the brands of the ascendant do not forget. Largely due to advertising, which is not. Allegedly, because manufacturers always find loopholes in the laws to remind themselves to the consumer. Sometimes these loopholes look very creative.
What kind of advertising can punish the goods?
The Law on Advertising, as amended on March 28, 2017, does not allow advertising:
- goods, production and (or) sale of which are prohibited by the legislation of the Russian Federation;
- narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors;
- explosives and materials, with the exception of pyrotechnic products;
- human organs and (or) tissues as objects of sale;
- goods subject to state registration in the absence of such registration;
- goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;
- goods for the production and (or) sale of which requires obtaining licenses or other special permits, in the absence of such permits;
- tobacco, tobacco products, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, cigarette lighters;
- abortion services.
It turns out, cigarettes can not advertise at all. Alcohol advertising is allowed, but is subject to such strict control that it is easier to assume that it is impossible to advertise alcoholic beverages. Something like breathing beer, which can be advertised in between sports broadcasts, and Russian-made wine, which found a place in the pages of print media and in traditional media from 00.00 to 7 am.
What to do when you can not, but really want? Search loopholes. In fact, there are infinitely many possible points of contact between a brand and a consumer. It is not necessary to break into consciousness directly, buying advertising time, advertising posts or banners. One of the ways - dark marketing. Nothing illegal and clandestine. Just a set of ways to promote, which appeared as a reaction to the prohibitions. This is an indirect influence on the audience when the brand itself seems to have nothing to do with it, but the crowd remembers well who communicated with them on some occasion.
The approach is similar to guerrilla marketing, but these are two completely different strategies. On the site of Alexander Levitas, guerrilla marketing is described as a set of tools and tools when a small or medium-sized business without a special budget tries to butt out with competitors. In the best traditions of the partisans - to let the train down the slope on the sly, throwing logs on the rails, and not arranging expensive carpet bombing. Dark marketing is not constrained in means. Quite the contrary - these are big budgets and landmark campaigns.
Article 21 of the law "On Advertising" is already taking off almost at the root of the wings of marketers and advertisers. Advertising can not:
- say that alcohol helps to achieve success or recognition;
- condemn yazvennikov and sober;
- say that alcohol is safe or good for quenching thirst;
- appeal to minors;
- use hand-drawn characters.
Alcohol advertising cannot be placed on television, on radio or in print. On transport, billboards and banners stretch marks. And every time we must say that alcohol causes damage to the body. This is if you act according to the rules, but if fantasy works, you can get around them.
Alcohol cannot be advertised on the Internet. It is not only about the zones ru, RF and su, but about the entire Runet - the Russian-speaking segment of the Network. Those. the brand will not be able to create a website with the .com domain and exist in peace - FAS will find and fine. Moreover, he will not penalize the manufacturer, but the distributor of prohibited advertising - the person to whom the site is registered. What to do?
Here, clause 3 of Part 2 of Article 2 of the Federal Law "On Advertising", which says that the Law "On Advertising" does not apply to reference and analytical materials, becomes to protect the manufacturer.
FAS does not recognize information about products on the official website of the manufacturer or seller of these goods if it is intended to inform visitors about the range of products, the conditions for their purchase, prices and discounts. Information on the company's business, promotions and events is also not an advertisement.
It turns out that the FAS will not punish, if the site has a colorfully painted assortment and, let's say, cocktail recipes (product use rules), but also reports from events where people have fun are laid out. The same goes for the official communities of alcohol brands in social networks. Their presence is not prohibited by law. The main thing is that the content complies with the requirements of the law.
The same advertisement, but in a truncated version:
Will there be an advertisement on a post in a social network or a video on YouTube in which a blogger with a million people, for example, mixes cocktails with Bacardi and says that he has never tried Roma for mojito in real life? We listen to what FAS says.
In accordance with clause 2 of Part 2 of Article 2 of the Federal Law "On Advertising", this law does not apply to references to a product or manufacturer that are organically integrated into works of science, literature or art and are not in themselves advertising information.
It turns out that the information posted on the blog, mobile applications for phones, games, movies and TV shows, although it is subject to organic assessment in each case, is not explicitly prohibited. So you can safely buy ads from bloggers, call them on free tours of the factories and tastings.
VKontakte and Facebook advertise alcohol and cigarettes are not allowed. But no one can forbid the creation or monitoring of closed interest groups - whiskey lovers, wine admirers, vodka fans. People with the necessary hobby themselves gather in one place. They do not need to be found by means of social networks - you can immediately make thematic posts and reports. The coverage of such advertising will be less, but the audience is completely targeted.
By law, in periodicals one can advertise only beer and Russian wine made from Russian grapes. We read carefully: "in periodic". It turns out, if the publication ceases to appear at regular intervals (in fact, the numbers of magazines on the cover simply disappear), you can advertise alcohol in a book, booklet, brochure. For example, the magazine Simple Wine News has sharply turned into a series of books.
But it is important to remember that such books and magazines can be distributed only in places that are licensed to sell alcohol - bars, cafes, restaurants, shops, but not in the Soyuzpechat kiosks.
Another way to use prints is to have a party with a photo report about it. After all, no one forbids making reports from interesting events? The main thing that the photos got the right names and logos. But not in the first roles, but somewhere on the side, so that FAS would not recognize such photos as direct advertising.
By the way, sometimes prints simply ignore the prescriptions of the FAS and place advertisements in the open. Depending on the reach of the audience, sometimes it is more profitable for the brand to pay 20-30 thousand dollars more and compensate for the future fine that the publication will receive, but not every magazine will agree to this.
The law “On Advertising” permits to appear in TV programs Russian wine from Russian grapes from 23.00 to 7 am and beer during live broadcasts or in the recordings of sporting events (with the exception of the children's and junior championships). Don't get too good. Strong alcohol in this regard is generally not easy. But there is another loophole - paragraph 15 of Article 14 of the Law “On Advertising”.
The restrictions established by this Federal Law in relation to advertising of certain types of goods in television programs do not apply to advertising placed in the place of an event that is broadcast live or recorded, except for those specially created for broadcast productions.
It turns out that the name of an alcoholic brand or at least a familiar logo, a combination of colors, cannot be fined at the time of the live broadcast of the festival, sporting event, news report. Hence the active sponsorship of public events by brands. Sometimes not just sponsorship, but the creation and promotion of thematic festivals. For example, the Insight Urban Sound festival, which developed and supported Heineken. The recognizable red star on a green background is well associated with the main brand and sponsor of the event. Or Ballantine's whiskey, which until 2015 held a WORK & ROCK Battle music contest. The task - to find among the office quietly musical talents.
Retreat: a little about how your brain works
I almost forgot to tell an important detail, so that it was clear how the advertising works, in which they don’t even call the promoted product. Advertising has a property - it is refreshing, and sometimes it creates sustainable associations. About this in the book "How to grow brands," says Byron Sharp. Roughly speaking, the brighter your brand, the more interesting the idea, the better potential customers will remember you. Ideally, to create an association with a certain moment or situation in life, as did the "Sprite" that quenches the thirst or the "Snickers" that alleviates hunger.
At the University of Chicago over the students conducted an experiment. One group was fed with delicious expensive popcorn. The second showed a bright and colorful advertising of this popcorn, but fed cheap and almost plastic. The third group of "lucky ones" received a boring advertisement and tasteless popcorn. A week later, participants were asked how much they liked popcorn and the brightest answers were from the second group, which saw compelling advertising. Those who tried this product, they were impressed much less. Their impressions were at the level of the third group. I hope they were given a free trial.It turns out, advertising is capable of forming false memories that wake up at the time of purchase. To evoke these memories, simply mentioning the brand is enough.
Another example of a bright association. A couple of years ago, Czech entrepreneurs sent a gift on the Moscow River to residents of the capital - a huge wooden goat with a two-story house. It is immediately clear to everyone what entrepreneurs and what brand of beer was remembered by all foam lovers.
On the river launched a wooden goat with a three-story height
Another example of such a PR tool. Efes sponsored beer yoga classes in Russia, which is gaining popularity in the world. The report showed several leading channels.
Here it is - a dream sport!
On the eve of the World Cup, Russia allowed limited advertising of alcoholic beverages for several years. We noticed how many non-alcoholic beer appeared on TV, and with the participation of people - for the first time since 2005. And go to the store - this beer and there is no trace on the shelves, but interest in brands is heated. Advertise “nulevka”, and on the shelves only alcoholic version. How can you not remember South Park?
Good parody of the tricks of marketers
Points of sale
Everything is legal here. Advertise in the distribution points of alcohol is possible and, accordingly, necessary. Here you can use interactive panels, large screens with commercials, arrange tasting events (18+), and at least launch growth growth bottles for hugging.
Direct contact with the audience in HoReCa channels (hotel, restaurant, cafe) is one of the most effective ways to advertise alcohol. This may include bonuses to distributors for the sold goods of a certain brand, for recommending them to visitors, branding parties, creating their own points of contact. For example, Heineken has training courses on the correct pouring of a frothy drink, while Diageo (Johnnie Walker, Guinness, Smirnoff, Baileys, Cuervo, Captain Morgan) holds courses and bartender competitions annually.
The Law “On Advertising” prohibits advertising of tobacco, tobacco products, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, cigarette lighters. Everything is tough here. Accountability attracts everyone - brands and distributors. Fines - from 3 to 600 thousand rubles. Everyone noticed that before the screenings of the films are now everywhere warning labels, and cigarettes neatly zamylyutsya editors?
Google, "VKontakte", Facebook is not allowed to advertise anything related to smoking tobacco. The production of cigarettes is falling. According to economists' forecasts, the total output by 2019 will decrease by 22% (in piece terms). But! The cost of the market will increase by 7%! No one expects the collapse and general bankruptcy of nicotine monsters - they will continue to receive revenue, because they find ways to contact with consumers.
When it is impossible to attract a new audience to smoking, brands maintain a loyal consumer base. Communication is through email-mailing or closed sites. Contacts get during polls. I'm sure a girl came up to you in the supermarket and asked if you smoked. I didn’t, therefore they let me go further, but usually this question is followed by testing and data collection. Sometimes they can offer to change a pack of your cigarettes to a new brand. But it is half rightful, because you can’t give cigarettes either.
Active contacts of the potential audience are collected at public events. For example, last year at the “Chernozem” festival in the middle of the field there was such a bus - the residence, as it later became clear, British American Tobacco - a brand that unites cigarette brands Next, Dunhill, Vogue.
The glasses were opaque, only smokers were allowed inside, everyone was satisfied with a tobacco fleur, in funny hats and, apparently, with new packs of cigarettes. Of course, they will all go to their cities all over Russia and tell friends how lucky they are with freebies, show funny glasses and hats, make thousands of posts on social networks with the right comments. By the way, on the background of the beer sponsors quietly spread their tents - that’s who have incomparably fewer problems.
How else can you advertise what you can't call?
At once I will say that the ban on advertising tobacco and everything connected with it is quite clear and does not imply any reservations, as is the case with wine or beer. Therefore, it is better to pre-pledge the amount of the potential fine in the advertising budget and after that calculate the campaign effectiveness.
- Advertising on cigarette packs. You can briefly talk about the new variety of tobacco, about the unique features, perhaps about the lower content of nicotine, etc. But you remember that, according to the law, there should be warning labels and frightening photos on the packs. So there will be little space for advertising.
- Branding events. As in the case of alcohol, a closed party can be told in the media, illustrated with photos from the event. Photos, which skip familiar logos.
- Work with bloggers. As in the case of alcohol, a popular blogger can make a video or an article mentioning a certain brand of cigarettes, tell you what you liked about hookahs or lighters. It is important that the information is organically woven into the usual content, so a good copywriter does not hurt.
Who seeks will always find
The law is harsh and there are a lot of problems with it, but it is almost impossible to completely stop brand communication with consumers. Especially when it comes to everyday products. No matter how hard we try to forbid, before the series of our favorite series, we all hear how many domains and addresses Jojkazino changed, and walking around Peter every now and then you see “night butterflies” phones under your feet. Advertising will exist as long as there is demand - you just need to connect the imagination!