Neuromarketing; just a side note on a bizarre practice in the marketplace
Manipulated!!! I wasn't going to spend any money, but I did!
It's been going on for a couple of decades as advertisers learn how to directly target our unconscious brain processes. If they can bypass our intended decision-making and trigger an emotional purchase, they win, especially if we intended to pass up the item.
"... techniques used in the
ad to override the consumer’s rational decision-making process...."*
That moves beyond persuasion to coercion, of course. It intrudes well past a reasonable expectation of privacy inside our own heads. We'll all enjoy the coming court battles, probably on A&E.
The problem, as always, is that technology and culture change much faster than institutions and government regulation can.
Corporate neuromarketers:
There are more than 90 companies providing neuromarketing services to Fortune 500 companies. A partial list of entities that appear to be using those neuromarketing services and methods:
- A&E Television
- Blue Cross/Blue Shield
California
- Olive Ranch
- Campbell’s Soup
- CBS
- Citi
Daimler
- Disney
- Frito-Lay
- Google
- L’Oreal
- McDonald’s
- Microsoft
- Nestle
- Procter & Gamble
- Scottrade
- Starcom
- MediaVest
- Viacom
- The Weather Channel
The use of neuroscience to enhance advertising appeal raises a number of legal issues in
three broad areas:
• Consumer Protection*
As neuromarketing techniques become more sophisticated and
arguably more powerful, the industry will likely face increasing resistance from
regulators concerned that consumers are being misled into believing they want or
need a product they have no use for, or deceived into thinking a purchase arises from
their rational choice whereas in fact they are being induced to act based on stimulated
subconscious impulse. To regulators, these techniques may cross the line from fair
encouragement to unlawful coercion. At least one European regulatory agency has
already taken action against a financial services company employing neuromarketing.
We expect there will be similar enforcement actions in the United States before long.
|
... so well received by millions
... but it's still just product marketing for sales. |
• Privacy Issues*
Some of the more aggressive claims by neuromarketers about the
power of their techniques to understand brain function and impact behavior have
predictably raised privacy concerns among regulators and the general public. At a time
of increased sensitivity to corporate monitoring of consumer behavior, thanks largely to
the proliferation of Internet tracking and targeting technologies, the prospect of
additional intrusions into personal thought processes has raised heightened concern.
In addition to facing scrutiny by European data protection authorities and the Federal
Trade Commission, neuromarketers may soon be confronted by the burgeoning privacy
plaintiffs’ bar in the U.S., which in the last year alone has filed more than 150 lawsuits alleging that new marketing techniques, such as online behavioral advertising, violate
consumer privacy.
The use of neuromarketing techniques to induce purchase of a product
which, if misused, could cause personal injury, raises important questions under the
law of products liability. It is not at all difficult to imagine product liability claims being
asserted, especially by or on behalf of children and other vulnerable groups, that
neuromarketing wrongfully induced the claimants to use products that are
unreasonably dangerous for them, or to over-consume or become dependent on
unhealthy foods or beverages, by overriding their rational powers of self-control. Other
tort claims may be advanced under a theory that by penetrating to internal areas of
brain function, neuromarketing impermissibly “touches” a protected personal domain
giving rise to liability for battery or assault.
The U.S. Federal Trade Commission will also have keen interest in neuromarketing
techniques that are thought to be unduly persuasive, given the Commission’s mandate to
prohibit “unfair and deceptive” trade practices under Section 5 of the FTC Act, particularly when it is used to sell products to children.
*
from "Neuromarketing: Legal and Policy Issues" ~ Covington and Burling, LLP
Here's hoping for a full scale legal challenge and upheaval in the industry. But that's rather unlikely any time soon, isn't it.
So what course might we choose that will let us and our families choose our own values and lifestyle? Is there a vaccination for advertising vulnerability?
Hint: when your child mentions a brand name they prefer, is that reasoned thinking?