Tuesday, December 5, 2023

Disclaim check

We consumers must need protecting: I see more advertisements that include disclaimers. Pharmaceutical ads warn that a medication that treats hot flashes may cause hot flashes. Distillers encourage us to drink in moderation, with sober-looking actors surrounded by a bevvy of beverages. Sportsbooks encourage people with gambling problems to seek help from any one of a myriad of state agencies.

Recently, we created an ad for a lender and the disclaimer took up 40% of the ad space. The ad copy was 140 words; the disclaimer was 883 words, rendered in six point type.

Do disclaimers sway consumers? Unlikely. They provide air cover for advertisers that are under the thumb of regulatory agencies or the targets of class action lawsuits. Marketing and educational value is zilch.

There is a new twist in disclosure: I notice podcast advertisers playing disclaimers at high speed and low volume. One advertiser, Chumba Casino, condenses what might be 30 seconds of a disclaimer into two seconds of jumbled audio. Who is being served by this nonsense?

I realize that, in this litigious world, disclaimers help keep class-action lawsuits at bay. But man, there has to be a better way to educate consumers. 

Your milage may vary.


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