Sunday 26 May 2013

Exploiting advertising regulation as tool for marketing warfare

In marketing, professionals agree that marketing battle is synonymous with competition, but bearing in mind market cluster and consumer decision instability. Marketing described as a game of the smart, should be exercised with caution  so that industry players will not callously engage in marketing war to achieve their objective.
It is often heard how some market leaders, major industry players fight to sustain their positions. Today, it is becoming a deadly act  in order to remain on the ladder. The question that readily comes to mind is: should players in the same industry destroy one another?  If marketing strategies are rightly carved out from the onset, industries will rather focus on adding value rather than engaging in marketing activities that are basically propelled for selfish interest.
Like Steven Covey in his Eight Habits of Highly Effective People said: “It’s incredibly easy to get caught up in an activity trap, in the busy-ness of life, to work harder and harder at efficiently climbing the ladder of success only to discover it’s leaning against the wrong wall. It is possible to be busy – very busy – without being very effective.”
Seth Godin, Business author and blogger, once said, “Marketing is not an emergency. It’s a planned, thoughtful exercise that started  long time ago and doesn’t end until one is done.”
In a brewery  industry characterised by a de-facto duopoly structure as fragmented fringe players, increasing consumer demand for variety is an opportunity for these players to tap more into the marketing opportunities.
The thrust is, APCON recently,  through its Advertising Standards Panel (ASP), banned Guinness of all advertisements on  its alcoholic beverages for violation of advertising statutes in Nigeria. It is very interesting to note that this move, according to the ASP, an arm of APCON charged with the responsibility to stop “impunity and disregard for advertising law” irrespective of the standing or size of the personae involved.
On this regard, this move ought to be applauded by all stakeholders to the advertising business in Nigeria, but it seems to be generating pockets of discussion here and there.
The action of APCON which it highlighted in a statement credited to its Registrar/Chief Executive, Alhaji Garba Bello Kankarofi claiming that failure to deliver this verdict against Guinness would have been tantamount to folding its arms while the law is violated and defenseless Nigerians like the aged and minor, generally regarded as vulnerable in advertising are taken undue advantage of.
It’s APCON’s duty to ensure that all parties play according to the rules of the game no matter how highly placed, an individual or companies. It is also imperative that the regulator should protect the vulnerable from mindless entrepreneurs who would stop at nothing to penetrate and dominate the minds of vulnerable Nigerians with a view to influencing their purchase decisions, even if it is personally detrimental to their well being.
The ASP has the same status as a Federal High Court in Nigeria and its sentences can only be reviewed by a properly constituted Court of Appeal. This places a high duty of responsibility and calls for caution to avert judicial recklessness because judicial sentences are not only generally regarded as wise and carefully arrived at, but are expected to be fair to all parties. This reinforces the general position in legal parlance that “he that comes to equity must come with clean hands.”

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