The Timing, Nature and Extent of Social Media Marketing by Unhealthy Food and Drinks Brands During the COVID-19 Pandemic in New Zealand

Background: Concerns have been raised that health and societal causes surrounding the COVID-19 pandemic were misappropriated by companies to promote their unhealthy products to vulnerable populations during a time of increased stress and hardship (i.e., COVID-washing). Social media is a common medium for unhealthy foods and beverage marketing due to lack of regulation and low levels of monitoring.Purpose: This study aimed to investigate the timing, nature and extent of COVID-washing on public social media accounts by New Zealand's major food and drink brands in the initial stage of the pandemic after the first case was detected in New Zealand and when stay-at-home lockdown restrictions (Level 4 and 3 Alert levels) were in place.Methods: A content analysis of social media posts from February to May 2020 by the twenty largest confectionery, snacks, non-alcoholic beverages, and quick-service restaurant (fast-food) brands was undertaken. COVID-19 related posts were identified and classified to investigate the timing, themes and engagement with social media marketing campaigns, flagging those that may breach New Zealand's Advertising Standards.Results: 14 of 20 unhealthy food and drink brands referenced COVID-19 in posts during the 4-month period, peaking during nationwide lockdown restrictions. Over a quarter of all posts by the 14 brands (n = 372, 27.2%) were COVID-19 themed. Fast-food brands were most likely to use COVID-19 themed posts (n = 251/550 posts, 46%). Fast-food brands also had the highest number of posts overall during the pandemic and the highest engagement. The most commonly-used theme, present in 36% of all social media posts referring to COVID-19, was to draw on feelings of community support during this challenging time. Suggesting brand-related isolation activities was also common (23%), and the message that “consumption helps with coping” (22%). Six posts were found to potentially breach one of New Zealand's advertising standards codes by promoting excessive consumption or targeting children.Conclusion: COVID-washing was used by unhealthy food and drinks brands to increase brand loyalty and encourage consumption. The current Advertising Standards system is ineffective and must be replaced with a government-led approach to effectively regulate social media advertising to protect all New Zealanders, particularly in times of crisis.

Time to tame the wild west: working together to tackle the training agenda and ensure appropriate qualifications

Sally Taber explores the steps that need to be taken to ensure public protection in non-surgical aesthetics, as well as the establishment of statutory regulation and advertising standards

Food Advertising to Children in New Zealand: A Critical Review of the Performance of a Self-Regulatory Complaints System Using a Public Health Law Framework

New Zealand has the second highest overweight and obese child population in the Organisation for Economic Co-operation and Development (OECD). This paper evaluates whether New Zealand’s self-regulatory controls on the advertising of unhealthy food and beverages to children and young people adequately protects children from the exposure to, and power of, such marketing in order to limit its impact on children’s food and beverage preferences. First, an analysis of the relevant New Zealand Advertising Standards Authority (ASA) Codes was conducted, including the ASA Complaints Board and Appeals Board decisions from 2017–2019 to determine the application of the Codes in practice. Second, a public health law framework was applied to the self-regulatory system. Of the 16 complaints assessed, 12 were not upheld, and only one was upheld under the Children and Young People’s Advertising Code (CYPA Code). Three complaints were upheld under the Advertising Standards Code (ASC) but not the CYPA Code. An analysis of the Codes and their interpretation by the Complaints Board found that many facets of the public health law framework were not met. The self-regulatory system does not adequately protect children from the exposure to, and power of, unhealthy food and beverage marketing, and government-led, comprehensive, and enforceable marketing restrictions are required.

Woke-washing: “intersectional” femvertising and branding “woke” bravery

Purpose This paper aims to explore how and why ideas regarding “intersectional” approaches to feminism and Black activism are drawn on in marketing content related to the concept of being “woke” (invested in addressing social injustices). It considers which subject positions are represented as part of this and what they reveal about contemporary issues concerning advertising, gender, race and activism. Design/methodology/approach This study involves an interpretive and critical discursive analysis of so-called feminist advertising (“femvertising”) and marketing examples that make use of Black social justice activist ideas. Findings Findings illuminate how marketing simultaneously enables the visibility and erasure of “intersectional”, feminist and Black social justice activist issues, with the use of key racialised and gendered subject positions: White Saviour, Black Excellence, Strong Black Woman (and Mother) and “Woke” Change Agent. Research limitations/implications This research signals how brands (mis)use issues concerning commercialised notions of feminism, equality and Black social justice activism as part of marketing that flattens and reframes liberationist politics while upholding the neoliberal idea that achievement and social change requires individual ambition and consumption rather than structural shifts and resistance. Practical implications This work can aid the development of advertising standards regulatory approaches which account for nuances of stereotypical representations and marketing’s connection to intersecting issues regarding racism and sexism. Originality/value This research outlines a conceptualisation of the branding of “woke” bravery, which expands our understanding of the interdependency of issues related to race, gender, feminism, activism and marketing. It highlights marketing responses to recent socio-political times, which are influenced by public discourse concerning movements, including Black Lives Matter and Me Too.

Are essay mills committing fraud? A further analysis of their behaviours vs the 2006 fraud act (UK)

Many strategies have been proposed to address the supply of bespoke essays and other assignments by companies often described as ‘Essay Mills’ with the act of supply and use being invariably described as ‘contract cheating’. These proposals increasingly refer to the law as a solution in common with other action. In this article, the lead author revisits work undertaken in 2016 as a result of recent legal and extra-legal developments to assess whether the UK Fraud Act (2006) might now be used to tackle some of the activities of the companies involved, by comparing their common practises, and their Terms and Conditions, with the Act. It was previously found that all sites have disclaimers regarding the use of their products but there were some obvious contradictions in the activities of the sites which undermined those disclaimers, for example plagiarism-free guarantees for the work. In this article, we ask and consider the question whether this is still the case having regard to the impact of a change in the law by the UK supreme court and recent action of the UK Advertising Standards Authority. We also consider whether a call for a new offence to be created which specifically targets the undesirable behaviours of these companies is still justified.

Misleading or misinformed? Investigations into irresponsible advertising

Recently, three companies were investigated by the Advertising Standards Authority after the Joint Council for Cosmetic Practitioners expressed concerns over advertising malpractice. Sally Taber explores how training companies can ensure truthful and responsible advertising

Compliance of plastic surgeons with advertising guidelines

Background: Changes in the marketing of plastic surgery services in Australia has resulted in more plastic surgeons advertising on personal professional websites. In May 2014 the Australian Health Practitioner Regulation Agency (AHPRA) published ‘Guidelines for advertising regulated health services’. This study evaluates the compliance of plastic surgeons with these advertising standards. Method: The professional websites for all members of the Australian Society of Plastic Surgeons (ASPS) were analysed using the AHPRA guidelines. Each website was assessed by two independent medical reviewers noting the use of deceptive advertising, gifts/discounts, comparison with other surgeons, website photos, inappropriate marketing phraseology to encourage surgery and the creation of unreasonable expectations. Results: Over 80 per cent of ASPS members are fully compliant with the AHPRA guidelines. Less than one per cent of surgeons listed information considered to be misleading, deceptive, or creating unreasonable expectations. Gifts or discounts were offered by 5.8 per cent, 5.5 per cent used inappropriate marketing phraseology, 4.9 per cent made comparisons with other surgeons and 1.3 per cent had website photos that did not comply with recommended guidelines. Thirty-four per cent of surgeons were on Facebook, 20.4 per cent on Twitter and 19.4 per cent on Instagram. Of NSW surgeons, 13.8 per cent of had inappropriate website photos. Approximately 19 per cent of surgeons in WA and SA used inappropriate marketing to encourage surgery. Conclusion: The majority of ASPS members are compliant with the national advertising guidelines. Regional non-compliance with specific areas was noted suggesting targeted education may be of benefit.