Thursday, December 5, 2019
Marketing & Advertising Law Free Solution for Students Click Now
Question: Discuss about the marketing advertising law. Answer: Introduction The modern businesses demand high magnitude of market engagement through the means of advertising and marketing. Seldom, does a business stand a chance, if the proper provision of Marketing and advertising are not put in the perfect slot prior to the reach of the larger market. As with the global observance on the campaigns and marketing efforts, it is estimated that significant amount of the drastic environmental effects caused through the extensive methods used in Marketing. Marketing is essential for the growth and the penetration of the products but it has created immense problem for the environment and the same has been put to debate over and over again. However, the regional influences have been the prime factor that has emerged as the guiding factor in the recent times. This can be best cited with an example and to provide an apt example the Australian Consumer Law will be taken into consideration and Kmart Corp will be discussed. Australian Consumer Law The Australian Consumer Law is legislation for consumer protection that commenced from January 2011. Unlike the United States, the Australian law has the strict venture in the consumer domain, S18 ACL, comprised in Schedule 2 of the act, prohibits the conduct by the corporation in the trade that has misleading or deceptive information. Moreover, recent advertisement efforts have been reviving on the issues that portray larger and provocative inputs through the marketing means worldwide (Intini Kuhtz, 2010). Hence, the Australian laws have been one of the better fronts in dealing with the issues. It has been noted that Green Marketing came into existence in the 1980s and 1990s when the Government and regulatory bodies were being more open to the exploitation of freedom of reduced coverage on Marketing regulations. Plans, tools, and inspiration branding on a sustainable note are the new rules for Green Marketing (Angelos et. al, 2011). Hence, the needs of the global reference to deal with such efforts are proving more rapid since more companies are gauging on the marketing options all around the world. Example Kmart Corp. had advertised biodegradable American paper plates wheresas, Tender Corp. had advertised biodegradable wet wipes for Bath, and Dyna-E had represented its towels as biodegradable product in the market. The factors were found to be untrue in later contexts of the marketing efforts by the companies. The factors were could not be found genuine and it was just to enhance the image of the product in the market. Though actions were taken, the larger vagueness of the infrastructure was visible. One of the other examples that depict the manifestation of Marketing Machines can be seen in contemporary campaigning in the United States of Reverend Billy and his backing up of the choir of the church of Stop Shopping. Using theater nonviolent direct action, and the protests of every kind, Bill Talen became a Public figure (Angelos et. al, 2011). The fallacy of the whole incident is the lack of focus on the marketing objectives as perceived of the campaigning efforts. However, few of the governmental effort has been the highlights worldwide to inhibit and control such kind of irrelevant and deviated outcome of Marketing., For instance, Certification was one of the primary projection of law that was made mandatory in certain countries followed by many more countries , especially in Europe. Certification is a market-based tool for and social and environmental change and is dependent upon companies and consumers sharing the common values and goals articulated in certification standards and guidelines (Johansson, 2002). As with the statement that defines the certification attribute, it is evident that all the marketing efforts are exposed to a certain degree of sophistication mainly that arises due to non-compliant groups involved in the production and circulation of marketing methods. Need and issue of Marketing and Advertisements Hence, the need of renewing and remaking the advertisements does not aid the environmental development that is the primary aim of the whole reformation pact being put forward. Green innovation can be specifically segregated into green products, as well as processes that include technological innovation that are reverent for the designing of green products, utilizing the energy efficient, recycling of waste, and technological parameters to avert the pollution (Chen, 2006). As observed, it is recommendable that the companies should undertake products and processes innovation to lessen the influence of the product and services on the environment (Intini Kuhtz, 2010). Green innovation is a big landmark and is highly recommended so that it provides immense stability to the overall business. The major issue that arises from the contextual references to the varied cases of malignity in the implication of Marketing efforts has put more reverence to the role of Government in the regulation of activities which otherwise has no effective regulatory norms. The government should Green advertising should be used by the government for promotion of the concept of green environment to enhance the awareness level so that environment can be protected. the environment (Nick, 2010). Hence, the need for an extra edge of reverence from the authorities is indeed the need of the time. It aims to provide development and balanced growth. Regulatory push is vastly needed to ensure that the results do not deviate and the companies follow the rules with proper reverence (Nick, 2010). Green Marketing Case Laws The landmark efforts that cover all scenario of product management, the performance and influences have been shown that the innovation of green product has positive effect on the performance of the firm and competitive capability (Paulette, 2005). On the contrary to the statement, the Private organizations generally tend to be profit driven and lack of primary regulatory methods fail to control the initial sections of companies and corporation , where the process of regulation could be yielding. But as with positive aspects portrayed, there are good chances of the awareness campaign by the authoritative agencies could be successful in implementation in the larger scope of Green Marketing. The government can implement the strategy of green advertising to enhance the concept of green environment in the context of environment protection (Abd Rahim, Ahmad Zukni, Ahmad, Lyndon, 2012).Especially in cases of multi-national companies who might spread all over but fails to cope with the inte gral part of laws that operate in each of countries under the reference. However, the introduction of Australian Consumer Law in 2011 has led to protection of consumer in Australia under one roof. Section 18 of ACL has replaced section 52 TPA. From the organizational point of view, there are not many negative influences that inhibit the growth aspects of the product or the company, since there is more international recognition and attributes that reside with Green Marketing. The firms can thereby enhance the inclusive performance of the environmental and total efficiency of the business by implementing the standard clause of ISO 14001 EMS. Amongst the benefits are perceived are; enhance the strong corporate image, reduce waste, minimization of costs, increasing satisfaction of the customer, enhancing productivity, enhanced goodwill, increased market share, and overall profitability.( Fotopoulos, Kafetzopoulos, 2011). Hence, it is evident that the laws in place are the only process of the conveyance of the rightful attributes with Green Marketing. It was held in the case of Taco Co vs. Taco Bell that conduct needs to be determined and tested to ascertain whether it is misleading or deceptive. It is noticeable that marketin g depends on the parameters of regional importance and the local governments should be active in the guidance through a corrective manner. Though, the vague operating efforts of Marketing with multinationals and conglomerates have been one of the larger issues that are uncontrollable with initial effects. These are escalated due to the various inclusive parameters that are either comprised of the reorganizations or the regulatory bodies that fail to efficiently include the transitional efforts. Another apt example is the case of ACCC vs. Charishma Mohini Wickremesesinghe Seneviratne where step was taken against Sevens International Ltd because of misleading concept under section 52 after the company advertised a fact that Safety Nature nappy were 100% biodegradable. However, it is noticeable that supported aspects of the green products, methods, as well as services have become major strategies of the business that are influenced by the factors of competitive issues and requirements of the customer (Posmas et. al, 2011). Hence, there are obvious reasons for successful implementation of the process if taken actively by the government and related bodies. Conclusion However, the larger observance of the need of law is just because, the current infrastructure does not put the emphasis on Environmental responsibility to all the organizations that operate around the world. Rather, much of the government regulations are limited to industries and other kinds of reserves. Hence, the only propaganda is awareness since there are more factors involved that do not directly come under the scope of governance. Green innovation is chiefly responsible for the development of a new product (Grundey Zaharia, 2008). The strength of the global competition and alterations in the preferences of the consumer based on greener prerogatives force the need of new product development that refers the development of green product. Thereafter environmental new product development (ENPD) is initiated that gather the issues of the environment into the design of the product (Shel,2013). Thus, re-designing products that are existing by utilizing the natural resources, productio n parameters, materials, and other disposables, with the goal to lessen the affect on environments can even be tagged as a green product. On the Contrary, the use of the term eco-design while providing explanation of the product is that to stress minimized Environmental influences without the compromise on the product criterions, like the quality and inclusive performance. (Shel, 2013). Hence, conclusively, there are collateral benefits from Green Marketing that are not being put forward , but the prospects remain with laws that could drive the need for an effective practical approach to the Environmental challenges being faced in the planet today. References Angelos L. Psomas, Christos V. Fotopoulos, Dimitrios P. K. (2011). Motives, difficulties and benefits in implementing the ISO 14001 Environmental Management System. Management of Environmental Quality: An International Journal, 22(4), 502 - 521 Belz F., Peattie K. (2009). Sustainability Marketing: A Global Perspective. John Wiley Sons Chen, Y., Lai, S., Wen, C. (2006). The Influence of Green Innovation Performance on Corporate Advantage in Taiwan. Journal of Business Ethics, 67(4), 331-339 Grundey, D. and Zaharia, R.M. (2008). Sustainable incentives in marketing and strategic greening: the cases of Lithuania and Romania Baltic. Journal on Sustainability, 14(2), 130 143 Intini, F. and Kuhtz, S. (2010). Recycling in buildings: an LCA case study of a thermal insulation panel made of polyester fiber, recycled from post-consumer PET bottles. International Journal of Life Cycle Assessment, 12(6), 122-141 Johansson, G. (2002). Success factors for integration of ecodesign in product development. A review of state of the art. Environmental Management and Health Levinson, J.C Horowitz, S. (2010). Guerrilla Marketing Goes Green. John Wiley Sons Nick R. (2010). The New Rules of Green Marketing: Strategies, Tools, and Inspiration for Sustainable Branding. Retrieved June 5 2016, Paulette T. (2005). How to Market Goods As Environmentally Friendly. Retrieved June 5 2016, Psomas, E. L., Fotopoulos, C. V, Kafetzopoulos, D. P. (2011). Motives, difficulties and benefits in implementing the ISO 14001 Environmental Management System. Management of Environmental Quality: An International Journal, 22(4), 112-132 Shel H . (2013). Marcal Rebrand Lets the World Know That It's Always Been , Green.
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