The judgement by the Federal Court presiding officer in the ACCC case against Coles will have significant consequences. However, Coles has already lost much in the court of public opinion with respect to brand damage and reputation.

Where does the truth lie, and to what extent does that matter?

The current court case involving the ACCC (Australian Competition and Consumer Commission) and Coles raises many issues within the marketing and advertising disciplines.

This is a case of two distinct parts, being:

Down, Down Advertising

The advertising theme of “Down, Down, Prices are down” is non-specific and not quantifiable.

To many legally-inclined individuals it is a representation – enticing, tempting and potentially compelling. The intention may be to simply stimulate interest.

PRICING POLICIES

The pricing specifics detail comparative prices. To a lay person that does not outline time frames. A fine line, but important. The facts are the facts. Morality and social conscience are differing aspects.

Guilty, not guilty and innocence will be determined by legal considerations.

Brand damage is probable or already a reality, regardless of legal judgement.

Countless claims are made each day, like:

· We won’t be beaten on price

· We have the biggest range

· This is the best customer service

· Nobody matches our quality

Prove it. Quantify it. Monetarise it.

Do such contentions apply at all times or during specific campaigns? Are they limited to time spans, dates, particular trading hours, localities or nominated premises?

THE BIG LIE

Contemplate for the moment. “Down, Down”. Is that down, down from or down, down to? What exactly is the datum point? Or, how ironic, is it simply the status quo? And is that the British band that formed in 1962; accumulated more than 108 million album and record sales, opened the Live Aid concert in London and had a chart-topping hit record titled:

“Down, Down”

Two surviving members of the band were retained by Coles to feature in the extensive advertising campaign.

If that is not exactly clear or definitive, consider this. The English language is fluid and evolving. Reportedly, the 500 most used and common words in the language have up to 20,000 different meanings.

I understand. Good. Many are not so sure.

Back to the court case. The presiding officer and members of any jury are required to apply the principle of the reasonable man. That is, what would the reasonable man conclude and determine?

It sounds reasonable. How many of a panel of twelve jurors are, or do appropriately assume the role of the reasonable man?

BE SPECIFIC

Let’s extend the underlying principle. What of the job applicants, the consultants and senior executives who declare that they have studied particular subjects and disciplines at nominated universities or colleges of advanced education?

Does that mean they have graduated and been awarded a degree? Not necessarily.

Personally, I have been to Oxford, Cambridge, Havard and Stanford. Hopefully, you are impressed. I have not studied at or graduated from any of those iconic institutions.

Some things that are presented as impressive do not fulfill the framework of:

The truth, the whole truth

And nothing but the truth.

Compounding the problem with “Down, Down” is that most Australians can read, but not necessarily English. That complicates matters.

Moreover, notwithstanding their capabilities, many Australians don’t read … particularly advertising, merchandising and product labels.

Misled or misleading … by self-invoked, indifference, negligence and naivity.

MALICIOUS INTENT

Criminal and civil guilt is often based on proof of malicious intent. That is, not actions, statements and practices which were or are unintentional, accidental or undertaken with reckless disregard of consequences.

A key and fundamental message to all in commerce is avoid the temptation, opportunity or reality of meddling in the mire.

In short, leave well enough alone topics like the ACCC:Coles court case. Do however learn the valuable lessons that have evolved and unfolded in and from the legal proceedings.

A little Latin please:

VINCIT VERITAS

That is, truth conquers

Barry Urquhart

Marketing Strategist/

Conference Keynote Speaker

Marketing Focus

M: 041 983 5555

E: urquhart@marketingfocus.net.au