For most American football fans, the upcoming Super Bowl conjures fantasies of casual parties, junk food, beer, Madonna’s halftime performance, and, er. . . wardrobe malfunctions. Even those who are not football diehards eagerly await the parade of commercials, one funnier than the next, advertising everything from automobiles to snack food. The Super Bowl is a national event big enough that advertisers don’t just use their spots to sell product. They also use them to generate buzz and promote their brand, prompting content so quirky that some viewers can’t immediately tell what’s being sold. With ads being previewed and rated in advance on popular websites, the advertising campaigns have become a product in themselves.
Unsurprisingly, the hype surrounding Super Bowl advertisements has triggered government scrutiny. Just in time for the 2012 Super Bowl on February 5, the Federal Trade Commission’s Division of Advertising Practices issued a closing letter involving advertising practices employed during the 2011 Super Bowl. The November 16, 2011, FTC opinion highlights why all companies should have internal antitrust and consumer protection compliance programs in place. See Hyundai Motor America, FTC File No. 112-3110.
