Hot Topics in Retail for 2024
Speakers from the music, apparel, and luxury jewelry sectors discussed a range of issues pertaining to retail, including: consumer protection, regulatory compliance, intellectual property, contractual obligations, sustainability practices, customer loyalty programs, and omnichannel experiences.
Key Takeaways
Aim for integration. Ensure that online and offline experiences are fully integrated to provide customers with convenience and ease of shopping. Prioritize an understanding of customer preferences and tailor experiences both online and offline to meet their needs. While it's important to create engaging and exciting experiences in physical stores to attract and retain customers, digital advertising offers the advantage of measurability, allowing advertisers to assess the effectiveness of their spending. Maintain a cohesive brand narrative across all channels to effectively communicate brand values and identity.
Combat counterfeits. Train staff to recognize fraudulent products and take measures to protect brand integrity.
Adhere to FTC guidelines. Ensure compliance with FTC guidelines regarding endorsements and testimonials in advertising to maintain transparency with consumers.
Consider working with influencers. Make sure they are aligned with your brand's messaging for authenticity. Regularly monitor their content to verify compliance with agreements and brand messaging, as the responsibility ultimately falls on the brand. Customize agreements with influencers to suit your brand's needs, ensuring they include appropriate language such as "#ad" for sponsored content. Strive for a balanced approach to influencer marketing, incorporating a mix of celebrity endorsements, micro-influencers, and viral product strategies that can drive organic conversation and engagement.
Leverage location agreements. Be prepared for opportunities like filming in-store by having these contracts in place, which can contribute to brand exposure and storytelling.
Seek out partnerships. Look for creative collaborations with TV shows or movies that align with your brand's values and audience, potentially leading to unique brand narratives and increased visibility.
Do your research. This helps brands understand their existing customers' needs and preferences, as well as identifying opportunities to attract new customers. Due to privacy regulations, it has become more difficult to accurately measure the impact of marketing efficacy. Incrementality testing allows brands to determine the effectiveness of their marketing spend in driving desired outcomes.
CLE Materials
- California Assembly Bill No. 1305
- California's Climate Disclosure Requirements: An Overview of Senate Bills 253 and 261
- CCPA Enforcement Case Examples
- Earth Island Institute v. The Coca-Cola Company
- EU Corporate Sustainability Directive
- New York State Open Legislation: Section 520-E
- The State of New York v. JBS USA Food Company
Source
"Hot Topics in Retail for 2024." David Ash, CEO and general counsel at Sam Ash Music; Karen Ash, partner at Katten Muchin Rosenman LLP; Jessica Kraver, partner at Katten Muchin Rosenman LLP; Benjamin Harris, chief commercial officer at Rag & Bone; Pamela Weinstock, managing counsel of intellectual property at Tiffany & Co. 2024 ANA Advertising Law 1-Day Conference, 3/20/24.