Deception in marketing: Implications for consumer product warnings

Abstract: One of the goals of human factors is to make things and tasks easier, more productive, and safer by using scientific findings and good practices. But the fields of marketing and advertising use similar methods and tests to collect data from people but have different goals than human factors people. Marketers want to make their product advertising noticeable, memorable, convincing, produce positive beliefs that the product is useful and safe. A fundamental principle of safety is that when products have hazards that are not designed out or guarded against, then there should be warnings about those hazards so that users can easily apprehend the information and act to avoid the hazards.Many products have inadequate warnings, lacking information on the actual (and often known) risks. Thus, people do not get necessary information to use in decision making to protect themselves. But lawsuits alleging personal injury from products often show that companies “hide” or obscure some of the negatives associated with their product. An explanation for this is that the sellers/manufacturers are worried about the potential for warnings having negative effects on sales. It would be a competitive disadvantage to give prominent warnings when other brands having the same safety profile only have absent or inadequate warnings. Of course, the other brands could put good warnings on their products, but it is unlikely if their sales increase as a result. People may think the poorly warned product is safer. Sometimes a whole industry wants the federal regulatory agencies to require specific warnings so that all companies have the same competitive disadvantage (e.g., as was the case with airbag warnings). Nevertheless, if a product needs a warning to use it safely and proper warnings were absent or inadequate then the manufacturer can be found liable for plaintiff’s injury. The likely success by parties in lawsuits can depend on whether an effective warning was provided.Marketing tries to obscure hazards whereas human factors people want to expose hazards through effective warnings. There are many opportunities that a manufacturer can use to warn users (e.g., on labels, manuals, etc.). One opportunity that is not used is in advertising. The only warnings in broadcast TV are in advertisements for prescription drugs because the U.S. FDA requires a balanced presentation of risks and benefits when information is provided by manufacturers. But most everything else that is advertised has no warnings whatsoever. General phrases may be given such as “Use as directed” or “Drink responsibly” but these are generic and ineffective. Advertising content is imbalanced: ads give only the benefits and no risks. Also, the messages can have double meanings that may generate inaccurate beliefs about safety. There are other deceptive methods are being used in marketing including the collection of personal information without awareness of users, making some tasks purposely difficult, popups that interfere with main tasks, among others. Human factors could use their knowledge within their discipline to expose and potentially to counteract the use marketing techniques that negatively affect users.

Keywords: Marketing Warning Safety Deception

DOI: 10.54941/ahfe1006313

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