A lawsuit by the US Federal Trade Commission (FTC) and seven states today alleges that radio ads for the Pixel 4 featured “made up testimonials by radio personalities.”
Google and iHeartMedia “paid influencers to promote products they never used, showing a blatant disrespect for truth-in-advertising rules.” The latter’s network is said to “reach more than 245 million listeners each month” with 850 AM and FM stations, as well as internet radio. According to a filing, Google paid iHeartMedia more than $2.6 million, while 11 smaller radio networks received $2 million.
At issue is how on-air personalities recorded endorsements without having used the phone, which was in part due to Google not being able to provide Pixel 4 units in time. Rather, these influencers were given scripts by Google, like the following that focused on the low-light photography and the new Google Assistant:
The only thing I love more than taking the perfect photo? Taking the perfect photo at night.
With Google Pixel 4 both are a cinch.
It’s my favorite phone camera out there, especially in low light, thanks to Night Sight
Mode.
I’ve been taking studio-like photos of everything… my son’s football game… a meteor shower… a rare spotted owl that landed in my backyard. Pics or it didn’t happen, am I right?
Pixel 4 is more than just great pics. It’s also great at helping me get stuff done, thanks to the new voice activated Google Assistant that can handle multiple tasks at once.
I can read up on the latest health fads, ask for directions to the nearest goat yoga class (yes, that’s a thing), and text the location to mom hands-free…
Google eventually sent out five units, but the FTC found that most of the influencers still did not possess a Pixel 4 to try out and make these radio ads, which ultimately aired nearly 29,000 times in late 2019 and 2020. This is in violation of the Federal Trade Commission Act and “constitute unfair or deceptive acts or practices in or affecting commerce.” Seven states (Arizona, California, Georgia, Illinois, Massachusetts, New York, and Texas) — also imposed $9.4 million in penalties.
Going forward, the FTC wants to “prohibit Google from misrepresenting that an endorser has owned or used, or about their experience with, certain products.” The agency is also seeking to:
Require Google and iHeartMedia to distribute the order to certain people, file compliance reports with the Commission, and keep records to allow the FTC to ensure compliance.
A lot of this reads as unforced logistics errors, especially since reviews bore out many of the claims that Google wanted to highlight. Meanwhile, the radio medium was an interesting channel for the company to pursue.
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