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The ad from hell,[link widoczny dla zalogowanych]
Last fall, when Just for Feet CEO Harold Ruttenberg learned his company had nailed down a coveted time slot for a third-quarter Super Bowl ad, the sneaker mogul could hardly contain his jubilation. Though a public corporation with over $775 million in annual sales, ranked No. 6 in Fortune magazine recent list of Fastest Growing Companies, Just for Feet had never before tried its hand at national brand advertising. specialize in selling shoes, not commercials, Ruttenberg says. had never before created hoopla. Now, here was a chance to burnish Just for Feet corporate reputation and brand image on a national scale. He says he couldn wait to tell viewers about the footwear chain friendly atmosphere, its neighborliness, its reputation for social responsibility. a family type of retailer that caters to a family atmosphere,[link widoczny dla zalogowanych], he says. got shoes we sell. We got a public that we love. It a very dynamic atmosphere we have in our stores. Here was an opportunity to tell our story to the largest audience in the world. hoopla, as Ruttenberg would soon learn, didn come cheap. Ruttenberg thought the expense was worth it. As he saw it, the ad would bring about a groundswell of public goodwill. we were looking to do was to start to build our brand, he told me. we wanted was for people to see this and say, that was terrific. Now we customers of yours. We want to shop with you. McBride, creative director at Wieden, Kennedy and lead creative on the Nike account, remembers his reaction on the evening of Jan. 31, when he first saw the Just for Feet ad. minute I saw it, I immediately went shit, and I went, can go on. I just couldn believe that they had done this. The men drive ahead to offer the runner a cup of water laced with a knockout drug. The runner drinks the water, and immediately collapses to the ground, unconscious. While he is passed out, the white men force a pair of Nikes on his feet. When the runner awakens, he sees the sneakers and begins shouting and flailing. No! he cries. He then scrambles to his feet and runs away, still trying to shake the shoes from his feet.
Chuck McBride wasn the only person who hated the ad. insensitive, declared Stuart Elliott in the New York Times. Writing in Advertising Age, Bob Garfield called the ad culturally imperialist, and probably racist. Have these people lost their minds? The Des Moines Register, expressing incredulity at the fact that for Feet would spend millions of dollars to come up with something that makes Denny and Texaco look like abolitionists, suggested a name change for the athletic footwear chain: for Racists. As punishment, the paper suggested in an editorial, ad agency who signed off on the commercial should be required to come up with a campaign that shows the worst about their own cultures. Then they should be drenched in a bucket of water, made to fall on their backs, and shackled. Ruttenberg had a better idea. On March 15, 1999, Just for Feet sued Saatchi and Saatchi for $10 million, arguing the Super Bowl commercial was so bad it amounted to advertising malpractice. Saatchi assured Just for Feet that the commercial Saatchi conceived and produced would be well received by the public, reads the complaint, filed in federal district court in Birmingham, Ala. as a direct consequence of Saatchi appallingly unacceptable and shockingly unprofessional performance, Just for Feet favorable reputation has come under attack, its reputation has suffered, and it has been subjected to the entirely unfounded and unintended public perception that it is a racist or racially insensitive company. Far from glorifying the company role in advancing civilization and promoting social betterment, Just for Feet argues, the ad creates the impression that the footwear retailer is culturally insensitive and condescending, [and] promotes drugs. This impression, the company states in its complaint, contrary to the deepest held principles of Just for Feet, which has always sought to promote racial harmony, finds racism abhorrent, and condemns drug use. consternation is understandable. What less understandable is why he let the spot out the door in the first place,[link widoczny dla zalogowanych], given his claim that he knew all along it was odious. [Saatchi] first came to Birmingham and showed it to us,[link widoczny dla zalogowanych], we were flabbergasted,[link widoczny dla zalogowanych], he told me. were frankly kind of horrified. But Saatchi Saatchi assured us this was the best thing they had ever done. Ruttenberg says he tried hard to swallow his misgivings. didn want anything controversial, he says. a family-oriented company. We make our stores a fun place to shop. What we wanted was a fun sort of ad. Something like that little Mexican dog [referring to a Taco Bell ad featuring a chihuahua]. That would have been fine. is suing Saatchi Saatchi because he says it badgered him into buying an ad he hated,[link widoczny dla zalogowanych], an ad that ran against his will and over his objections,[link widoczny dla zalogowanych], before a global audience of 127 million viewers. spent a fortune of money that not even in this lawsuit in preparation for this commercial,[link widoczny dla zalogowanych], he fumes. took out advertisements. We gave away more than $1 million of product. Then the ad runs. And you would would not believe the deluge of comments made about this company. I couldn sleep for a solid month. And it all because of these guys who said they knew everything. bottom line, he says, is that said They said They said they knew better. And we are prepared to swear that under oath. a judge struck down Saatchi motion for dismissal, and ordered the suit to go forward. (Just for Feet is also suing Fox, the network that carried the Super Bowl, for running the ad during the often less-viewed fourth quarter instead of the third. On the face of it, this action would seem to be a rerun of the old joke in which one old lady complains about how bad the food is, and her friend chimes in And such small portions! except for the fact that Just for Feet had invested substantially in promotions geared to viewers watching the third quarter.) As the discovery process gets under way, with lawyers for the footwear chain drawing up witness lists and subpoenas, the lawsuit which is apparently unprecedented is being closely watched by advertising executives who say it has the potential to bring about a sea change in the industry. After all, according to its legal complaint, Just for Feet is suing Saatchi not only for exposing the company to charges of racism, but for creating an ad that was and by the media and the advertising industry. like these send chills up the spine of agency creatives, who have long been accustomed to cutting themselves a wide berth. at Wieden, we have a saying called Freedom to Fail,[link widoczny dla zalogowanych], says Chuck McBride of Wieden Kennedy. want to give everyone the freedom to fail. And I think that a good way to think about advertising. It hard to come up with something truly great unless it walks that precarious line of, no, is it really horrible? I would feel gun-shy if I knew that every time I did something really horrible, I end up in court. Just for Feet lawyers respond that the Super Bowl ad was no run-of-the-mill clunker but a shocking political and cultural gaffe that triggered a corporate crisis. not just talking about a commercial that fell a little flat, says Robert Trezinsky of the New York law firm Thatcher, Proffit Wood, who along with the Birmingham firm of Sirote and Permutt is litigating the case for Just for Feet. talking about exposing a client to some very serious allegations. An agency has a duty to the client to consider these issues. no court has yet spelled out what constitutes malpractice in advertising, Trezinski says that the intensity of the wrath aroused by the ad makes it the perfect test case. you hire an advertising professional, you assume they will have the expertise to actually promote what you are advertising, he says. when they come up with an ad that does not promote, but instead, shocks the conscience, then the standards of that profession have clearly been breached. And we proceed to show that in court. no one from Saatchi would talk on the record, the essence of its defense can be gleaned from Saatchi response to Just for Feet complaint. The thrust of Saatchi defense appears to be that it can be sued for violating professional standards in a field that has none. imposition of a punitive damage award in the absence of explicit, particularized guidelines and standards is highly unfair, Saatchi lawyers write. award made in the absence of such guidelines and standards may be grossly excessive, disproportionate, arbitrary, and irrational. on the condition of anonymity, a Saatchi Saatchi employee denied any racist predilections, and insisted the ad had served its purpose. we were trying to say subliminally is: here is this athletic shoe retailer, who is either in your community now, or is coming to your community, the employee says. at the core of these people is a passion for feet, a passion for getting the right shoes on the right feet. Even to the point where perhaps they might go too far. Asked if it was wise to identify that passion with a pack of white commandos who hunt down and drug a barefoot black runner, the employee groaned. the way along the line, multi-racial casting was used, he said. of the men in the Humvee is actually an African-American. And we also had a Hispanic woman The problem is that when [the ad] goes by in 30 seconds, you don necessarily notice that there is an African-American. What of the Hispanic woman? Hispanic woman, unfortunately,[link widoczny dla zalogowanych], is exceedingly light-skinned. And it exceedingly difficult to tell she a woman. course, one might argue that, considering the hair-trigger racial semiotics involved, even having a multicultural posse hunting down a black man isn going to cut it. But the strange case of Just for Feet vs. Saatchi Saatchi is more than a cautionary parable about identity politics. It also raises the question of what it means to commit advertising malpractice in a medium (and a culture) that increasingly prides itself on pushing the envelope, defying norms and, yes, shocking the conscience and that often reserves its most glittering laurels for ads that deliver a gratuitous jolt to the viewer.
love cheeky humor that walks the fine line of good taste, says Brian O chairman and chief creative officer of Goldberg, Moser, O in San Francisco. it strong enough and smart enough and funny enough, there no question but that you go with it. O was the creator of the recent ads for Kia Motors, in which beloved Uncle Carl, on his deathbed, shares with his teenage nephews a final wish: he wants his ashes to be strewn on top of a mountain, that I may join with eternity in a moment of quiet reflection. Cut to the teens barrelling up the mountain in a Kia. The urn is strapped to the back seat, bouncing violently. Ashes are coming out. When they arrive at the mountaintop, the teens look at the urn, and see that it is empty. Carl, they giggle.
After the ad ran, O says, the agency braced for a backlash. thought we get some letters, he says. thought some people might find it to be a little bit upsetting. O was nonplussed when the only complaints came from an unexpected quarter. really got it from the environmentalists, he says. the kids knocked over too many bushes on the way up the hill. Yet DiPiazza says MTV has received no complaints. The network gets away with it, DiPiazza says, because obvious we having fun. And we treated the genre with a lot of respect. You can push the limits a little bit, as long as it done with good humor, and it coming from a smart place. hindsight, DiPiazza says, it easy to see how Saatchi put its foot in its mouth. can imagine what happened, he says. said, I got it. We track a Kenyan runner through the desert and Just for Feet puts shoes on him! I mean, on that level, it sounds epic. Where it went from there, DiPiazza says, where the badness happened. says he can think of only one successful example of an ad in which a human being is hunted. was an ad for Airwalk snow boots. It was these people, flying around in helicopters. And there was this Mutual-of-Omaha voiceover: we studying the migrating habits of the Alpine snowboarder. You see an aerial shot of a bunch of snowboarders. One of them fallen way behind. The men in the helicopter pull out a tranquilizer gun and shoot the stray. Then they land, and they say, the problem. It his snow boots. So they put some Airwalk snow boots on him, give him a pat on the ass. And right away, he shoots off, and catches up with the rest of the pack. And they look at each other and say, a great day. DiPiazza is growing animated. know what? he says. can hunt a person. It been done before. It funny. They treated it like a joke. The reaction to being shot by the tranquilizer gun was done really well. Saatchi Saatchi just blew it. They made a mistake at every turn. main problem, says DiPiazza, is that the ad failed to exude the requisite sense of postmodern knowingness. not sure if they being serious, or if they actually trying to be offensive,[link widoczny dla zalogowanych], and having fun with it, he says. you going to hunt a human,[link widoczny dla zalogowanych], you got to really chase the guy down. I mean, bring in helicopters and commandos, you know? When someone pushing the envelope, you need to know they know they pushing the envelope. is near-universal agreement that for all its flaws, the ad would have attracted little notice had Just for Feet not opted to broadcast it during the Super Bowl, the most-watched television event in the nation, and lately a showcase for show-stopping creative work. you put an ad in the Super Bowl, you really are putting it in an environment where ads are judged from start to finish, says Jimmy Siegel, executive creative director at BBDO Worldwide. waiting for your ad to tank. Everyone waiting to rip it to shreds I mean, this isn the NFL game of the week. You really are putting yourself out there and saying, look at us. What do you guys think? who produced the Visa Check Card spots that aired during the 1997 Super Bowl, says the cutthroat environment can put a premium on edginess. no glory in it, says Siegel of doing Super Bowl ads. so under the microscope,[link widoczny dla zalogowanych], it impossible to do things that seep into the culture. The feeling is that you just there to do ads that hit people on the chin. Inn certainly accomplished that in 1997, when it hired Fallon McElligot to produce a 30-second Super Bowl ad, the theme of which was supposed to be the hotel chain $1 billion renovation. To dramatize this message of rebirth and renewal, the agency produced a spot about a voluptuous transsexual, Johnson, who surprises classmates at a 20-year college reunion. The ad was widely derided, and was eventually pulled after just one airing.
funny, says Wieden Kennedy McBride. a certain point, both clients and agencies go mad when they try to do the Super Bowl. They just go into this frenzy, and lose all sense of judgment. Everyone wants to do the thing that gets talked about the next day. Talk about pressure. McBride sighs. a way, he says, good that this happened. It good that someone finally went too far. Maybe we all needed to be reminded that there are limits; that there are lines you shouldn cross. Especially these days. if some were happy to see Saatchi overreaching creatives taken down a peg or two, others say the case will send exactly the wrong message. Provocateurs like Brian O fear clients will use Just for Feet comeuppance as an excuse for favoring timid, orthodox work. always saying to clients, take a risk, make a leap of faith, he says. last thing we need is for clients to be wary of the good stuff This is a lapse of responsibility on the part of an agency that will hurt all agencies in terms of how we perceived. Saatchi miscue breakthrough advertising a bad name, agrees Lee Kovel of Kovel Fuller in Los Angeles. says to clients that risky advertising is a major liability, when the fact is that the liability is not the work itself. The liability is not approaching the partnership in the right way. fact, in its legal complaint,[link widoczny dla zalogowanych], Just for Feet makes clear that the company viewed itself not as a partner, but as a tremulous innocent, unsure about how to reach the public, and completely hypnotized by the expertise of Saatchi Saatchi. In an unusual move, the company confesses to impotence in a central area of business performance: marketing. In this version, did not present the final version of the Kenya commercial to Just for Feet until shortly before the Super Bowl, at which time Just for Feet expressed [its] misgivings and dissatisfaction. Saatchi, sticking by its guns,[link widoczny dla zalogowanych], then Just for Feet that the commercial would be well-received, based on Saatchi expertise and experience with national advertising and marketing. In retrospect, the company confidence was misplaced. for Feet never would have allowed Saatchi commercial to be broadcast if it had anticipated such a negative and unintended reaction, instead of the favorable reaction that it was assured of by Saatchi, the advertising and marketing expert in which Just for Feet placed its faith. creatives roll their eyes at this sort of calculated naiveti. saying they these little country bumpkins from Birmingham, says BBDO Siegel. mean, this is the fastest-growing athletic footwear company in the country. Presumably they have marketing experts, brand managers whose business it is to know what the company should be saying, what the message should be. You can just blame it all on Saatchi. Others also have a hard time swallowing the concept of a litigious footwear tycoon who so conflict-averse he can say no in a meeting. kill work every day, says Jill Schroeder, chairman of the Lodge. kill it when it in its conceptual stages. They kill it when it being produced. They kill it after it been produced and is already in the can. They just say they don want to run it. No other explanation given. For a client to say he so mesmerized by Saatchi that he lost control of his own decision-making process and conceded all decisions to Saatchi is ridiculous. for his part, admits he no country bumpkin, but points out that this was his company first foray into the amorphous terrain of advertising. had done newspaper inserts, saying, on sale this week for $19.99, he says. had never done anything like this before in our life. To make matters worse, Ruttenberg says, he was manipulated by Saatchi creative team, who demanded total freedom and autonomy, then turned into sniveling children when he had the temerity to criticize their work. came in and showed me the half-finished product. They said how much they liked it. I said it was unacceptable. At that point, Ruttenberg says, the lead creative remarked that he was batting for 1000, and that he felt Ruttenberg barks a sad little laugh. feels crushed? It costing me millions of dollars and he feels crushed? I told him to get over it. crushed, I told him, we out of pocket. Ayer Son Advertising Agency, image-maker for such august corporations as General Electric and AT In the 1930s, Marchand writes, Ayer was frequently mocked for its pretentious and archaic language ( the sea of the centuries man sails the ship of his dreams its dignified format and exalted headlines and its sage maxims (the agency own motto was Everlastingly At It will not find any smelly underwear, bad breath, skin eruptions, discolored teeth, violent coughing, streaming eyes or odoriferous armpits in Ayer copy and art, wrote a former Ayer employee in 1933. Such ridicule, Marchand notes, did not unsettle Ayer. Ayer Son as too conservative? answer to this, replied Ayer Sr, that we have much to conserve Great interests are entrusted to us. for Feet is no AT or GE; still, it hard not to be moved when Harold Ruttenberg extols the glories of his footwear empire its half-court basketball hoops and its huge video screens, its reputation for neighborliness and fumes, people had no right to put us at risk. But among some creatives, the Just for Feet lawsuit has prompted a round of soul-searching about what it mean
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