THE ETHICS OF PINKWASHING: Is pink the new black? But not all pink products — which signify
donation is not tied to product sales,”
to toasters, consumers may notice more
breast cancer awareness — carry an
Berg says.
product packaging increasingly turning
equal benefit.
From shoes to fried chicken and cars
Unfortunately, most charities are reluc-
Specifically, Berg’s research critically
tant to speak up against a business that
fashion than with marketers aligning with
analyzed the marketing ethics of Mike’s
donates money to them, Berg says. As a
breast cancer awareness. But is this always
Hard Pink Lemonade and KitchenAid Cook
result, she recommends that communication
a good thing?
for the Cure. Berg’s methods applied a test
practitioners and industry leaders should
shades of pink. The hue has less to do with
that measures the marketing campaign’s
take a stand for universal standards for
of public relations, found in her research
fulfillment of truthfulness, authenticity,
cause-related marketing.
that some brands may be engaging in
respect, equity and social responsibility.
Dr. Kati Tusinski Berg, assistant professor
a process known as “pinkwashing,” or
“The persuasive communication used in
marketing that has more to do with the
these campaigns fail to meet the five prin-
business bottom line than giving back.
ciples of the test,” Berg says. “We argue that
“Some companies take advantage of consumers’ concern about breast cancer,”
In one example, Mike’s Hard Lemonade failed to disclose on its packaging that its
marketing pink products while donating
donation to the Breast Cancer Awareness
little or nothing to the cause.”
Foundation was not tied in any way to
last decade for cause-related marketing, which attempts to gain customers by tying purchases of goods or services to charity.
“Think before you pink,” she says. — TC
consumers are particularly vulnerable.”
Berg says. “In reality, they’re profiting from
Berg noted a dramatic increase in the
And in the meantime? Consumers should be wary.
consumer purchase or action — which may have encouraged fewer sales. “Their message is deceptive because the packaging does not explicitly state that the
WHAT’S THE VALUE IN A LEGAL BRIEF? As a practicing attorney, Chad Oldfather
In developing his methodology,
What he found in the preliminary data
often wondered how fully judges engaged
Oldfather and his research partners, who
is, first, enough of a correlation between
with the briefs he submitted on behalf of
include University of Wisconsin–Milwaukee
the computational and human assessments
his clients.
computer science professor Dr. Joseph
to support the conclusion that the compu-
Bockhorst, employed three ways of analyz-
tational methods are getting at what they
Law School, Oldfather has devoted much of
Now a professor at Marquette University
ing a group of cases decided by the U.S.
are intended to measure. There was also
his scholarly attention to exploring just how
Court of Appeals for the First Circuit. Two
a “relatively surprising lack of correspon-
focused on input from litigants judges should
of the analyses involved computational
dence between opinions and briefs,” says
be. Most recently, he used computational
methods, which allowed researchers to
Oldfather — suggesting that judges weren’t
methods to assess whether decisions issued
“read” large numbers of documents in a
strongly influenced by the briefs that
by the court actually reflected the briefs sub-
short period of time. The first, in effect,
attorneys labored over. As the methodol-
mitted by the litigants in a particular case.
treated the briefs and opinion in each case
ogy becomes more sophisticated, it has the
as a collection of words and assessed the
potential to provide payoffs to academics
on faith that judicial opinions accurately
“Legal scholarship has historically taken
overlap among them. The second measured
and practitioners alike.
reflect the facts of the cases they discuss
the overlap in authorities cited, such as
because there was no alternative,” he
statutes and prior cases, in the opinions
of assessing how courts behave, which may
continues. “This work can help us assess
and briefs. The third used a structured
in turn be useful for assessing if they’re
whether that is true.” It might also help
reading of the three documents, includ-
behaving as we want them to, and thinking
inform practicing attorneys about whether
ing a series of human judgments about the
about how we might respond if they are
certain features of briefs tend to resonate
extent to which the opinions responded to
not,” concludes Oldfather. — BOM
more with the court.
the briefs.
“We are trying to develop another way
Marquette University
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