The agency kickback scandal you couldn’t make up if you tried

November 10, 2010

One staple theme yet to make its appearance in our favourite TV soap, Mad Men, is the celebrated agency kickback. No doubt it will in time.

But why wait for the soap when you can have the real thing, authentically reproduced in verbatim court transcripts?

I refer here to a protracted States-side legal case which Grey Advertising Group has just lost after attempting to suppress the evidence for a decade.

And what a very unedifying picture that evidence paints. Internal memos and personal transcripts reveal an agency whose senior executives were steeped to the gills in a conspiracy to deny major clients Procter & Gamble, Mars, British American Tobacco (BAT) and SmithKline Beecham (now GlaxoSmithKline (GSK)) about £4m that was rightfully theirs.

Before going any further, you’ll appreciate that I have to flag up a legal health warning. All these events took place a long, long time ago – up to 20 years ago in some cases. Almost all the protagonists have now quit the business. And at that time WPP, which now owns Grey, was no more than an expletive uttered by Grey supremo Ed Meyer – who then held the agency lock, stock and barrel – every time he lost an account to JWT or Ogilvy.

Also, I’d like to point out that what follows is a very much abbreviated version of a story recently broken by my fellow blogger Jim Edwards, whose detailed account can be found here.

Now back to the script. The scene is Grey’s London office, then at the top of Great Portland Street, circa 1998. New American ceo, Steve Blamer (left), has just arrived to take over from long-serving managing director Roger Edwards. An increasingly incredulous Blamer is updating himself on the agency’s financial position, with the help of chief financial officer Roy Wilson:

Blamer: P&G is that much?

Wilson: Yep.

Blamer: Jesus… I’m telling you, the reality is you as the financial officer and me as the ceo and now Roger (presumably Edwards) could be sued. I mean, we’re cheating and stealing from our clients. That is the truth.

And later…

Blamer: I believe we should return these discounts. I’m not going to, I can’t make that decision unilaterally…If those guys (senior management, in New York) say that we’re not going to do it, and we can keep the discounts… then I say, fuck it that’s crazy, send me a note, I want a ‘Get out of jail free’ card.

Of course, handing back the discounts – mostly from print contracts – would open a whole new can of worms; as Edwards was quick to explain, citing one client in particular.

Edwards: Mars is such a vitriolic client, that if they did catch you doing that they would probably punish you very severely. They would take you back years, take a brand off you or something like that.

Not surprisingly, everyone decided to stay mum. But they did change the terms of business, so that future discounts would be rebated to the client.

You might ask yourself why clients were not better informed about what was going on. After all, it was their money. The answer seems to be Three Wise Monkeys syndrome. Indeed, even those party to what was going on within the agency were baffled by clients’ seeming ignorance, or indifference.

Blamer: Have they [clients] ever discovered that in an audit?

Wilson: No.

Blamer: And why is that?

Wilson: …I mean to be honest one has to be a bit surprised that none of them have ever specifically, eyeball to eyeball… and then asked the question, since it’s a clause in every one of our contracts, but…

In view of this circle of deceit and self-deception, it might seem surprising that anything ever came to light. The weak link, indirectly, was Wilson, who rightly feared he might be made a scapegoat and had the conversations taped and transcribed as an insurance policy should he ever get fired. Which he later was.

The case of Grey is, of course, no isolated instance, merely a well documented one. Currently, there is a still-breaking media-buying scandal in China – involving broker kickbacks – which has already claimed the scalps of Vivaki Exchange’s two top China operators. Earlier this year, Aegis Media finally put the so-called Aleksander Ruzicka affair to bed, when it settled €30m on Danone in lieu of unpaid TV advertising rebates. And going back a few years, readers may remember Interpublic’s belatedly generous settlement on clients of media volume discounts, whose non-payment had come to light as a byproduct of the accounting scandal that engulfed the group at the beginning of this decade.


Changed4Life – policy U-turn puts advertisers in the driving seat

July 8, 2010

For the health lobbyists, it was a rout; for advertisers – and especially those in the food, soft drinks and alcohol sectors – a triumph and an indisputable turning point.

Lansley: A Mars a day may help you work, rest and play

Yesterday’s landmark speech by health secretary Andrew Lansley left not a shadow of a doubt about the government’s future stance on the obesity debate. Nannying – in the sense of strict legislative curbs – is out and “nudge” – the employment of persuasion techniques to mould consumer behaviour – is definitively in.

In practice it means that a fiscally-challenged Government intends to withdraw some public funding from the 3-year Change4Life programme, leaving business to take up the financial slack. Almost without saying, this puts the members of the Business4Life initiative in an unprecedentedly powerful position.

As if to underline the point more graphically, Lansley made specific reference to some of the main consortium members in his redefinition of government policy:

“It is perfectly possible to eat a Mars bar, or a bag of crisps or have a carbonated drink if you do it in moderation, understanding your overall diet and lifestyle. Then you can begin to take responsibility for it and the companies who are selling you those things can be part of that responsibility too.” Companies which include Mars, Coca-Cola and Pepsi Cola (owner of Walkers Crisps).

What this means for the health lobby was bleakly summed up by Tam Fry, the feisty leading-edge of the National Obesity Forum. “NOF is horror-struck at Mr Lansley’s remarks. It sees them as nothing other than a bare-faced request for cash from a rich food and drink industry to bail out a cash-starved Department of Health campaign, ” he says. I might scruple at the “nothing other” bit, but find it hard to disagree with his argument, as far as it goes.

Lansley’s new concordat is at once an opportunity and a trap for the food and drink industry. It’s an opportunity to exercise more responsibility in what it sells, and how it sells it, to an increasingly wary consumer. As Fry points out, many food manufacturers continue to sell products whose salt, sugar, and fat content is well in excess of Food Standards Agency guidelines. There are signs of greater self-restaint, particularly in the area of trans fats, but it is slow and grudging. The science surrounding obesity meanwhile moves on, and with it – if diffusely and haphazardly – the consumer perception of what is acceptably healthy and what is not. Only this week, for example, a study found that children who are obese tend to exercise less, because they are already overweight; rather than because their lack of exercise causes them to put on weight. In other words, from the complex miasma of obesity’s causes – among them poor education, lack of exercise and poverty  – junk food has once more emerged as an all-too-visible spectre.

So, when Lansley advises Business4Life to reach for the till, it should reach for the till. But its members must also remember that what they are doing will lack all public credibility if it is unaccompanied by measurable changes in the behaviour of the food and drink companies themselves. This is not an opportunity for coasting.


Maclaren takes a financial bath, but will it lose the baby as well?

November 10, 2009

Maclaren buggyMaclaren, the British baby pushchair brand, has just landed itself in the biggest crisis of its 44-year history after mishandling a recall of its products.

I do not know how much of Maclaren’s sales the umbrella-style stroller models in question account for, but it must be a lot. One million of them are being withdrawn from the US market, after 12 children suffered amputations after getting their fingers caught in the retracting hinges. Given that the pushchairs retail at an average of over $400 each, that the US is MacLaren’s largest market, and that it will have to fit plastic protective coverings to the hinges of each and every one of the recalled strollers, we can easily grasp the financial scale of the crisis.

But money is not the really important issue here. Maclaren markets itself as “the world’s most safe, durable, innovative and stylish baby buggies and strollers”, so the recall is a huge slap in the face. The strollers are an iconic representation of the company, on which its reputation stands or falls. And the way things are looking at the moment, it’s likely to plummet.

Why? After all, taken step by step, Maclaren has done some of the right things. It has clearly assessed the risk issue over a number of years, and found it to be infinitesimally small from a statistical point of view. Once adverse publicity began to affect its sales, it readily co-operated with the US Consumer Product Safety Commission and organised a voluntary recall.

What it has not done is reassure customers in its other markets, particularly its home one, that it will treat them on the same level. It has also failed to communicate its point of view, let alone a comforting message. Instead, we have virtual radio silence. In short, Maclaren has given the impression that it is at once arrogant and timid: not a winning combination for the future.

It’s arrogant, because it seems to be saying that the rest of the world doesn’t matter as much as its US customers. All right, we know the extenuating circumstances. There aren’t nearly as many mangled fingers over here; and trading standards officers have not put the same pressure on Maclaren for a recall. Lastly, and most cynically, we may guess that Maclaren has more to fear from ambulance-chasing shysters in the US than anywhere else in the world.

Even so, the lame suggestion that UK and European customers can make do by contacting the company and acquiring a safety kit free of charge simply won’t do. We should be so lucky. The company website was inaccessible when I tried it and the phone lines are most likely permanently engaged.

In a major brand crisis, a bunker mentality is the last thing you need. Anticipation, not calculated reaction, is the name of the game. Put out a message of reassurance. Let it come directly from the chief executive. Don’t hide behind PR flunkies. Engage with the media personally. Apologise (even if no apology is strictly warranted); and do it in print, with newspaper advertisements (they’ll get picked up on Google soon enough).

That’s exactly what Mars (not a company you naturally associate with humble pie) did a few years ago when it took a wrong turn on one of its key confectionery ingredients. Mars made an careless mistake when it decided, without consultation, to start using animal rennet, so alienating a vocal minority of its customers – vegetarians. After 6,000 people complained, Mars UK md Fiona Dawson personally took charge of a remedial campaign that involved asserting unequivocally “The consumer is boss” and spending millions of pounds on broadcasting an apology. She even gave out her personal email address.

What Mars seems to understand, but Maclaren so far doesn’t, is that small things are everything in marketing. Small things like the minute amount of benzene that destroyed Perrier’s primacy as a mineral water brand; the minor changes to a syrup formula that nearly did for Coke; the minute amounts of salmonella found in Cadbury’s plant; or – even – 12 little fingers. When commercial success relies on something as emotionally charged as a child’s safety, the importance of a caring attitude towards your customers cannot be overemphasised.


Carolyn Carter bids adieu to Grey Europe

September 3, 2009

Carolyn CarterGrey’s enigmatic ice-maiden is on her way at last. Carolyn Carter, ceo of Grey Europe, has been the target of almost constant speculation about her ‘imminent’ departure since 2006, which she has successfully quashed with Mark Twain’s famous rejoinder. Now, after over 20 years’ service in the higher echelons of an advertising empire long treated by Ed Meyer as his personal fiefdom, but latterly owned by WPP, she really is on her way out. Gone by Christmas time, they say.

Originally, Carter was a client: she joined Grey from General Foods in the early 80s. In 1996 she moved to London as global account director for Mars, a staple Grey client. From 2002  she gradually took on the mantle of John Shannon – possibly the longest-serving senior executive in advertising history – becoming ceo Grey Global Group EMEA in 2004. She, like Shannon, might reasonably have expected to see herself through to retirement age. Meyer was incredibly loyal to senior executives who quietly and efficiently accomplished his aims, which might be defined as personally enriching him, but not at the expense of alienating any of his key clients. It could be a harrowing, stressful role. Which is one reason why top Grey executives used to be some of the most highly paid in advertising.

But the world of Grey changed irrevocably when Meyer decided to cash in his chips and put his agency up for auction in 2005. WPP, the eventual winner, has been every bit as exacting as Meyer, but in a different way. Out went the stellar salaries, Carter’s own excepted.

Carter faced early disappointment when Jim Heekin, formerly of McCann Erickson and Euro RSCG, beat her to the top position at Grey, which anyone else might have interpreted as curtains time. Hence the speculation about her leaving. Cool, ruthless professionalism has seen her through. Until, at least, an unprecedented slump in advertising revenue forced WPP to wield the retrenchment axe more savagely than might otherwise have been the case.

Now it’s time for her to go. David Patton, UK group ceo, will be confirmed as the new EMEA chief. Chris Hirst, his managing director, may take over the top UK role. Carter will miss the London theatre scene, but how much else I do not know.


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