MJ Advertising and the Case for Audience Research

I teach a course titled, Audience Research Methodology.  Over the years I have attempted, with varying degrees of success, to make the case for the importance and value of applied audience research. Audience research is happening all around us all the time, but it is often invisible to the average observer. But thanks to marijuana advertising, finding applied examples of audience research just got easier.

When Colorado passed Amendment 64 allowing for the legalization of marijuana they also created laws controlling the process whereby legal MJ would be cultivated, processed, marketed, and distributed. One part of the Colorado Retail Marijuana Code governs the advertising of MJ. For the sake of brevity I’ll cut to the chase. The legal requirement for advertisers is that they provide “reliable evidence” that no more than 30% of the consumers of said advertising are “reasonably expected” to be under the legal age (21 years). This provided a teachable moment in class last week when we discussed how audience research methodology might inform the issue of what percentage of a target audience falls within (or out of) a particular demographic range for various media products.

Some have questioned whether this part of the law would stand a legal challenge. According to a news report released March 17 by the Colorado Press Association, a legal challenge to the 30% requirement brought by the CPA and The Pulp (a local independent news magazine) was found to be without standing. In other words, the challenge on First Amendment grounds was dismissed because the parties bringing the lawsuit were unable to demonstrate that they suffered harm imposed by the legal requirement of no more than 30% underage readers. Claims that the law created a “chilling effect” were likewise dismissed.

Since this 30% requirement appears to be the law for the time being, any retail MJ establishment (or the media company hoping to sell MJ ads) will have to secure the services of audience research companies who can provide “reliable evidence” that can be used to meet the legal requirement. Companies such as the research giant Nielsen can provide data for TV and radio broadcasters and their Scarborough audience analytics for print media can provide reliable data (for a fee). According to the CPA news release, “the [Colorado Department of Revenue] found Scarborough research to be ‘reliable’” for the purpose of legal justification.

Mass Communications majors sometimes (and, I believe, unfairly) think of themselves as math-challenged. But understanding basic data analysis is not a luxury anymore. Nearly everyone working in or around the media industries will, at some time or another, be expected to make sense out of a spreadsheet or graph or table that contains or summarizes data. Quantitative illiteracy is not a reasonable alternative, and MJ advertising is just one example that brings that home.

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