13970: Jared & Joe Break Up.

AgencySpy published a post titled, “The Martin Agency Introduces $4.99 Footlongs for Subway,” noting the campaign is the final work for the sandwich chain from the White advertising agency. First of all, the decision to dump The Martin Agency is warranted, as the work is mediocre and awful. Regardless, the partnership also offered opportunities for promotional tie-ins featuring Jared Fogle and former Chief Creative Officer Joe Alexander. It could have led to more comedic material than the White advertising agency’s iconic GEICO campaign.

12941: Jared Jail-Bound.

From Adweek…

Former Subway Pitchman Jared Fogle Is Sentenced to Over 15 Years in Prison

For sex crime and child porn charges

By Kristina Monllos

Jared Fogle, the former Subway pitchman, was sentenced today to more than 15 years behind bars. As previously reported, Fogle was expected to plead guilty to charges related to the possession of child pornography as well as soliciting sex from minors. He accepted a plea deal.

U.S. District Judge Tanya Walton Pratt handled the case, which centered around Fogle’s interstate travel to have sex with minors as well as his possession of over 400 child pornography videos.

The case broke earlier this year after the head of Fogle’s charity, Russell Taylor, was found to be using his home to create hundreds of child pornography videos, many of which Taylor sent to Fogle.

Fogle’s 15-and-a-half-year sentence comprises the 188 months he will serve concurrently on the two counts.

Fogle’s defense addressed his dramatic weight loss—aided by eating at Subway—and argued that it could have impacted his sexuality.

“Once he lost weight, it seemed as though in a short time he had hypersexuality,” said forensic psychiatrist John Bradford. “There are brain disorders that can be associated with sexual drive.”

While Subway declined to comment on today’s sentencing, the brand pointed to its previous statement on the matter: “The actions of Mr. Fogle were inexcusable and do not represent our brand values,” said a spokeswoman. “That is why as soon as we learned about the disturbing allegations against him, we immediately suspended and subsequently terminated our relationship with him.”

Since the scandal began making headlines, the beleaguered sandwich chain has replaced its chief marketing officer as well as its creative agency, tapping BBDO in New York to help buoy the brand.

Fogle has already committed to paying 14 underage victims a total of $1.4 million.

The prosecution was reportedly looking for Fogle to serve roughly 12 years in prison, while Fogle’s lawyers lobbied for five years.

12829: Nothing Fresh At Subway.

Adweek reported Subway awarded its account to BBDO. It’s just as well, since the current tagline—eat fresh—is kinda creepy in light of the Jared Fogle mess. Plus, picking a new White agency to replace the old one is hardly a fresh move.

Subway Chooses BBDO as Agency to Guide It Into the Post-Jared Era

Chain hopes to redefine itself with a new shop and executive

By Patrick Coffee

Beleaguered sandwich chain Subway has chosen BBDO as its new creative agency of record after a review. The account will be handled by the agency’s New York office.

The company announced its review earlier this summer after two big changes: the departure of chief marketing officer Tony Pace and the news that longtime brand mascot Jared Fogle was under investigation for his alleged involvement in child pornography.

As we now know, Pace was replaced by Chris Carroll, who served as svp of global marketing from 1999 to 2005 and now holds the position of chief advertising officer. The company cut all ties to Fogle after he was taken into custody and agreed to plead guilty to a variety of crimes that will land him in prison for at least five years and brand him a sex offender.

The chain wants to move beyond Fogle, who appeared in more than 300 ads, as quickly as possible after ending its relationship with Boston’s MMB, which ran the account for about a decade.

In a statement, Carroll says, “All the finalist agencies did an excellent job during the process,” adding, “Our decision came down to our confidence in the quality of the team, business orientation, strategic insights and creativity. We look forward to our new partnership with BBDO to accelerate growth for the Subway brand.”

BBDO New York president and CEO John Osborn adds, “Subway is a great brand. We are honored and thrilled to partner with them and to create a fresh narrative for the brand.”

Subway said it decided to hold a review before Fogle’s legal problems went public. Its sales totals dropped in the United States last year, marking an unusual slump for a chain that passed McDonald’s to become the world’s largest in 2011.

After relying on Fogle for 15 years, Subway has given no hints about the direction of its next campaign. It did, however, increase its media spend in 2014 from $517 million to $534 million.

According to sources, other finalists in the review were The Martin Agency, MMB and McCann Erickson.

In a further statement, Carroll thanked “valued partner for the past 12 years” MMB for its “many contributions to Subway’s success.”

The review did not affect Subway’s media agency Mediacom, its social agency 360i, or any of its international partners.

12823: Criminal Perspective.

Jared Fogle Will Pay $1.4 Million to 14 Underage Victims—probably to be paid in $5 Footlongs. To put things in obscene perspective, Fogle is paying roughly $20 million less than former MDC Partners CEO Miles Nadal, making it unclear as to which scoundrel is the bigger criminal.

12788: Weekend White Folks Wrap-Up.

Helen McRae continued the rise of White women by being named UK CEO of Mindshare. Mindshare Global CEO Nick Emery gushed, “Helen is a rare talent able to lead intellectually and is a demon shit-kicker.” Wow, a woman that can “lead intellectually” is a rare bird indeed. However, “demon shit-kicker” is a not a good term to use in light of the controversy surrounding media kickbacks.

Meanwhile, McRae’s glass-ceiling-busting feat was offset when OMD appointed a White man, Dan Clays, as its UK CEO. No word if Clays is a “demon shit-kicker” as well. The photo above, however, shows he’s a demon crotch-grabber.

Andrew Dimitriou was crowned Y&R President of Europe. Y&R Global CEO David Sable said, “Andrew is a true globalist and a thoughtful integrated marketer, no doubt because he is a creative and entrepreneurial thinker.” If Dimitriou is a “true globalist,” why is he only overseeing one White continent?

Chris Carroll returned to Subway in a marketing leadership role, perhaps replacing former CMO Tony Pace in a typical White man swap. At this point, Carroll’s official title and responsibilities are as guarded as the investigation that Jared Fogle is facing.

12779: Subway’s Exclusivity No Secret.

Advertising Age reported Subway launched a review for a fresh White advertising agency, and the sandwich chain is keeping the competitors’ identities secret. “Subway confirms that it is conducting a closed review of its creative advertising,” said a spokesperson. “Based on confidentiality agreements, we are not disclosing participating agencies.” Wow, that takes exclusivity to a whole new level. Subway is open to disclosing the ingredients in its awful products, yet unwilling to reveal which White advertising agencies will vie for the account. Didn’t they learn the dangers of covert activities from Jared Fogle?

More Upheaval As Subway Reviews Creative Account

Move Comes After CMO Leaves, Chain Suspends Relationship With Jared

By Maureen Morrison

As if there isn’t enough upheaval at Subway—yesterday global Chief Marketing Officer Tony Pace said he was leaving, two weeks after the chain suspended its relationship with spokesman Jared Fogle—now the fast-feeder is throwing its creative account into a mystery review.

“Subway confirms that it is conducting a closed review of its creative advertising,” said a spokeswoman in a statement. “Based on confidentiality agreements, we are not disclosing participating agencies.”

Subway’s creative work, as well as Hispanic and digital, is currently handled by Boston-based MMB, which did not immediately respond to a request for comment. It’s not clear whether MMB, the agency of record for the chain since 2005, is participating in the review. Other agencies on the roster, such as WPP’s MediaCom and Dentsu Aegis’ 360i, are not affected, the spokeswoman confirmed.

It’s been a tumultuous couple of weeks for the chain. Subway suspended its relationship with longtime spokesman Mr. Fogle on July 7, the same day after federal authorities investigated his home. Authorities did not say why they investigated the home, and Mr. Fogle was not charged with a crime, but Russell Taylor, executive director of the Fogle Foundation, a group that is dedicated to helping teach kids healthy lifestyle habits, was arrested on child pornography charges back in May.

Mr. Pace’s departure to form a consultancy called Cerebral Graffiti followed not long after, though Mr. Pace said publicly yesterday that he move was unrelated to the Jared issue.

The agency review comes as the chain is seeking to reverse a sales slide. Subway last year had its first decline in U.S. systemwide sales in years, with a 3% drop, according to Technomic. Though sales were down, store count was up almost 3% in the U.S. in 2014, though, to 27,205.

Much of Subway’s broadcast advertising has over the years has focused on a mix of Mr. Fogle, value advertising and more recently, promotion of premium-priced products. Though Mr. Fogle has appeared in recent ads, he hasn’t been featured as prominently as he once was, as the chain diversified its marketing and incorporated its Famous Fans. The promotion of more premium sandwiches that include ingredients like avocado came sometimes at the expense of the marketing for its $5 footlongs, a product that brought in cost-conscious customers.

Subway in 2014 spent about $533.2 million on U.S. measured media, according to Kantar Media, up 3.5% from $515.2 million.

6564: No More Big, Fat Liars.

From The Chicago Tribune…

Federal Trade Commission’s plan to change rules on ad endorsements, testimonials worries marketers

Extreme results, disclaimers to be overhauled by FTC

By Mary Ellen Podmolik

Consumers lured by advertisements promising rock-hard abs, sparkling white teeth and bulging bank accounts soon may get a reality check.

Updated guidelines on ad endorsements and testimonials under final review by the Federal Trade Commission—and widely expected to be adopted—would end marketers’ ability to talk up the extreme benefits of products while carrying disclaimers like “results not typical” or “individual results may vary.”

Instead, companies would be allowed to tout extreme results only if they also spelled out typical outcomes.

“For a good part of the last decade, we have noticed a problem, particularly with consumer testimonials,” said Richard Cleland, assistant director of the FTC’s division of advertising practices. “The use of consumer testimonials had become almost a safe harbor for companies as long as they threw in some sort of disclaimer about results not being typical.”

The changes are sending shudders through companies that worry about their ability to motivate consumers to buy their products if they can’t sell the sizzle.

“There would never be another Jared,” said Julie Coons, president and chief executive of the marketing trade group Electronic Retailing Association, referring to Jared Fogle, who became Subway’s spokesman after losing 245 pounds eating the chain’s sandwiches and exercising. “We’re all going to have to regroup” if the proposals stand.

Fogle’s story is highlighted on Subway’s Web site, accompanied by an asterisk and the text, “Their results are not typical. Your loss, if any, will vary.”

“This is not something we are prepared to comment on at this point,” a spokesman for Subway said of the proposed guidelines.

The tougher rules, the first update to the guidelines since 1980, are designed to make it easier for consumers to judge the credibility of marketers’ claims. The changes would affect all forms of advertising and marketing, including blogs and company Web sites. The FTC could bring legal action against firms that don’t comply.

The final guidelines are expected to be issued later this year.

The revisions have drawn sharp criticism from product manufacturers, advertising agencies and trade groups who say it is the “aspirational” theme of their ads that motivates consumers to purchase their goods. Show less than the ultimate achievement, they say, and consumers are less likely to buy.

What’s more, they say, it’s impossible to determine typical results for many personal-care products because of unique physiological characteristics among humans and the varying levels of effort put into any endeavor.

“A lightbulb, I can give you a typical result,” said Jonathan Gelfand, general counsel for Product Partners LLC, which sells fitness programs, gear and nutritional supplements under the “Beach Body” brand.

“Showing what people start and end with and saying very prominently, ‘Results may vary,’ that is as true as you can make it,” Gelfand said. “If we can’t show a picture and give results, what are we going to do?”

He added, “Someone who can’t fit in an airline seat is not going to pick up the phone for a 10-pound weight change.”

A spokeswoman for weight-loss program provider Jenny Craig Inc.—whose celebrity endorsers have included Kirstie Alley, Valerie Bertinelli and most recently Phylicia Rashad—said it would be premature to comment on the guidelines.

Competitor NutriSystem Inc., which has been touted by Marie Osmond and whose Web site showcases a woman who lost 40 pounds, did not respond to calls for comment.

6069: Is That A Footlong In Your Pocket…?

Hey, didn’t this kind of shit lead to Jared’s original troubles?