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Shel Holtz
Communicating at the Intersection of Business and Technology
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A&P must stand for “Antiquated & Prehistoric”

When we talk about industries that haven’t yet figured out the social media space, the grocery business rarely finds its way into the discussion. The venerable U.S. grocery chain A&P may have changed that with one single remarkably stupid legal action.

Here’s the story: Two brothers—Mark and Matthew D’Avella—worked at an A&P in New Jersey (where their dad happens to manage the produce department). They’re also in college, where one is studying communication arts. Faced with a video production assignment, they decided to write and produce a parody rap video about produce. They bought items from outside the store and filmed when customers weren’t around, ultimately creating a pretty funny and well-made video that the pair published to their own site as well as YouTube:

The video is unquestionably raunchy; YouTube requires you to be a registered member and confirm your birthdate before you can watch it.

The video wasn’t getting a lot of traction (according to one of the brothers interviewed on CNN) until a customer saw it and complained to the company claiming to be “disgusted and distressed” and hence motivated to boycott the store.

The company’s reaction: Fire the brothers and file a lawsuit for at least $1 million. You can just see A&P’s President & CEO Eric Claus telling his lawyers, in his best Dr. Evil voice, “We’re going to see these young ruffians for one…million…dollars! In fact, Claus has gone on the record with this statement (which was not written by someone else, right?): “The video shows them licking, gesturing, and doing absolutely deplorable things with produce. This is in total contrast to the food safety standards that we uphold as a company.”

Well, yeah. And I’ve no doubt the D’Avella brothers also uphold those standards. But this was a parody. Claus and his lawyers might want to look that up. They may also want to note that viewership of the video (which A&P has demanded be removed) has soared since they made a big deal out of it and the widespread coverage isn’t making the store look too good.

And let’s not dismiss the fact that the grocery chain took its action based on a single customer complaint.

Rather than firing and suing (and getting a lot of press), A&P would have been far better off at least considering ways to take advantage of the brothers’ efforts. It would have been easy to make the point that the video doesn’t reflect the way A&P produce workers go about their work while spotlighting the talent of its employees. Playing up the video could have attracted college-age customers to their stores. Now, as 22-year-old Mark noted in the AP story, “If they lose any sales, it will be because of the way they treated two students.”

Indeed, it will be interesting to see if a Facebook activist group forms in support of the boys or calling for a boycott of A&P until they drop the suit. A&P may get its social media lessons the hard way. I’m not suggesting A&P has no grounds for its suit. It’s just not smart when the company could find ways to increase sales and attract new customers instead.

Of course, there’s also an opportunity here for Safeway or some other big grocery chain, isn’t there? Hiring the brothers and applauding their creativity could bring a surge of business, including the patronage of former A&P customers.

Comments
  • 1.Nothing taps into the spirit of youth rebellion more than when a corporation uses its power (and army of lawyers) to sue a young person. Whether the company is technically right or wrong, the fact that they are suing "the...

  • 2.Shel,
    Thanks for the write-up. I had not seen this. You are right...very very lame.

    The funny part is that most people had never heard of the video until A&P;brought on the lawsuit. Who is advising this company? Now THEY should be fired.

    Jackie Huba | August 2007 | Austin TX

  • 3.I am not sure if I would condone the video, but suing these kids was stupid. It will hurt A&P;more than help.

    As to the value of the video, I agree with A&P;that it does not reflect their standards, but simply issuing a statement should have been enough. And then an internal slap on the wrist, promotion, and new role as humorous social media content creators would have been advisable.

    But between this and John Mackey, I am quite sure any grocery chain will think five times before engaging in social media. Continuing to foster outrage and blogodrama does nothing to encourage businesses to adapt social media. $.02

    Geoff Livingston | August 2007 | District of Corruption

  • 4.Am I missing something here? Had you not told me this was filmed in an A&P;store, I couldn't have told you if it was A&P;, Piggly Wiggly, Kroger, or Al's Groceries. I watched the video twice, the second time specifically looking for the A&P;brand identity but was unable to find it.

    So, one customer, apparently recognized something in the video that let her identify A&P;and complained. The company is now claiming a million dollars damages for lost business?

    Dream on A&P;...for your argument to hold up, based on the few people who watched the video before your idiotic action, it would require an average checkout tab of, what?, $25,000 per customer? Now there's a story you want to get out there...shop A&P;where only the richest can afford our high prices for ordinary products.

    Sheesh...

    Craig Jolley | August 2007

  • 5.Well, the video's sort of lame, but the story is hilarious!

    I can just envision a Mr. Burns type of A&P;CEO, envisioning a big payoff from the lawsuit, because those two home boys look really rich.

    "Think of it, Smithers, we'll bleed them until they're dry!"

    Eric Eggertson | September 2007

  • 6.I would have preferred a bit more life to the rap, but that's just me (at 56).... I am wondering on what basis did the complaining customer ID A&P;? Looks like almost any large market in any large city. I'm originally from Upstate NY and the store looks quite a bit like any one of the supers in my old neighborhood. Could it have been the ads? They could have gotten a flyer from Pathmark. Like Craig above, I watched it twice and didn't see any identification -- did I miss it? I would imagine that has a bearing on the the suit.
    YouTube confirming birthdate, deplorable things? My imagination was totally fired up and shucks, was I disappointed. Really pretty tame, considering all the hoopla.

    Stefanie Monington | December 2007 | Montana

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