The ad world reacts to Roe v. Wade news

On May 2, the news that the Supreme Court had voted to strike down Roe v. Wade sent shockwaves across the country, and, if published, will fundamentally change the right to abortion in the U.S. Since then, brands and agencies have been both reeling from and reacting to the landmark decision, some staying silent while others take a firm stand.

“We’re living through the first moment where Americans face the revocation of an established constitutional right,” said Amy Cotteleer, partner and chief experience officer at Duncan Channon. “The idea that a law that has stood for nearly 50 years could be repealed, and take the country backward, is deeply upsetting and destabilizing to us as individuals and as an agency. It’s about more than choice around abortion—if the right to choose can be taken away after five decades, what’s next?”

We spoke to leaders in the Amp community to learn what the reaction has been within agency doors, what the road ahead may look like and whether it is the ad industry's responsibility to speak up.

Supporting staff

“As a leader I am horrified,” said Lauren Nutt Bello, president at Ready Set Rocket. “We're a women-led agency, and have a majority female team, and this has been an absolute punch to the gut. A group of nine people—whose decision doesn't reflect the views of the vast majority of Americans—erases 50 years of progress, and the ability for women to control their bodies and pave their own path.”

Responding to anticipated changes in reproductive healthcare laws in certain states in the U.S., Bello’s team at Ready Set Rocket quickly implemented a benefit to support employees across the country—40% of their team lives outside of the agency’s home base in New York—by providing travel reimbursements and leave for those who live in places without access to women's health care or abortions.

“It is a priority for RSR to offer our employees dispersed throughout the country consistent healthcare coverage, regardless of where they live,” said Bello. “We are committed to supporting the reproductive rights of women and people across the gender spectrum. Beginning in 2022, we provide up to $1,000 in travel expense reimbursement and up to two weeks leave for staff members seeking non-life-threatening medical care, including abortions, if care isn't available within 60 miles of where they live.”

At Duncan Channon, where staff will also have support for travel needs related to abortion care, Cotteleer and her peers are aware of the potential impact the news is currently having on mental health and morale. “Our staff is deeply affected by the feeling of the ground moving beneath their feet, at a time when war, systemic racism and climate change already pose threats to our security.”

Faced with a rollback on the constitutional right to abortion, and compounded by a period of exaggerated uncertainty, agency leaders have been mindful of stepping up support for employees who may be grappling with the state of women’s access to healthcare in the U.S. and an uncertain road ahead.

“Women make up over 50% of our population here at Critical Mass, and when the news of the leaked opinion broke, our employees were upset and angry,” said Taylor Cook, associate director of D&I at Critical Mass. “‘Equal’ is one of our strongest values, and that means investing heavily in the health and well-being of all our employees whether in the form of urgent resources or guided support.”

A silver lining for some has been an expanded openness and greater conversation around reproductive health, normalizing discussions that may have in the past been considered inappropriate office talk. “This has empowered many on our team to tell their stories related to abortion or the dangers of pregnancy and childbirth,” said RSR’s Bello. “It's so important for women to share these stories to put real people's faces around the issue and to stop the oversimplification of abortion and the lifelong, and potentially life threatening, impacts of forced birth.”

At Critical Mass, those discussions have a permanent home in the agency’s women’s affinity group, one of eleven identified affinity groups, each led by a member of their D&I Board. The goal is to establish a safe space for dialogue and to actively listen to and act on the concerns shared by Critical Mass employees.

“Our people always come first, and creating a community for open discussion and real-time feedback is more important than ever,” said Cook. “We are supporting their grassroots initiatives and protests, and as these events evolve, we're committed to listening to CM women, funding resources, and doing everything we can to tangibly support them.”

That support is particularly critical within agencies located in states where reproductive rights are more vulnerable than they have been in over 50 years. “Preacher is based in Austin, Texas, a state at the epicenter of dismantling women’s access to reproductive health services, including abortions,” said Marika Wiggan, head of strategy at Preacher. “We’ve seen first-hand the impact these dangerously restrictive laws can have on people’s lives.”

Wiggan points to strong leadership as a bright point in an otherwise dark time, and a key element in supporting the team at Preacher through this period of uncertainty. “In spite of the anger and anxiety many of the employees have been expressing, I know we’re collectively grateful for our Founder and CEO Krystle Loyland, who is actively helping us channel those feelings into meaningful actions, seeking out local and national organizations that can provide aid and support to those at greatest risk,” said Wiggan, pointing to Preacher’s work with like-minded clients and non-profits as a bright spot in an otherwise dark time.

The agency counts among such clients Natalist, a women’s reproductive health company whose leadership team is committed to fighting for bodily autonomy and unimpeded access to essential reproductive health services. “While we will continue to grapple with the countless ripple effects of the impending Supreme Court ruling, having a client and multiple non-profit organizations we can focus our energy on are giving our teams a sense of purpose inside of an unimaginable future,” said Wiggan.

Brand authenticity: Speaking up vs. staying silent

The question of whether brands should speak up or stay neutral is a timely one—and one with diverging opinions on the right answer. (Ad Age has been tracking brand and agency reaction since the Supreme Court draft first leaked. Follow along here.)

“No brand can please everyone, but brands are a more current and more accurate reflection of society than any branch of the government,” said John Trahar, creative and strategy lead at Greatest Common Factory. “If you know your customer and you share their values, you should speak up accordingly. If you don’t know them, think about addressing that gap and listening.”

Trahar noted that brands are now watched closely on political matters, and making the right move in a marketing sense requires a strong sense of audience. “Whether a brand chooses to speak up or stay quiet, that choice will ultimately be viewed as an active, not passive, decision,” said Trahar.

Danielle Wiley, founder and CEO at Sway Group, echoed a similar perspective. “There is an expectation that brands have a point of view and will show their support for important causes. Authenticity is critical,” said Wiley. “I suggest brands remain true to their core values—take a look at their organizational mission or purpose to help guide them in decision-making based on how they align with Roe v. Wade or anything that’s happening in the world.”

For others, the answer has more to do with what’s morally right and aligned with a brand’s real-world values versus what’s right for an audience in a marketing sense. “If you work for a brand who acknowledges Mother’s Day, or International Women's Day, then you need to acknowledge this crisis. You can't just weigh in when it's convenient and there's only upside,” said RSR’s Bello. “If you claim to be invested in women's empowerment, and claim a commitment to equality as a brand value, you have to speak up. Removing the taboo around the topic of abortion is exactly the type of step that slowly erodes the negative connotation around the word and the idea of pro-choice.”

Given the magnitude of how this reversal will impact the most vulnerable women across the country, brands and agencies with a platform to speak from arguably hold a moral responsibility to consider real people over commercial audiences.

“The advertising industry, in general, has always had a large amount of privilege and is often insulated from these realities,” said Preacher’s Wiggan. “It’s our responsibility to uplift the voices of experts and allies in the field, offer our services to non-profits and voter registration initiatives, and hold a torch for this issue long after the news cycle has moved on.”