At a glance#
In 2010 Byron Sharp and the researchers of the Ehrenberg-Bass Institute published How Brands Grow with Oxford University Press1. Its argument, extended in How Brands Grow: Part 2 by Jenni Romaniuk and Sharp2, is that buying behaviour follows regular, repeatable patterns, and that marketing plans should start from them.
- Double jeopardy Smaller brands have far fewer buyers, and those buyers buy them a little less often3.
- Duplication of purchase A brand shares its buyers with other brands in line with those brands' size5.
- Mental and physical availability Growth comes from being easily thought of in buying situations and easy to buy7.
- Category entry points and distinctive assets The cues that bring a category to mind7, and the brand's own colours, shapes and sounds that make it recognisable8.
- The debate Binet and Field, Mark Ritson and others accept much of this but disagree on targeting, emotion and differentiation10, 12, 14.
The decision it informs: whom the plan should reach, how broadly, and what must stay the same in every execution. Read it with brand equity and the glossary entries for mental availability and category entry points.
The patterns behind the laws#
What the Ehrenberg-Bass research describes
- Double jeopardy
Small brands have fewer buyers, who are also slightly less loyal
- Duplication of purchase
Brands share buyers with rivals in proportion to the rivals' size
- Mental availability
Being easily thought of in buying situations
- Physical availability
Being easy to find and buy
- Category entry points
The cues that bring the category, and a brand, to mind
- Distinctive assets
The non-name cues that say the brand without its name
Double jeopardy. The pattern was first documented in the 1960s4. Andrew Ehrenberg, Gerald Goodhardt and Patrick Barwise reviewed the evidence in the Journal of Marketing in 1990: a small brand typically has far fewer buyers than a large one, and its buyers also tend to buy it less often3. The Ehrenberg-Bass Institute puts it plainly: loyalty is largely a predictable function of market share, brands differ greatly in how many customers they have but much less in how loyal those customers are, and so a brand that wants to grow must enlarge its customer base, its penetration4. The Institute's 2021 work with B2B data found the same pattern in business markets4.
Duplication of purchase. The second law describes competition. A brand's customers also buy other brands, and they buy each competitor in line with that competitor's size5. In one US business-insurance dataset reported by Marketing Week, the share of a brand's customers who also used another insurer fell from about 24% for the largest competitor to about 14% for the smallest5. Romaniuk's conclusion for B2B marketers is that your main competitors will typically be the biggest brands in the category, whatever your image or positioning6.
Practically, these laws give a planner a baseline. If your brand's loyalty is in line with its share, a loyalty problem is really a penetration problem. If two brands share far more buyers than their sizes predict, you have found a real sub-market, and a reason to treat it differently.
Mental and physical availability#
Romaniuk sums up the two levers in a sentence: mental availability is about being easily thought of in buying situations, and physical availability is about being easy to buy7.
Mental availability is built in memory. It depends on how many buying situations the brand is linked to and how strongly. That is why the research cares less about whether people like a brand and more about whether it comes to mind at the moment of choice. Brand advertising, sponsorship, PR, packaging and search presence all contribute, provided they leave a memory people can retrieve later.
Physical availability is distribution in the widest sense: being on the shelf, in the app, on the marketplace, open at the right hours, in stock and simple to pay for. It is often outside the marketing department's budget, but it caps what communication can achieve: a brand that people think of and then cannot find loses the sale to the one they can.
Category entry points and distinctive assets#
Category entry points (CEPs) are the cues buyers use to retrieve memories in a buying situation: internal ones such as motives and emotions, and external ones such as location or time of day7. They decide which brands are initially mentally available and so form the shortlist of first options7. "Something quick for lunch at my desk" and "a gift for a colleague who is leaving" are CEPs; each brand is linked to some and not to others.
Distinctive assets are what lets a brand be recognised without its name: colours, logos, characters, sounds, taglines. Romaniuk's Building Distinctive Brand Assets sets out how to build, measure and protect them, judging each by its fame and its uniqueness8. In an integrated plan they are the glue: they let a ten-second video, a shelf wobbler and a social post be credited to the same brand. See distinctive brand assets.
The fair debate#
The laws are widely accepted as descriptions of buying. How far they should dictate marketing is argued.
| Ehrenberg-Bass | Binet and Field | Mark Ritson | |
|---|---|---|---|
| Reach and targeting | Reach all category buyers; narrow targeting holds growth back | Broad, high-quality campaigns usually beat laser-focused ones | Target and reach broadly: you can do both |
| Emotion | Not covered in the sources here | The more emotional the decision, the harder media work | Not covered in the sources here |
| Differentiation | Most buyers notice few of the differences brands claim; be distinctive | Not covered in the sources here | Relative differentiation still matters |
| Mental availability | The central goal | Not covered in the sources here | Agrees it matters |
Targeting. Ehrenberg-Bass research on B2B argues that narrow targeting is counter-productive to growth9. Les Binet and Peter Field's Media in Focus for the IPA asked whether mass marketing still works and whether tight targeting is now more efficient10; Field's own profile summarises their view that high-quality mass campaigns beat laser-focused strategies most of the time11. Mark Ritson, writing in Marketing Week, credits Sharp with shifting the industry towards mass marketing12 but calls abandoning targeting a return to the dark ages, and argues that broad reach and targeting can coexist13.
Emotion. Binet and Field's analysis of IPA cases suggests that the more emotional the purchase decision, the more efficiently advertising media work, while rational categories tend to get more of their growth from factors other than advertising10.
Differentiation. Here the disagreement is real. Ritson argues for relative differentiation: a brand has more of something its buyers value, even if it is not unique12. Sharp, by contrast, argues from his research that buyers in most categories notice few of the differences brands try to communicate12. When he and Sharp shared a stage at Cannes Lions they agreed on salience and mental availability but not on the role of differentiation14.
Method. Some researchers question the statistics. Hofmeyr and Bongers argue that modelling averages hides important differences between brands, in a critique of double jeopardy published by WARC15; the Institute replies that the critique targets the Dirichlet model used to predict the pattern rather than the empirical pattern itself16.
A fair reading: the laws describe the market you are in and set realistic expectations. They do not tell you what to say, and they do not forbid choosing whom to say it to first.
What it means for reach, consistency and the media plan#
- Reach all category buyers
Plan for penetration, including light and non-buyers
- Stay present
Continuous presence rather than rare bursts, so memories are refreshed
- Link to many entry points
Each campaign adds or strengthens a buying situation
- Brand every execution
Distinctive assets early, large and consistent
- Check physical availability
Distribution and the path to buy match the reach
- Measure mental availability
Track the brand's links to entry points, not only awareness
- Loyalty-only plans
Retention matters, but double jeopardy caps it
- Reach Plan the media for reach among category buyers, then decide frequency. A plan that only re-targets existing customers works against double jeopardy4.
- Consistency Distinctive assets only work if they are used every time8; this is where consistency and adaptation becomes a growth issue, not a style issue.
- The media plan Use the media plan to cover the entry points that matter most, and judge budgets against share of market with share of voice and the ESOV calculator. Balance long-term brand building against short-term activation, as in budgeting for IMC.
- B2B and services too The B2B work on double jeopardy, duplication and entry points shows that the patterns are not only for packaged goods4, 6, 7; see the B2B and SaaS hub.
Common mistakes#
- Using the laws as a reason not to think They describe averages across brands; your category may have real partitions, which duplication analysis will show5.
- Confusing distinctive with different A distinctive asset helps people recognise you; it is not a reason to buy, and a brief still needs one.
- Cutting brand media to fund retargeting It looks efficient on last-click reports and shrinks the future buyer base.
- Ignoring physical availability Communication cannot sell what people cannot find.
- Treating the debate as a war The best-documented positions share more than they disagree on14.
Put it to work#
Illustrative example. A mid-sized snack brand is losing share. Its team checks loyalty against share and finds it normal for its size, so the problem is penetration. It lists the category's entry points (a mid-afternoon dip, a long drive, guests arriving), finds the brand linked mainly to one, and briefs a year-long campaign to add the second. Every execution opens with the brand's colour and mascot, and the sales team secures distribution at fuel stations to match.
A growth audit in five steps
- 1Baseline
Compare your penetration and loyalty with the category's double jeopardy line
- 2Competitors
Read duplication of purchase to see whom you really compete with
- 3Entry points
List the category's buying situations and your brand's links to each
- 4Assets
Audit distinctive assets for fame and uniqueness
- 5Plan
Set reach, continuity and distribution to close the gaps
Your checklist for Monday:
- Pull penetration and purchase frequency for your brand and its top competitors.
- Write down the ten most important category entry points, with the buyers' own words.
- Ask a sample of category buyers which brands come to mind for each.
- List your distinctive assets and score each for fame and uniqueness.
- Rebalance the media plan towards reach among category buyers, then check continuity across the year.
- Agree one physical-availability action with sales or operations.
- Report mental availability alongside sales, quarterly, to the CMO.
Further reading#
- Byron Sharp, How Brands Grow (Oxford University Press, 2010)1, and Jenni Romaniuk and Byron Sharp, How Brands Grow: Part 2 (2021)2.
- Ehrenberg, Goodhardt and Barwise, "Double Jeopardy Revisited" (1990)3.
- Jenni Romaniuk, Building Distinctive Brand Assets (2018)8, and her paper on category entry points in B2B7.
- Binet and Field, Media in Focus10; Mark Ritson's columns in Marketing Week12, 13.
- On IMC Report: brand equity, measuring effectiveness, the advertising primer, and the glossary entries for brand building and sales activation.
Sources
Every claim worth checking, with somewhere to check it.
- How Brands Grow: What Marketers Don't Know (Byron Sharp and the researchers of the Ehrenberg-Bass Institute)Oxford University Press (University of Southern Indiana library record) · 2010
- How Brands Grow: Part 2, Revised (Jenni Romaniuk and Byron Sharp)Oxford University Press Australia · 2021
- Double Jeopardy Revisited (Andrew Ehrenberg, Gerald Goodhardt and Patrick Barwise, Journal of Marketing, vol. 54, no. 3)American Marketing Association (WorldCat record) · 1990-07
- The Double Jeopardy Law in B2B shows the way to growEhrenberg-Bass Institute for Marketing Science · accessed 2026-10
- Brands invariably share buyers with competitors in line with sizeMarketing Week · accessed 2026-10
- B2B duplication of purchase (Jenni Romaniuk, Ehrenberg-Bass Institute, for the LinkedIn B2B Institute)LinkedIn B2B Institute · accessed 2026-10
- Category entry points in a business-to-business (B2B) world (Jenni Romaniuk)Ehrenberg-Bass Institute for Marketing Science · 2022-07
- Building Distinctive Brand Assets (Jenni Romaniuk)Oxford University Press Australia · 2018
- Ehrenberg-Bass: Narrow targeting 'counter-productive' to B2B growthMarketing Week · accessed 2026-10
- New lessons from Binet and Field – Media in Focus: Marketing effectiveness in the digital eraWARC · accessed 2026-10
- Peter Field (speaker profile)The Conference Board · accessed 2026-10
- Mark Ritson: We should thank Byron Sharp, not attack himMarketing Week · accessed 2026-10
- Mark Ritson: Ditching targeting for mass marketing is going back to the dark agesMarketing Week · accessed 2026-10
- From mental availability to mass marketing, purpose nonsense and consistency: what Ritson and Sharp did and didn't agree on at this year's CannesEhrenberg-Bass Institute for Marketing Science · accessed 2026-10
- Why Modeling Averages Is not Good Enough: A Critique of the Law of Double Jeopardy (Bongers and Hofmeyr)WARC · accessed 2026-10
- A short critique of “a critique of Double Jeopardy”Ehrenberg-Bass Institute for Marketing Science · accessed 2026-10