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Group Asks Gov't to Crack Down on Product Placement

Buck Mulligan writes "The rise of commercial-skipping Tivo has resulted in greater reliance on "product placement," and Commercial Alert has filed a petition (pdf) with the Federal Trade Commission urging the agency to crack down on the practice. Gary Ruskin of Commercial Alert writes: "The interweaving of advertising and programming has become so routine that television networks now are selling to advertisers a measure of control over aspects of their programming. Some programs are so packed with product placements that they are approaching the appearance of infomercials. The head of a company that obtained repeated product placements actually called one such program 'a great infomercial.' Yet these programs typically lack the disclosure required of infomercials to uphold honesty and fair dealing.""

23 of 614 comments (clear)

  1. Stop inviting the government everywhere by Brahmastra · · Score: 5, Insightful

    Why should companies be prevented by the government from doing product placement? Now, if a program sucks because of product placement, people will stop watching the program, and the company that makes the product will stop doing the product placement. Let the market control how shitty TV programs are and stop bringing government into every damn thing.

    1. Re:Stop inviting the government everywhere by weston · · Score: 5, Insightful

      Let the market control how shitty TV programs are and stop bringing government into every damn thing.

      Because the market is doing such a great job of controling the quality of television programming here, especially compared to places where the programming quality is clearly inferior, like those socialist English folks and their BBC.

      That's not even really the point, of course. What's being suggested is that product placement needs to be monitored for the sorts of suggestions that made truth in advertising laws necessary.

    2. Re:Stop inviting the government everywhere by spiritraveller · · Score: 3, Insightful
      If product placement does result in a dishonest or fraudulent portrayal of a product under the guise of "drama" it should be governed by the same rules that govern obvious advertising.

      When a commercial comes on, you know it's a commercial. Product placement is potentially more insidious because you cannot always know that it is being done deliberately.

  2. Government Regulation by NivenHuH · · Score: 4, Insightful

    This is one thing I strongly disagree with. The government should not step in and tell us wether or not we can place certain products or use certain 'props' in tv shows, movies, or anything else.. If people hate the advertising that goes with tv programming, then they should boycott it all together or complain to the people who create the shows. Having the government regulate it is definitely restricting our civil rights.

    --
    Just when you make it idiotproof, some idiot builds a better idiot.
  3. Just turn the box off... by TedTschopp · · Score: 5, Insightful

    I know it sounds wierd... but people need to realize that watching TV is not a right. And the producers of programs need to be compensated for their production.

    Do you want the governemnt to get larger and create more regulation? Do you want free TV? If so then expect commericals. Expect product placement. If you don't then purchase your TV channels. Or just turn the silly thing off.

    Read a book. Perferably a classic... but that's another topic.

    Ted

    --
    Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    1. Re:Just turn the box off... by randito · · Score: 3, Insightful

      Actually, I do want goverment to get larger and create more regulation, and I do want free TV. OK, I live in Canada, I have a government I can trust .

      I look at my favorite TV shows, including Black Adder, Fawlty Towers, Red Dwarf, Dr. Who, Absolutly Fabulous, Monty Python etc. and realize that they all came out of a government funded, non-profit television network. The programming shows a creativity and reality unheard of in for-profit television production. Absolutly Fabulous couldn't even be produced in the current american environment, advertisers and producers are too afraid of controversy! Instead, we get Friends!

    2. Re:Just turn the box off... by szquirrel · · Score: 5, Insightful

      I know it sounds wierd... but people need to realize that watching TV is not a right. And the producers of programs need to be compensated for their production.

      You might have a point when it comes to cable and satalite TV but we do have a right to dictate how the public airwaves are used. We the public grant TV stations the right to use the airwaves for their broadcast in return for their promise to adhere to a standard of quality that we set. The TV companies are then free to do anything that will make them a profit but only as long as they play by the rules we set.

      That means that if enough people want to regulate product placement, then product placement will be regulated. Our airwaves, our rules.

      --
      Never approach a vast undertaking with a half-vast plan.
    3. Re:Just turn the box off... by wfberg · · Score: 4, Insightful

      I know it sounds wierd... but people need to realize that watching TV is not a right. And the producers of programs need to be compensated for their production.

      I know it sounds wierd... but people need to realize that advertising is not a right. And the viewers of programs need to be secure in the knowledge that what is presented as fact, opinion, view, or endorsement is correctly attributed to those who actually put it forward. Only in this way can economic agents take into account the agenda of the other party, and correctly assess the message's merit or accuracy. Actively pursueing to hide the source of the message serves only to obscure that agenda, and amounts quite simply to misleading the viewers; which may be substantially different to false advertising, but is fraudulent none the less.

      Put in economic terms; it distorts the marketplace of ideas.

      In stock markets such practices (distributing messages about the positive aspects of a stock, while obscuring the source) is flat out illegal. Think of it in terms of shilling, astroturfing, misrepresenting, impersonating, etc. For financial gain.

      And that's just the economic reasons why it's a Bad Thing, not to mention the moral implications of, well, dishonesty.

      --
      SCO employee? Check out the bounty
    4. Re:Just turn the box off... by dR.fuZZo · · Score: 4, Insightful

      Do you want free TV? If so then expect commericals. Expect product placement. If you don't then purchase your TV channels.

      Oh, that's funny... I pay my cable bills every month, yet somehow I still get all these commercials. I'll have to give the cable company a call, because they must have goofed up and forgotten to take them out.

      --
      -- dR.fuZZo
  4. He said she said blah blah blah by segment · · Score: 4, Insightful
    Smoking in teenagers and watching films showing smoking

    What kind of title is this really? To use something not even written properly is digraceful I mean what teh fsck? [source listed on pdf]

    Hollywood needs to stop promoting smoking worldwide

    What ever happened to freedom of choice? Philip Morris co isn't forcing anyone to smoke, nor is Hollywood. People make their own decisions and not some advertiser.

    The tobacco industry recruits and retains smokers by associating its products with excitement, sex, wealth, rebellion, and independence. Films are a powerful way to make this connection---and, as a paper in this week's issue of Tobacco Control shows,1 they succeed.

    Retains smokers with sex, wealth, rebellion? Shit where is my money, and sex? I smoke because I choose to, and I know the consequences of my actions. I am not being misled by anyone but myself for smoking. These lobby groups distort facts, and this request is ridiculous. Personally I think this group should have specified a "specific" company, as their current demand can affect anyone advertising. Say someone on Friends drinking Pepsi, get realistic what would they expect a cloudy dot around anything with a label? Oh Please, Patriot Act for advertising now. Shoddy article, unrealistic demand.

  5. Re:A little First Post happy?? by Elwood+P+Dowd · · Score: 4, Insightful

    Right. But they still have all those rules about fraud.

    Show us an example of a bad product placement, one that would be changed by requirements of "honesty and fair dealing," and then perhaps we can consider laws to rectify the problem.

    Otherwise, no one cares.

    --

    There are no trails. There are no trees out here.
  6. Re:Too bad it's unenforcable... by geekoid · · Score: 3, Insightful

    When you can't tell the differnce between advertising and the show.

    Basically, they want to be sure that the shows don't violate truth in advertising.
    Or that som news show doesn't do an article on the health benefits od (insert paid product ad here)
    or worse, take money from company A to report the bad dealings at the competitor.

    They people in charge of this are drawing the line. If you don't like it, get active and try to change it. I suspect the line will be perfectly acceptable to most reasonable people.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  7. Blaming Tivo? by IronChef · · Score: 3, Insightful

    Aren't there only a couple hundred thousand (or so) PVRs in use? Neither ReplayTV nor Tivo has been wildly successful.

    Of course you can take mine when you pry it from my cold, dead etc....

  8. Nothing New by psydeshow · · Score: 4, Insightful

    Do you ever watch Entertainment Tonight? Who do you think pays for that show... could it be... movie studios?

    Seriously, it's one big infomercial, only you don't notice because "entertainment news" is a genre that predates our notions of product placement.

    Banning this sort of commercial speech would mean the end of television as we know it in the U.S., because most shows (especially game shows and "reality" programs) rely to some degree on the income generated by loan-outs, trade-outs, and outright sponsorship. In other words, not gonna happen.

  9. Re:NBC and Computer Associates. by BooRadley · · Score: 4, Insightful
    Hmmmm... You're a computer professional, and you remember not only the placement, but the brands and company that were marketed there.



    I'd say mission accomplished.

    --

    -- lk t lv ll th vwls t f wrds. T svs lts f tm t wrt bt ts pn n th ss t rd nd mks m lk lk cmplt dpsht.

  10. Re:Bigger Fish to Fry by Dirtside · · Score: 3, Insightful
    I think I heard that almost all of those words are allowed now.
    Hm. Ignorant AND credulous. There's a winning combo.

    FYI, the seven words are shit, piss, fuck, cunt, cocksucker, motherfucker and tits. (George Carlin actually made up that list; there's quite a lot of others you couldn't say then and still can't say now.) At any rate, none of those words are allowable on American broadcast television, even now, in late 2003. You'll hear them on (some) cable channels, but not on the networks. (There may have been occasional exceptions, but I doubt many.)

    There's not a lot of cussing on broadcast TV, which is presumably what you're referring to. At worst, it's the low-level swear words: damn, hell, ass. You think words like that are offensive? Or that they're any more prevalent than they are in real life? God* help you.

    * There is no God.

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  11. Re:A little First Post happy?? by Sphere1952 · · Score: 3, Insightful

    "... required of infomercials to uphold honesty and fair dealing."

    There is no honesy and fair dealing. If you want honesty and fair dealing then start by breaking up the Big corporations. After they're gone we ought to be able to get small and medium sized businesses to behave.

    --
    Big Brother Bush is doubleplus ungood.
  12. Unstoppable Saturation by nhavar · · Score: 4, Insightful

    The problem in advertising today is that the market is saturated. Every vertical and horizontal surface, every book, every magazine, TV show, radio show, tape, dvd, CD insert, restaurant menu, bathroom, cereal box, and milk jug in America is covered with one form of advertisement or another. It's become so much static to most people that the best the most advertisers can hope for is that they flood enough of their trademark or buzzword out there that we'll be imprinted with it and familiar with it enough to maybe buy it if we're in the position to do so.

    Most companies now spend more in marketing and advertising than they do on research and development. Sometimes like within the pharmaceutical companies it's dispraportionate to say the least (think millions vs. billions). All the while they are ignoring the signs that the consumers they are trying to reach are just overwhelmed, tired, and burnt out. The consumers don't want to get another SMS message about Viagra, they've seen everyone and their brother push 10-10-blah blah blah, they could care less about penis enlargement, they got the oxy-clean and it sucked... and on and on and on. They're tired of getting burned by products that are nothing like they are represented to be and they're tired of seeing advertisements that say absolutely NOTHING about the product (livitra!!!!) They're tired of 1/6 of their screen being taken up by ads during the broadcast and then 22 minutes of an hour long show being commercials. They're frustrated with not being able to watch ANY show without seeing some dumbass branding icon covering a corner of the screen.

    And what do the advertisers and networks do in response to this burn out - attempt to stoke the fires by finding NEW ways to reach the customer. HELLO!!! IS ANYONE OUT THERE? IS ANYONE LISTENING?!? YOU'RE SCARING AWAY CUSTOMERS NOT DRAWING THEM IN. They're checking out, they're ditching their TV's, they're watching only DVD's, reading books, hiking. They don't want more ads, they want entertainment, and they sure as hell don't want ads weakly disguised as entertainment, newstainment, infotainment, or any other "snazzy" new term.

    So when the industry won't listen and won't learn and won't even attempt to come to the level of the consumer then what choice does the consumer have? Government regulation! Yes it's sad but true. See companies continue to profit not because of growth or new business but by making lower quality products, selling at higher prices, and outsourcing everything imaginable. Then when sales can no longer produce any profit and all of the costs have been cut there are three choices buy out, sell out, sue (rinse and repeat).

    Once they take one of these strategies it becomes an endless cycle. They get a few years maybe of more of the same cost cutting out sourcing, growth through acquisition, money from investors who think they see a profit. Then a few years down the line they spin off the businesses again, promise new and better products and start the cycle over.

    We see it right now. The RIAA companies have merged so many times that theres hardly anyone left, costs are high despite cost cutting measures, sales are low despite massive marketing efforts. The only out increase advertising and SUE the consumer. 'Of course it's the consumers fault that profits are down and if they just couldn't skip over our advertisements or block them out then they'd have to pay'.

    Look at the entertainment market today. You have perfectly good shows being cancelled because advertisers don't know how to market to that group of a million people. They can't figure out what product this demographic or that demographic will respond to so when their spots fail to bring in any new sales they drop it and great shows go away. And who loses - the consumer.

    So tell me what are the options? Dropping out doesn't seem to have made TV any better. Most people I know watch maybe a hour or two a week and TV continues to get worse. Movies are crap with few exceptions, music is garbage, I can't pick up a magazine or a newspaper without being frustrated by the amount of ads. How EXACTLY do we get through to the companies that they need to knock it off with all of the damn advertising (aside from direct government regulation).

    --
    "Do not be swept up in the momentum of mediocrity." - anon
  13. Disclosure? by Rimbo · · Score: 4, Insightful

    Maybe it's because the TV programs are fiction.

    I have to agree with the original post. I don't see the big deal here. If you don't want to see ads, turn off the tube. If you don't want to see product placements in your TV series, watch different TV series. Or don't watch the TV at all.

    Consider this: I pretty much just watch football on TV, which is nothing but product placements -- not just for the various equipment manufacturers and beer companies, but also for the teams themselves. There are no disclaimers necessary, because if the equipment is bad, I'll get a good chance to see it for myself.

  14. Infomercial vs Sitcom by (54)T-Dub · · Score: 4, Insightful

    If we don't stop this now, then the line between a product placment sitcom and an infomercial becomse a blur. It will be a way for all infomercial creators to get around legistlation meant to protect users against fraud.

    "We weren't actually saying that it would not cause harm to eat our product, it was a fictional sitcom"

    --

    "I can not bring myself to believe that if knowledge presents danger, the solution is ignorance" - Isaac Asimov
    1. Re:Infomercial vs Sitcom by Elwood+P+Dowd · · Score: 3, Insightful

      And hopefully, the judge would say, "You paid money to get people to eat your product. It hurt them. You're going to jail."

      Once that fails to happen, you'll have an actual example to point to. Show us the existing laws failing.

      --

      There are no trails. There are no trees out here.
  15. I have bookmarked this thread by Mike+Hawk · · Score: 3, Insightful

    For the next time some hippy says "information wants to be free." Well clearly only some information according to the slashbots. If information wants to be free, so be it. If someone is showing you that, in their humble opinion, pepsi is a delicious beverage far superior to other national brands, so be it. If someone is demonstrating that, in their humble opinion, a honda is a mighty fine automobile to drive, so be it.

    Oh government, save us from Fox Mulder getting a haircut at supercuts. Look at that basketball player! He's clearly wearing nike shoes! But don't you dare say whose copyright we can and cannot infringe.

    From FTC.gov
    What truth-in-advertising rules apply to advertisers?
    Under the Federal Trade Commission Act:

    advertising must be truthful and non-deceptive;
    advertisers must have evidence to back up their claims; and
    advertisements cannot be unfair.
    Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. And every state has consumer protection laws that govern ads running in that state.



    Wow no mention of to what types of advertisements this applies. So I bet it already covers product placement.

    Oh Holy Government, deliver us from everyone who sells products. Most Benevolent Government, I cannot get myself to turn the TV off, so please, in thine mercy, clense the airwaves of any chance for profit. I mean, jobs are soooooooo overrated.

    So is information free, or not?

  16. Re:UK has left-wing policies by C10H14N2 · · Score: 3, Insightful

    For that matter, the United States is more left-wing than France, since we spend in taxes FAR more per capita than France or Britain on health care and social insurance. There is a huge misconception that the United States does not have socialized medicine. We have the most well-funded social health system in the world. We also have the most backwards, ill-designed, ineffective system whereby the government forces providers to provide the most costly emergency services, yet allows them to deny less expensive preventive services, centralizes funding, then decentralizes distribution through the states, which then dole out to both public and private providers adding a beyond byzantine amount of administrative overhead and consumer confusion. Canadians and Britons pay far less in taxes, yet have universal coverage that is more effective and costs them far less.

    Don't start harping about how they all die in the hallways -- that is FAR more of an American problem where over 40% of people get their medical service in the Emergency Room when the condition has become life-threatening, thus costing you the taxpayer tens to hundreds of times more than it should have and causing trauma centers to pile up with patients.

    It has nothing to do with running "a nanny state" and everything to do with basic concepts of public health like preventing epidemics. Like it or not, it IS in YOUR interest to ensure that your seemingly unwashed, irresponsible neighbors have health care so they won't accidentally kill you when they sneeze.