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US Watchdog Bans Photoshop Use In Cosmetics Ads

MrSeb writes "In an interesting move that should finally bring the United States' fast-and-loose advertising rules and regulations into line with the UK and EU, the National Advertising Division (NAD) — the advertising industry's self-regulating watchdog — has moved to ban the misleading use of photoshopping and enhanced post-production in cosmetics adverts. The ban stems from a Procter & Gamble (P&G) CoverGirl ad that photoshopped a model's eyelashes to exaggerate the effects of a mascara. There was a footnote in the ad's spiel about the photo being manipulated, but according to the director of the NAD, that simply isn't enough: 'You can't use a photograph to demonstrate how a cosmetic will look after it is applied to a woman's face and then — in the mice type — have a disclosure that says "okay, not really."' The NAD ruled that the ad was unacceptable, and P&G has since discontinued it. The ruling goes one step further, though, and points out that 'professional styling, make-up, photography and the product's inherent covering and smoothing nature' should be enough, without adding Photoshop to the mix. The cosmetics industry is obviously a good starting point — but what if the ban leaks over to product photography (I'm looking at you, Burger King), video gameplay demos, or a photographer's own works?"

45 of 383 comments (clear)

  1. Count on the NADs by Toe,+The · · Score: 5, Funny

    Interesting that the NADs would be protecting me from beautiful women. Hm.

    1. Re:Count on the NADs by Zedrick · · Score: 5, Insightful

      If they were beaufiful they wouldn't use mascara.

      (please think about it for a few minutes before modding me down)

  2. New invention by Tablizer · · Score: 5, Funny

    I'm creating an analog version of Photoshop for beauty enhancement. I'm kicking around 3 names for it right now: 1) Flugrup, 2) Snibb, and 3) Makeup.

  3. Huh? by Baloroth · · Score: 3, Funny

    Since when did cosmetics, and most especially the advertisements thereof, have anything to do with reality? They are like real life photoshop.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  4. They're not protecting you by Foxhoundz · · Score: 5, Insightful

    They're protecting millions of impressionable young girls who might be exposed to these ads.

    1. Re:They're not protecting you by jellomizer · · Score: 5, Insightful

      Yes, but digital manipulation ban isn't really an answer.
      I mean the cosmetics companies can make adds and show these people without using any of their stuff. Also it is applied by professional makeup attest. Using the correct lighting and angles to hide imperfections.
      Find a skinny girl (one with anorexia will work best because they are already a skeleton, you can always build up not down) Pad up the right places and put layers of makeup and there you have an unrealistic image of the cultures version of a beautiful woman used to sell a product.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:They're not protecting you by Anonymous Coward · · Score: 4, Insightful

      The word you were looking for was "some" cosmetics that target men, not "lots". They do exist, but they are a minuscule fraction of the cosmetic market.

      It is still very rare for men to use cosmetics today. It is not "quite common", not by a long shot.

    3. Re:They're not protecting you by snowgirl · · Score: 5, Insightful

      They're protecting millions of impressionable young girls who might be exposed to these ads.

      Actually, they're protecting against fraudulent advertising. If I'm looking at an add for mascara, then I should expect that the model is wearing the mascara, and that the effects of the mascara aren't being modified beyond that of the mascara itself.

      It's like an ad for a car, where the car has been photoshopped to look nicer. That's not actually the car!

      Yes, someone else above is arguing that makeup itself is essentially real-life photoshopping, but then that is kind of the point. If the makeup is working properly, then the advertisements shouldn't need more photoshopping. How am I to evaluate the effectiveness or worth of the makeup, if the makeup's effects are muddled with other effects?

      --
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  5. Now they'll just gimp the models in the photos by Culture20 · · Score: 5, Funny

    Yeah I went there.

  6. Adobe eight times by tepples · · Score: 4, Funny

    The ExtremeTech article mentions an Adobe product by name eight times but doesn't mention its competitors once. I haven't had a chance to read the regulation myself, but someone reading the ExtremeTech article might come away with the impression that people who use non-Adobe software might get off easier, even if the capabilities of non-Adobe software are GIMPed by comparison.

    1. Re:Adobe eight times by Zironic · · Score: 4, Informative

      The actual ruling uses terms such as "post production techniques" as the catch all term.

    2. Re:Adobe eight times by N0Man74 · · Score: 4, Funny

      Or maybe... the name "photoshop" has become so ubiquitous that it has come to be synonymous with "computer aided photo manipulation". It is not uncommon for brand names to infiltrate culture so successfully that the trademarked brand name ceases to be relevant.

      I suggest that you take a sharpie and a post-it note and write yourself a reminder to google this phenomenon. If that sounds like too much of a headache, take an aspirin and maybe tivo a documentary on it.

    3. Re:Adobe eight times by dotancohen · · Score: 3, Interesting

      Or maybe... the name "photoshop" has become so ubiquitous that it has come to be synonymous with "computer aided photo manipulation". It is not uncommon for brand names to infiltrate culture so successfully that the trademarked brand name ceases to be relevant.

      I suggest that you take a sharpie and a post-it note and write yourself a reminder to google this phenomenon. If that sounds like too much of a headache, take an aspirin and maybe tivo a documentary on it.

      I once heard a woman say that she was googling in her refrigerator for ketchup. I wanted to ask her if she photoshops her face before she goes out.

      --
      It is dangerous to be right when the government is wrong.
  7. Government Regulations Ruin My Business Model! by eldavojohn · · Score: 4, Funny

    But who will I sell my "Circus Clown Photoshop Plugin Set" to now?! Who else could possibly need my patented "Whorify" brush?

    --
    My work here is dung.
    1. Re:Government Regulations Ruin My Business Model! by theillien · · Score: 5, Informative

      As humorous as that is, it isn't a government regulation. At least, not in the sense that I think you're presenting. NAD is an regulatory body set up by the cosmetics industry to police itself.

  8. Burger King was my first thought too by frovingslosh · · Score: 3, Insightful

    Yea, I really wish someone in the government would make the fast food industry stop the clearly deceptive advertising. The pictured sandwiches are nothing like what you are actually buying. It is one thing to say "we took extra care to make it look good, positioned all of the parts perfectly, and photographed it under good lighting, it is quite another to photograph larger portions than the customer will ever get.

    --
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    1. Re:Burger King was my first thought too by v1 · · Score: 5, Insightful

      In the case of fast food, no reasonable person over the age of three expects to actually get a burger that looks like the picture.

      If that alone were just allowable justification for manipulating ads, then they would be allowed to put a note somewhere in the ad (just as the mascara ad has done) to make sure that "every reasonable person knows this is BS".

      In the case of the food, I am paying cash in advance at window 1 for what's in the picture on the glass. That's what I should be reasonably able to expect to receive at window 2. Now yes, everyone that has any experience with fast food restaurants knows this isn't how it works, but that's due to experience, not due to reasonable assumption. Take someone from another country that has never been to a fast food joint and see how they cry foul, "that looks very different than the picture in the window!" Just because you're used to how certain groups reliably false-advertise doesn't make it an acceptable behavior.

      Just because you're used to someone trying to deceive you it doesn't mean they're not actually engaging in deceptive behavior.

      --
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  9. Re:I think we should ban cosmetics completely by mwvdlee · · Score: 4, Insightful

    Ban clothes too! All they're doing is adding color to otherwise rather monotone skin color.

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  10. Re:I think we should ban cosmetics completely by SharkLaser · · Score: 4, Funny

    I actually agree with this. I don't use clothes at home either (or when browsing Slashdot), and if the weather permits, why should I need to use them outside either? Besides, we can all agree that it's just nice to see good looking naked people.

  11. Young women don't need makeup.... by sandytaru · · Score: 5, Informative

    A gal's perspective here. This is something that I learned as a teenager: Makeup is actually bad for your skin. If you care for your skin properly as a teenager and a young adult, and don't slather twenty layers of makeup on it daily, then your skin actually stays pretty nice looking through your thirties and forties. However, if you wear makeup regularly as a youngster, you'll need to wear makeup for the rest of your life. (Not smoking also helps a lot as well.)

    I do wear light makeup on special occasions, but during the week at work I just don't bother. I use a clear combo gel/powder with sunscreen called MagicX instead of foundation on "bad skin days." That's all I need, even though the cosmetic industry thinks I need to have twenty different products on my skin daily. I splurge on good lotions and night treatments, but because I do that, I don't need makeup - or photoshop - to have a nice looking face.

    --
    Occasionally living proof of the Ballmer peak.
    1. Re:Young women don't need makeup.... by roc97007 · · Score: 4, Funny

      Ignore him, he hasn't had a date, in, well, he's never had a date.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    2. Re:Young women don't need makeup.... by sandytaru · · Score: 4, Funny

      Girls on the internet: Single, sane, attractive. Pick two. (I'm the latter two. Got snatched up by a lucky guy nerd ten years ago.)

      --
      Occasionally living proof of the Ballmer peak.
    3. Re:Young women don't need makeup.... by Aladrin · · Score: 3, Insightful

      A guy's perspective here:

      Makeup looks bad. I mean, ugh. Horrifyingly bad. I can't count how many times I looked a girl's makeup-caked face in high school and felt like throwing up.

      Unless you're a professional makeup artist. Those people know to use the absolute minimum, and exactly how to get the effect they want.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    4. Re:Young women don't need makeup.... by roc97007 · · Score: 3, Insightful

      Speaking from experience, it's more interesting to pick (1) and (3). Not necessarily in a good way.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    5. Re:Young women don't need makeup.... by Kneo24 · · Score: 4, Insightful

      As a member of the male population, I would like to thank you for not giving in and wearing makeup all the time. There's a lot of charm to a woman who doesn't need to plaster her face in that stuff.

    6. Re:Young women don't need makeup.... by SleazyRidr · · Score: 4, Insightful

      Obligatory: http://xkcd.com/322/

    7. Re:Young women don't need makeup.... by ColdWetDog · · Score: 5, Funny

      My God.

      We're talking about makeup on Slashdot.

      If there was any better indication that we are heading toward the End of Days, I don't know what it is.

      --
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    8. Re:Young women don't need makeup.... by sandytaru · · Score: 3, Funny

      Stick around and I might share my recipe for fat free pumpkin spice cupcakes!

      --
      Occasionally living proof of the Ballmer peak.
  12. Re:How silly by Malties · · Score: 3, Funny

    Not to mention all of those souls being stolen by the devlish devices taking the pictures

  13. Re:I think we should ban cosmetics completely by c0lo · · Score: 4, Insightful

    You're right, but it still doesn't change the fact that cosmetics are practically real life version of Photoshop, and both are used to fake stuff.

    Well, on the same line: everybody in this world would need to wear a uniform - after all, different clothing are faking the stuff underneath. Should I continue?

    --
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  14. Good! by sootman · · Score: 5, Insightful

    I'd rather marketers be over-restricted than under-restricted. Talk about lying: just the other day I got an ad in the form of a fake rebate check. It looks just like a real check, of course, and it says "REBATE CHECK" in big letters and "This is not a check" in very small letters. WTF? Can I sell a pill that says "CURES CANCER!" in big letters and then "Does not cure cancer" in small letters just below it?

    (I'm not kidding. I can post a pic later if anyone wants to see proof.)

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    1. Re:Good! by Bogtha · · Score: 5, Interesting
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  15. Seems reasonable enough... by fuzzyfuzzyfungus · · Score: 3, Interesting

    Unless one wishes to cling to the trivially false illusion that humans are rational actors, who weigh all data inputs objectively, it seems fairly obvious that a gigantic picture asserting that Product X will make your face look like you've been born with perfect genes and then worked over by a talented retouch guy is a lie, even if accompanied by a 2pt flyspeck disclaimer that 'results not typical, you ugly hag, buy our product anyway or die scorned and alone'.

    Of course, on that basis, it's hard to imagine much of the advertising industry being left(Note, this does not represent criticism of this basis, no not at all). So much of advertising consists of more or less blatantly false images and video, followed by a tiny text disclaimer.

    As for the concerns mentioned at the end of TFS, I'm not sure I see the problem: this is arguably even more divorced from reality than cosmetics advertising, and the battle over pre-renders being pimped as "in engine"(recorded at 1FPS, with known-unusably-bugggy effects enabled with command line switches, on $10,000 workstation, played back at 30FPS, or just created by importing our highest resolution art assets into 3DSMAX...) in gameplay advertising has gone on for ages. As for 'photographer's own work', unless you assert that you, as a photographer, take 'pictures that objectively represent reality' rather than 'aesthetically pleasing pictures', why would photoshop be any worse than using a good lens or a low-noise sensor? In photojournalism, photochopping can be a serious problem; but in photography as art, you aren't making a truth claim, so it's pretty hard to lie...

    As voluntary standards by a private industry body, this seems like an unimpeachable step. The issue would get a bit more dicey were the state to step in, you'd have to adjudicate the line between expressive free speech and commercial fraud through deception; but if the marketweasels want to clean up a small part of their slime trail, all the better...

  16. Re:I think we should ban cosmetics completely by general_re · · Score: 5, Insightful

    Yeah, the trouble is, the people who want to walk around naked are generally the ones you'd least like to see undressed...

    --
    ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
  17. Re:I think we should ban cosmetics completely by mwvdlee · · Score: 3, Insightful

    I actually agree with this. I don't use clothes at home either (or when browsing Slashdot), and if the weather permits, why should I need to use them outside either?

    Hm, good question. Let me think about that for a while...

    Besides, we can all agree that it's just nice to see good looking naked people.

    That's why most people shouldn't be allowed to walk around naked.

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  18. If they do this to food, it kills the industry by gurps_npc · · Score: 3, Insightful
    Well, at least if they outlaw all the pre-photoshop fakes they use. Typically a picture of pancakes is done using motor oil because it looks like the perfect maple syrup. They add sopay water to cofee to make it look extra hot and bubbly. They stain barbecue ribs with wood stain to make it them extra juicy. They use dyed whipped crisco to make milkshakes look dense and creamy. As for milk - Elmer's glue sure takes a nice photo.

    Which of course is why the pictures of food NEVER look like what they serve you. On the plus side, you wouldn't really want to eat what they took pictures of.

    --
    excitingthingstodo.blogspot.com
    1. Re:If they do this to food, it kills the industry by SirWhoopass · · Score: 4, Informative

      Fakes are only allowed for the food not being sold advertised.

      Motor oil could be used as syrup when advertising pancakes, but not when advertising maple syrup.

  19. Re:I think we should ban cosmetics completely by ByOhTek · · Score: 5, Insightful

    In my experience, woman that use more than a minimal amount, tend to look worse. Makeup in almost all cases is *way* too obvious.

    It does tell me something of their thought processes, so I'm not too bothered. it's a useful metric.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  20. Re:I think we should ban cosmetics completely by ShavedOrangutan · · Score: 4, Funny

    Women's use of cosmetics bordens with pure fraud. They're faking themselves better looks than they really have to fraud men and thus try to gain money, power or anything else for their own advantage. It just isn't defined as fraud because the scheme has been going on for so long, but in reality it's the same. They're advertising something which they don't have and take advantage of men.

    Don't worry, that all stops once you're married.

    --
    Godaddy is a scam and a ripoff.
  21. Re:Product photography by jd · · Score: 3, Insightful

    Well, you won't get individual burger chains voluntarily making their ads look like crap (it won't improve sales but it will make their competitors look better), the same goes with cosmetics companies, et al. Voluntary compliance simply won't happen.

    Ok, what about the watchdog? Well, as the FCC found out when trying to impose rulings on network neutrality, the courts regard watchdogs as being not much more than mere advisory panels. In short, if a company took a watchdog to court, claiming that Congress had ruled these kinds of deceptive advertising to be non-protected Commercial Speech that they had First Amendment protections to be as deceptive as they damn well felt like, the company would almost certainly win.

    Which means that if you honestly believe that there's a limit to the acceptable level of deception, Congress has to have some involvement. It needn't be a full-blown law, and that would likely also fail as UnConstitutional, but there has to be something that is at that level which clearly denotes that there is a difference between protected commercial speech (satire/parody, comedic representation, figurative representation, et al) and actual attempts to deceive a customer into buying something that never existed. And, no, what the US currently has is obviously not enough, or the cosmetics companies would be up the proverbial creek without paddle (or indeed canoe) via lemon laws. The product is, after all, "defective" when compared with what it's sold as. They aren't and the watchdog didn't even bother using such laws, showing the laws have no value or significance.

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  22. Re:Product photography by Drew_9999 · · Score: 5, Insightful

    Your burger doesn't look as good as the one in the picture for a couple of reasons. One is that the artists making the picture are extremely good at showing the product in a flattering way, and that's not going to change. Another part of that is because some products simply can't sit under hot lights for an hour, so they don't even use the real thing. The only thing that removing digital alteration from the process will do is force advertisers to use non-digital means of making their products look good. Non-digital airbrushing is still effective, just not as cheap. The burger on the menu will still look like a team of professional artists worked to make it look at good as possible, and the burger on your plate will still look like it was assembled by a high school kid in a hurry.

  23. Re:I think we should ban cosmetics completely by bmo · · Score: 4, Informative

    You don't want to see me naked.

    --
    BMO "Have you ever seen a grown man naked?" - Airplane

  24. Re:I think we should ban cosmetics completely by theillien · · Score: 5, Funny

    I'd even go so far as to say I've seen what he's like on the inside.

  25. Re:How silly by squidflakes · · Score: 3, Insightful

    I can refute that pretty well. With good, soft, even lighting, a flattering pose, and attention paid to the facial shape and blemishes of the model, a good photographer can make just about anyone "pretty." Add in some professional make-up and hair work, and you're well on your way to making someone look far different than they do in real life.

  26. Re:How silly by ZombieBraintrust · · Score: 4, Insightful

    Ruling not about retouching photos. NAD doesn't care about using photoshop to remove models blemishes. This is about an advertisement that makes a specific claim about mascara increasing eyelash volume. The eyelash volume was made bigger using photoshop. NAD doesn't care if an advertisement for lipstick uses photoshop to make the eyelashes bigger.