Thursday, October 22, 2009

Writers Guild Wants to Push the Product Placement Envelope

by Adonis Hoffman

The Writers Guild of America has petitioned the new Chairman of the Federal Communications Commission to pass new rules on product placement.

Specifically, the WGA wants the FCC to regulate more strictly the disclosure of commercial products that are embedded in program content.

My view is this:

"Arguments for stricter rules for embedded advertising imply there is an underlying harm simply because a product appears in the show. We cannot forget the guidance the Federal Trade Commission provided on this issue when it ruled that when a product merely appears in the content without making a claim it is little more than a prop.

"If more clarification is needed, a statement at the end (or even the beginning of a program) noticing that some 'props' in the show were paid for, would seem to address the issue of transparency. Beyond that, there remains the issue of harm. Thus far, no one has made a clear or compelling case that consumers are harmed by products merely appearing in the content."

(c) 2009