Day 050 - 10 Nov 94 - Page 33
1 might interpret that in a more extreme way. But I do not
2 think it is the case that in other countries they would
3 ignore the point.
4
5 Q. So, for example, in that last quote that I read out,
6 "Direct or Emotional Appeals" in the BACC guidelines ---
7 A. Yes.
8
9 Q. -- where it says: "Advertisements should not attempt to
10 sell products to children by appealing to emotions such as
11 pity, fear, loyalty self-confidence etc", that may also
12 could include loneliness?
13 A. Yes. That is not an exclusive list. It gives examples
14 of the kind of emotions they would object to being
15 exploited.
16
17 Q. Are you aware of any recent decision in Denmark which ruled
18 against McDonald's advertising their food through the use
19 of toys, on the grounds that they were really promoting
20 toys? Well, they were promoting food, but they were
21 actually getting the children in on the basis of the toys
22 and, therefore, it was deceptive?
23 A. No, I was not aware of that.
24
25 Q. Are you aware of that kind of guideline, though, in Denmark
26 or in other countries?
27 A. Certainly, in some countries, the use of premiums --
28 which, as I explained, are part of sales promotion
29 methods -- the use of premiums is not permitted, or limits
30 are placed on the value of a premium, or there are other
31 regulations.
32
33 The rules on sales promotion differ quite substantially
34 from one country to another. In this country, we have a
35 fairly liberal interpretation on that subject. In certain
36 countries, they have a very tight interpretation on
37 premiums and gifts.
38
39 Q. And the advertising of them?
40 A. Yes.
41
42 Q. What would be their reason for having those regulations?
43 A. Different countries have different cultural habits,
44 traditions. There may have been a particular case years
45 ago which caused some problems and, therefore, they passed
46 a rule which, in other countries, was not felt to be
47 necessary. There are all sorts of reasons why individual
48 countries differ in the rules they have. Sometimes it is
49 protectionism. There are many different, cultural reasons.
50
51 Q. In your experience, one of those reasons that you have
52 heard of for that prohibition on premiums is because it
53 would be felt that promoting a product through a premium
54 could, in itself, be deceptive, especially for children?
55 A. I am not sure about "deceptive", but in some countries,
56 Germany for example, they take things very literally and,
57 therefore, the Germans tend to regard an advertisement for
58 product X as being only about product X; it must not
59 involve other products.
60
