NEWS RELEASE
For More Information Contact: Robert Weissman (202) 387-8030
For Immediate Release: June 20th, 2007
Commercial Alert Charges Jack Daniels' Sponsorship of Television Series Violates Industry Marketing
Jack Daniels’ sponsorship of “Mad Men,” a television series to be aired on the AMC network starting July 19, violates the hard liquor industry’s trade association marketing code, the nonprofit organization Commercial Alert charged today.
In a complaint filed with The Distilled Spirits Council of the United States (DISCUS), Commercial Alert called on DISCUS to recommend that Jack Daniels and its parent company, Brown-Forman, withdraw sponsorship of the program. The sponsorship arrangement is being labeled “branded entertainment:” Jack Daniels will co-promote the series, appear in advertisements for the series, and the whiskey brand will be prominently featured in the program.
“Based on the material on AMC’s web site, it appears that the sponsorship arrangement will violate numerous provisions of the industry’s self-regulatory marketing code,” says Robert Weissman, managing director of Commercial Alert. Among these provisions are prohibitions on alcohol marketing in association with depictions of irresponsible drinking and intoxication, and overt sexual activity or sexually lewd images or language.
The Commercial Alert complaint acknowledges that withdrawal of Jack Daniels’ involvement with the series would pose difficulties. “Still,” it argues, “there is no reason why a company should be able to escape normal enforcement and implementation of the Code simply because it chooses to violate the code in such brazen manner that curing the violation would cause non-trivial complications for a major television series.”
If DISCUS declines to recommend termination of the sponsorship arrangement, the complaint argues, DISCUS should urge that Brown-Forman/Jack Daniels pay for counter-advertisements by independent public health organizations, to be aired before, after and at the mid-point of each episode of “Mad Men.” The complaint also calls on DISCUS to adopt a forward-looking prohibition on future “branded entertainment” ventures by hard liquor companies.
“It is important to emphasize that our position on the Jack Daniels/Brown-Forman-"Mad Men” deal in no way undermines or threatens anyone’s artistic integrity,” says Weissman. “Our complaint in this instance is not with the portrayal of heavy alcohol consumption, or even with the glorification of such heavy consumption; it is specific to industry sponsorship of and entwinement with such portrayals. Quite different issues are raised where artists choose to depict such activities in the absence of industry sponsorship.”
The full text of the complaint is below:
Robert Weissman
Commercial Alert
P.O. Box 19002
Washington, DC 20036
http://www.commercialalert.org
June 20, 2007
DISCUS Code Review Board
1250 Eye Street, N.W., Suite 400,
Washington, D.C. 20005
Attn: Lynne Omlie,
Re: Complaint Regarding Brown-Forman/Jack Daniels sponsorship of the AMC television network series “Mad Men”
To the DISCUS Code Review Board,
I am managing director of Commercial Alert, a non-profit organization whose mission is to keep the commercial culture within its proper sphere, and to prevent it from exploiting children and subverting the higher values of family, community, environmental integrity and democracy.
I am writing to lodge a complaint against Brown-Forman for violating The Distilled Spirits Council of the United States’ (DISCUS’) “Code of Responsible Practices for Beverage Alcohol Advertising and Marketing.”
Apparent Violations of the Discus Responsible Marketing Code
Brown-Forman is the sponsor of “Mad Men,” a new series to be aired on the AMC cable network, starting July 19, 2007. Mad Men tracks a fictional advertising agency around 1960, and revels in its characters’ heavy smoking and drinking. The series is sponsored by Brown-Forman’s brand Jack Daniels. The sponsorship arrangement reportedly involves both product placement and other promotion of Jack Daniels.
We have not been privy to previews of “Mad Men,” but AMC has extensive material about the program on its website. The first scene shown in the “Sneak Peek” for the program demonstrates that sponsorship by a liquor company cannot be squared with the DISCUS Code. In this scene, one of the main characters of the show visits a female colleague. Swirling a drink in hand, he laments trouble at work (somewhat ironically, the challenge of selling cigarettes in light of health evidence). Within moments, the female character rips open her shirt and the two begin kissing, before the preview cuts away to comments from the series’ writer/producer.
It is not clear from this limited clip if the drink in this scene is identified as Jack Daniels, but this point is not particularly important, since Jack Daniels is a sponsor of the entire series, and the entire series is, as the New York Times describes, “branded entertainment.” In that context, this scene violates Discus Code 25, which states that “advertising and marketing materials should not contain or depict … overt sexual activity” (or graphic or gratuitous nudity; promiscuity; or sexually lewd or indecent images or language). The clip seems representative of the program, not exceptional, so it is likely not unique.
The promotional material on the AMC site also makes clear that the series will represent sexual harassment at the workplace, which it holds to be reflective of the era. It seems very likely that this will involve sexual lewd or indecent language (nor is it at all clear from the promotional material that this behavior will be shown in an unfavorable light), and quite possibly will involve degradation of women (in violation of Code 22).
The very prominence of heavy drinking in the program suggests it is likely to feature and glorify excessive and irresponsible drinking. The New York Times reports, for example, that the first episode of the program features excessive drinking at a bachelor party. This seems to plainly violate Discus Code 13:
“Beverage alcohol advertising and marketing materials should not depict situations where beverage alcohol is being consumed excessively or in an irresponsible manner. These materials should not portray persons in a state of intoxication or in any way suggest that intoxication is socially acceptable conduct, and they should not promote the intoxicating effects of beverage alcohol consumption.”
We are limited in our ability to identify all the ways in the series violates the code because it is not yet available for viewing. But the material on the AMC web site suggests the possibility Jack Daniels’ sponsorship of the series violates several other provisions of the code, among them:
• 15. Beverage alcohol advertising and marketing materials should contain no claims or representations that individuals can attain social, professional, educational, or athletic success or status as a result of beverage alcohol consumption.
• 17. Beverage alcohol advertising and marketing materials should not portray beverage alcohol being consumed by a person who is engaged in, or is immediately about to engage in, any activity that requires a high degree of alertness or physical coordination.
• 21. Beverage alcohol advertising and marketing materials should reflect generally accepted contemporary standards of good taste.
• 23. Beverage alcohol advertising and marketing materials should not contain any lewd or indecent images or language.
It may well be that other code provisions are violated, as well.
Remedies
The DISCUS board should request the opportunity to preview “Mad Men” immediately, rather than wait until it airs to evaluate this and any other filed complaints.
If in fact the Jack Daniels sponsorship of “Mad Men” violates the DISCUS code, as it certainly seems to, following precedent DISCUS should recommend that Jack Daniels withdraw its sponsorship, and apply pressure that Brown-Forman/Jack Daniels do so. As the open letter in the most recent edition of the Discus Semi-Annual Code Report notes,
If a provision of the Code has been violated, the Board urges that the advertisement be revised or withdrawn. Throughout the decades, there has been 100% compliance by DISCUS members with the Board’s decisions and overwhelming compliance by non-DISCUS members.
We acknowledge that the nature of Jack Daniels’ sponsorship of “Mad Men,” and the integration of the marketing campaign with 13 hours of television programming, poses unique challenges. Still, there is no reason why a company should be able to escape normal enforcement and implementation of the Code simply because it chooses to violate the code in such brazen manner that curing the violation would cause non-trivial complications for a major television series.
If the Board does find that Jack Daniels’ sponsorship violates the Code, but is unwilling to recommend that Brown-Forman withdraw its sponsorship and marketing arrangement, then it must search for the best alternative remedy. Unlike most complaints to the Board, we are able to file this complaint before the marketing has occurred. It is incumbent on the Board to take proactive measures at least to reduce the harm caused by Jack Daniels’ sponsorship. Failing a willingness to urge withdrawal of the sponsorship and marketing arrangement, it is our recommendation that Jack Daniels/Brown-Forman be urged to pay for counter-advertising. The company should be urged to allocate funds so that independent alcohol control organizations are able to prepare extended video segments that would appear before, at the mid-point of, and after each episode of “Mad Men.” The company should also be required to pay for the advertising cost associated with airing such segments.
The Board must also develop a forward-looking response to the Jack Daniels/Brown-Forman foray into branded entertainment. Here, it is clear what should be done: DISCUS should adopt a uniform prohibition on branded entertainment. There is no plausible scenario in which such arrangements may be undertaken that are compatible with the DISCUS code.
As a final note, we want to clarify matters about our views on industry advertising. First, we do believe all hard liquor advertising should be eliminated from television. Second, we wish to emphasize that opposing hard liquor advertising has nothing to do with prohibitionist impulses; it does recognize the special nature of alcohol as a product, the reality that advertising affects cultural attitudes and consumption practices, and the scale of the public health problems attributed to alcohol abuse. Finally, we want to preemptively emphasize that our position on the Jack Daniels/Brown-Forman-"Mad Men” deal in no way undermines or threatens anyone’s artistic integrity. Our complaint in this instance is not with the portrayal of heavy alcohol consumption, or even with the glorification of such heavy consumption; it is specific to industry sponsorship of and entwinement with such portrayals. Quite different issues are raised where artists choose to depict such activities in the absence of industry sponsorship.
Mad Men begins airing July 19. Given the time sensitivity of this complaint, we look forward to your rapid reply.
Sincerely,
Robert Weissman,
Managing Director