The New York Times reports today that TNT will launch a new show "Trust Me" Monday about a fictional ad agency that goes head to head with real agencies like Leo Burnet and DDB. Written in cooperation with brand managers for UniLever, Amheiser Busch InBev and GM, products like Dove and in some cases their real-life brand managers are written into the program. TNT is simultaneously launching an online game for viewers to create their own ad campaigns.
Sounds entertaining? Tell it to the FCC which sought comments in 2008 on whether broadcasters should be required include an on-screen "crawl" whenever product placements occur in a TV program. The AAF, 4As, ANA and media companies rebuttal comments are here.
The FCC has a low opinion of the average TV viewer's IQ. Facing thousands of brand impressions every morning on their way to work and school, consumers are far more savvy than the FCC believes. In my house there is a competitive effort to rout out all ad references.
From my perspective as a content clearance attorney, the trend toward branded entertainment means advertisers and agencies should take care to avoid a claim of false endorsement or affiliation arising from a inadvertent (or intentional but unauthorized) background logo or brand reference.
