Broadcasting Telecasting (Oct-Dec 1963)

Sponsors buy 'Powell' A poll conducted by Four Star Distribution Corp. shows that the Dick Powell Theater is fully sponsored in 75% of the markets carrying the series. Len Firestone, vice president and general manager, reported last week that he considers this sales achievement "a record" in the syndication field. The series is sold in 38 markets. The poll resulted in 29 replies, Mr. Firestone said, and 19 stations report the show is sold out while five stations noted that it is partially sponsored and "moving towards SRO status." which to base a sound media decision. What About Programing? ■ Maury Webster, vice president and general manager of CBS Radio Spot Sales, took a different approach in discussing the key to radio's future at the clinic. That key, he averred is programing. He said that although radio will continue to be an entertainment medium, its great potential is as a medium of information and service. The proper editorial climate, he said, "is not only good for the listener, it's valuable to the advertiser." John F. Shima, media group head at Kenyon & Eckhardt, who also addressed the clinic, expanded on the point saying: "There is little knowledge at advertising agencies of how to use programing values, little awareness of programing in radio at all." He attributed this situation to four factors: buying ratings is too easy; the problem of understanding programing policies of 3,000 stations; lack of understanding on the part of agency people of how to use programing information and the too facile classification of stations into categories such as "rocker," "good music," or "formula." The answer to these problems, Mr. Shima suggested, is to educate agency people to the importance of programing by such methods as station profile tapes, relation of programing to the demographic characteristics of the market and emphasis on the difference in listener attention level which specific programing produces. Court rules 'truth' is a relative term The eye of a television camera may be as deceiving as the human eye. What it sees may appear distorted and "reality" may need to be fabricated. However, material substitution should not be a tool for deceptive advertising. This was the message contained in a decision handed down last week by the United States Court of Appeals, New Orleans, ordering the Federal Trade Commission to reframe its cease and desist order against Carter Products Inc., manufacturer of Rise shaving lather. The FTC order was issued in May 1962, and ordered Carter to cease ad practices that disparaged competing products through the use of deceptive TV commercials. The commercials showed Rise as the lather "that stays moist and creamy" while showing, in action, a competing product that did not remain moist. The competing cream was not really lather but "ultra-wet 60L," a foaming agent, and 90% water. Judges John M. Wisdom, Walter P. Gewin and Orie L. Phillips presided over Carter's appeal, with Judge Wisdom writing the decision. Judge Wisdom granted that technical shortcomings often require that substitutes be used for the real things in TV commercials. He noted, "On television truth is a relative term. Assuming that collisions between truth and salesmanship are avoidable, i.e., that mock-ups are not illegal per se, the basic problem this case presents is: what standard should the FTC and the courts work out for television commercials so that advertisers will appear to be telling the truth, consistently with Section 5 of the Federal Trade Commission Act prohibiting unfair advertising practices." Tough Scrape ■ Judge Wisdom wrote that the findings of the Colgate-Palmolive "sandpaper" case apply to the Carter case. In the "sandpaper" case C-P used a mock-up of sandpaper to demonstrate the soaking action of shaving cream. The FTC called the commercial deceptive, to which the court agreed but set aside the FTC's order on the grounds that the commission's criteria in arriving at its decision were unacceptable. The FTC decided that although one would not purchase shaving lather to barber sandpaper, the promotion was nevertheless deceptive. Carter's Rise demonstrations also were consdiered "false and misleading" by the court. Judge Wisdom said, "Although we uphold the commission on the merits, we have difficulty with the order." Following the precedent set in the C-P "sandpaper" case the FTC was ordered to modify the cease and desist order issued to Carter. The court suggested the commission delete the word "genuine" and accept mock-ups that "compensate fairly for the technical limitations of television," however prohibit simulations that distort "the actual qualities" or products depicted. 54 (BROADCAST ADVERTISING) BROADCASTING, October 7, 1963