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Advertising Software Technology

US Watchdog Bans Photoshop Use In Cosmetics Ads 383

MrSeb writes "In an interesting move that should finally bring the United States' fast-and-loose advertising rules and regulations into line with the UK and EU, the National Advertising Division (NAD) — the advertising industry's self-regulating watchdog — has moved to ban the misleading use of photoshopping and enhanced post-production in cosmetics adverts. The ban stems from a Procter & Gamble (P&G) CoverGirl ad that photoshopped a model's eyelashes to exaggerate the effects of a mascara. There was a footnote in the ad's spiel about the photo being manipulated, but according to the director of the NAD, that simply isn't enough: 'You can't use a photograph to demonstrate how a cosmetic will look after it is applied to a woman's face and then — in the mice type — have a disclosure that says "okay, not really."' The NAD ruled that the ad was unacceptable, and P&G has since discontinued it. The ruling goes one step further, though, and points out that 'professional styling, make-up, photography and the product's inherent covering and smoothing nature' should be enough, without adding Photoshop to the mix. The cosmetics industry is obviously a good starting point — but what if the ban leaks over to product photography (I'm looking at you, Burger King), video gameplay demos, or a photographer's own works?"
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US Watchdog Bans Photoshop Use In Cosmetics Ads

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  • by Foxhoundz ( 2015516 ) on Friday December 16, 2011 @12:20PM (#38398630)
    They're protecting millions of impressionable young girls who might be exposed to these ads.
  • by SharkLaser ( 2495316 ) on Friday December 16, 2011 @12:24PM (#38398718) Journal
    Why only girls? Are you saying women are somehow more stupid than men? Both are equally stupid.
  • by frovingslosh ( 582462 ) on Friday December 16, 2011 @12:24PM (#38398720)
    Yea, I really wish someone in the government would make the fast food industry stop the clearly deceptive advertising. The pictured sandwiches are nothing like what you are actually buying. It is one thing to say "we took extra care to make it look good, positioned all of the parts perfectly, and photographed it under good lighting, it is quite another to photograph larger portions than the customer will ever get.
  • by mwvdlee ( 775178 ) on Friday December 16, 2011 @12:25PM (#38398726) Homepage

    Ban clothes too! All they're doing is adding color to otherwise rather monotone skin color.

  • by c0lo ( 1497653 ) on Friday December 16, 2011 @12:31PM (#38398832)

    You're right, but it still doesn't change the fact that cosmetics are practically real life version of Photoshop, and both are used to fake stuff.

    Well, on the same line: everybody in this world would need to wear a uniform - after all, different clothing are faking the stuff underneath. Should I continue?

  • Good! (Score:5, Insightful)

    by sootman ( 158191 ) on Friday December 16, 2011 @12:33PM (#38398878) Homepage Journal

    I'd rather marketers be over-restricted than under-restricted. Talk about lying: just the other day I got an ad in the form of a fake rebate check. It looks just like a real check, of course, and it says "REBATE CHECK" in big letters and "This is not a check" in very small letters. WTF? Can I sell a pill that says "CURES CANCER!" in big letters and then "Does not cure cancer" in small letters just below it?

    (I'm not kidding. I can post a pic later if anyone wants to see proof.)

  • by general_re ( 8883 ) on Friday December 16, 2011 @12:34PM (#38398908) Homepage
    Yeah, the trouble is, the people who want to walk around naked are generally the ones you'd least like to see undressed...
  • by mwvdlee ( 775178 ) on Friday December 16, 2011 @12:34PM (#38398910) Homepage

    I actually agree with this. I don't use clothes at home either (or when browsing Slashdot), and if the weather permits, why should I need to use them outside either?

    Hm, good question. Let me think about that for a while...

    Besides, we can all agree that it's just nice to see good looking naked people.

    That's why most people shouldn't be allowed to walk around naked.

  • by gurps_npc ( 621217 ) on Friday December 16, 2011 @12:36PM (#38398958) Homepage
    Well, at least if they outlaw all the pre-photoshop fakes they use. Typically a picture of pancakes is done using motor oil because it looks like the perfect maple syrup. They add sopay water to cofee to make it look extra hot and bubbly. They stain barbecue ribs with wood stain to make it them extra juicy. They use dyed whipped crisco to make milkshakes look dense and creamy. As for milk - Elmer's glue sure takes a nice photo.

    Which of course is why the pictures of food NEVER look like what they serve you. On the plus side, you wouldn't really want to eat what they took pictures of.

  • by ByOhTek ( 1181381 ) on Friday December 16, 2011 @12:37PM (#38398982) Journal

    In my experience, woman that use more than a minimal amount, tend to look worse. Makeup in almost all cases is *way* too obvious.

    It does tell me something of their thought processes, so I'm not too bothered. it's a useful metric.

  • by jd ( 1658 ) <imipak@ y a hoo.com> on Friday December 16, 2011 @12:41PM (#38399046) Homepage Journal

    Well, you won't get individual burger chains voluntarily making their ads look like crap (it won't improve sales but it will make their competitors look better), the same goes with cosmetics companies, et al. Voluntary compliance simply won't happen.

    Ok, what about the watchdog? Well, as the FCC found out when trying to impose rulings on network neutrality, the courts regard watchdogs as being not much more than mere advisory panels. In short, if a company took a watchdog to court, claiming that Congress had ruled these kinds of deceptive advertising to be non-protected Commercial Speech that they had First Amendment protections to be as deceptive as they damn well felt like, the company would almost certainly win.

    Which means that if you honestly believe that there's a limit to the acceptable level of deception, Congress has to have some involvement. It needn't be a full-blown law, and that would likely also fail as UnConstitutional, but there has to be something that is at that level which clearly denotes that there is a difference between protected commercial speech (satire/parody, comedic representation, figurative representation, et al) and actual attempts to deceive a customer into buying something that never existed. And, no, what the US currently has is obviously not enough, or the cosmetics companies would be up the proverbial creek without paddle (or indeed canoe) via lemon laws. The product is, after all, "defective" when compared with what it's sold as. They aren't and the watchdog didn't even bother using such laws, showing the laws have no value or significance.

  • Re:Good! (Score:0, Insightful)

    by Anonymous Coward on Friday December 16, 2011 @12:42PM (#38399062)

    That pill you talk about: we call it "homeopathy".

  • by Drew_9999 ( 750818 ) on Friday December 16, 2011 @12:46PM (#38399132)
    Your burger doesn't look as good as the one in the picture for a couple of reasons. One is that the artists making the picture are extremely good at showing the product in a flattering way, and that's not going to change. Another part of that is because some products simply can't sit under hot lights for an hour, so they don't even use the real thing. The only thing that removing digital alteration from the process will do is force advertisers to use non-digital means of making their products look good. Non-digital airbrushing is still effective, just not as cheap. The burger on the menu will still look like a team of professional artists worked to make it look at good as possible, and the burger on your plate will still look like it was assembled by a high school kid in a hurry.
  • by jellomizer ( 103300 ) on Friday December 16, 2011 @12:46PM (#38399134)
    Yes, but digital manipulation ban isn't really an answer.
    I mean the cosmetics companies can make adds and show these people without using any of their stuff. Also it is applied by professional makeup attest. Using the correct lighting and angles to hide imperfections.
    Find a skinny girl (one with anorexia will work best because they are already a skeleton, you can always build up not down) Pad up the right places and put layers of makeup and there you have an unrealistic image of the cultures version of a beautiful woman used to sell a product.
  • by Aladrin ( 926209 ) on Friday December 16, 2011 @12:52PM (#38399216)

    A guy's perspective here:

    Makeup looks bad. I mean, ugh. Horrifyingly bad. I can't count how many times I looked a girl's makeup-caked face in high school and felt like throwing up.

    Unless you're a professional makeup artist. Those people know to use the absolute minimum, and exactly how to get the effect they want.

  • by roc97007 ( 608802 ) on Friday December 16, 2011 @01:00PM (#38399324) Journal

    Speaking from experience, it's more interesting to pick (1) and (3). Not necessarily in a good way.

  • by Kneo24 ( 688412 ) on Friday December 16, 2011 @01:04PM (#38399404)
    As a member of the male population, I would like to thank you for not giving in and wearing makeup all the time. There's a lot of charm to a woman who doesn't need to plaster her face in that stuff.
  • by Anonymous Coward on Friday December 16, 2011 @01:05PM (#38399428)

    The word you were looking for was "some" cosmetics that target men, not "lots". They do exist, but they are a minuscule fraction of the cosmetic market.

    It is still very rare for men to use cosmetics today. It is not "quite common", not by a long shot.

  • by roc97007 ( 608802 ) on Friday December 16, 2011 @01:08PM (#38399482) Journal

    Were you not an anonymous coward, and actually participated in the group, instead of taking potshots like an angry monkey throwing poo, you'd know me, and that I'm married, with a teenage daughter, who's also a geek. But thanks for playing.

    There's two types of participants in this forum; those in the business, and those who buy goods and services from us with their burger king paychecks. I'm in the former group. It's not hard to guess which group you're in.

  • Re:How silly (Score:4, Insightful)

    by squidflakes ( 905524 ) on Friday December 16, 2011 @01:10PM (#38399506) Homepage

    I can refute that pretty well. With good, soft, even lighting, a flattering pose, and attention paid to the facial shape and blemishes of the model, a good photographer can make just about anyone "pretty." Add in some professional make-up and hair work, and you're well on your way to making someone look far different than they do in real life.

  • Re:How silly (Score:5, Insightful)

    by ZombieBraintrust ( 1685608 ) on Friday December 16, 2011 @01:27PM (#38399760)
    Ruling not about retouching photos. NAD doesn't care about using photoshop to remove models blemishes. This is about an advertisement that makes a specific claim about mascara increasing eyelash volume. The eyelash volume was made bigger using photoshop. NAD doesn't care if an advertisement for lipstick uses photoshop to make the eyelashes bigger.
  • by v1 ( 525388 ) on Friday December 16, 2011 @01:29PM (#38399790) Homepage Journal

    In the case of fast food, no reasonable person over the age of three expects to actually get a burger that looks like the picture.

    If that alone were just allowable justification for manipulating ads, then they would be allowed to put a note somewhere in the ad (just as the mascara ad has done) to make sure that "every reasonable person knows this is BS".

    In the case of the food, I am paying cash in advance at window 1 for what's in the picture on the glass. That's what I should be reasonably able to expect to receive at window 2. Now yes, everyone that has any experience with fast food restaurants knows this isn't how it works, but that's due to experience, not due to reasonable assumption. Take someone from another country that has never been to a fast food joint and see how they cry foul, "that looks very different than the picture in the window!" Just because you're used to how certain groups reliably false-advertise doesn't make it an acceptable behavior.

    Just because you're used to someone trying to deceive you it doesn't mean they're not actually engaging in deceptive behavior.

  • by SleazyRidr ( 1563649 ) on Friday December 16, 2011 @01:34PM (#38399862)

    Obligatory: http://xkcd.com/322/ [xkcd.com]

  • by Zedrick ( 764028 ) on Friday December 16, 2011 @02:01PM (#38400388)
    If they were beaufiful they wouldn't use mascara.

    (please think about it for a few minutes before modding me down)
  • by snowgirl ( 978879 ) on Friday December 16, 2011 @05:39PM (#38403656) Journal

    They're protecting millions of impressionable young girls who might be exposed to these ads.

    Actually, they're protecting against fraudulent advertising. If I'm looking at an add for mascara, then I should expect that the model is wearing the mascara, and that the effects of the mascara aren't being modified beyond that of the mascara itself.

    It's like an ad for a car, where the car has been photoshopped to look nicer. That's not actually the car!

    Yes, someone else above is arguing that makeup itself is essentially real-life photoshopping, but then that is kind of the point. If the makeup is working properly, then the advertisements shouldn't need more photoshopping. How am I to evaluate the effectiveness or worth of the makeup, if the makeup's effects are muddled with other effects?

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