McDonald's and The Food Network using Subliminal Advertising?

[Diana Young, RD, LD/N, CDE]

Apparently, this is a true story. What do you think of subliminal advertising?

[Julie]

That doesn't look like it was on purpose to me. If it was, wouldn't we notice it a lot during shows we watch? You could definitely see it when it played in real time. Very interesting though!

[Mike Reeves-McMillan]

Unless US law on the matter has changed since the 1950s, this is illegal. However, it's unlikely to have a large impact. James Vicary, a PR executive, created the original furore about subliminal advertising when he claimed that subliminal messages during a movie increased sales of Coke and popcorn very markedly (by 18% and 50%). He much later admitted that he had lied (a PR executive who lies? What next?) in order to revive the fortunes of his ad agency. Research since has concluded that stimuli we are consciously aware of have a much greater effect.

Research does show, however, that subliminal stimuli can influence attitudes in a subtle way. By associating the McDonalds image with images of juice and high-status food, whoever's responsible for this might be trying to shift perception. They've got an uphill battle, though, and it's unlikely to do them much good.

Still, as far as I know, illegal; certainly unethical; definitely stupid; probably ineffectual.

[Sugar and Sprouts]

Anything that plays with your mind is wrong. Shame on Food Network.

[HomeFitnessbody.com]

I watched way too many episodes and have paying for it with extra diet and exercise. Damm them anyway!

[David]

I don't think that it's only McDonald's that does this--everybody does it. It's part of our world. I don't think one can "like" it anymore than you can accept any other bad action/s. It's something you have to cope with, IMHO.

[Alyssa]

That's really freaky! I REALLY hope it was a mistake!

[Susanna]

First of all let me state that the below work is an effort I made in about 45 minutes time researching the FCC website. It is in no way a piece of scholarly work, nor should it be considered a piece of legal advice or a memorandum of law. Furthermore, it is not a statement of political opinion.

Additionally, everyone should remember that the FCC is one of many regulatory agencies under the Administration. The five FCC commissioners are appointed by the President and confirmed by the Senate for a 5-year term. Only three of the commissioners can be from the same party. (http://www.fcc.gov/commissioners/)

The below information appears to be the current policy of the FCC on subliminal message:
“We believe that use of subliminal perception is inconsistent with the obligations of a licensee, and therefore we take this occasion to make clear that broadcasts employing such techniques are contrary to the public interest. Whether effective or not, such broadcasts clearly are intended to be deceptive.” (The Commission’s Public Notice, Concerning the Broadcast of Information by Means of “Subliminal Perception” Techniques, 44 FCC 2d 1016, 1017 (1974))

This policy has been repeated several times in several FCC documents.

During the 2000 election campaign, there were several accusations made by both pubic and private individuals regarding the use of subliminal messages by the Republican National Committee and other special interests groups supporting the Republican National Committee.

In a letter from the FCC dated, March 9, 2001, sent to Senators Wyden and Breaux regarding an investigation of the alleged subliminal use of the word “RATS” in a political ad campaign, the following paragraphs concluded the investigation:

“Of the 179 stations that responded that they had aired the advertisement, 162 indicated that, when they aired the advertisement, they were not aware that the advertisement contained the word ``“RATS.” Of those that aired the advertisement knowing the word “RATS” appeared in it, several stations stated that they did so because they were able to see the word and, therefore, they believed that it was not subliminal. Some of these stations and other stations stated that they did so because they believed that they were prohibited from censoring the advertisement by Section 315 of the Communications Act because the advertisement contained a use--a positive, identifiable appearance by a candidate.”
“Based on our review of the responses submitted by the stations, we conclude that no further action is warranted.” (http://www.fcc.gov/eb/Orders/2001/da01643.html)

The FCC has accepted and ceased investigating FOX TV Stations that allegedly broadcasted subliminal political messages because of “malfunction in its automated system” which caused program material to be “miscued, such that at the end of a local newsbreak, a flash frame aired for approximately 1/10th of a second, consisting of the beginning of a political commercial that was scheduled to air at the beginning of the next break” (regarding a political message being flashed on an X-Files episode, http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/da010849.doc)

In a press statement made by FCC Commissioner, Harold Furchtgott-Roth, on September 19, 2000, the following statements were made:
“The FCC has no formal rules on "subliminal" advertising.”
“The FCC has no rules on what is, or is not, a "subliminal" message. Consequently, there is no basis for it to determine whether any advertisement contains a "subliminal" message.”
“The Commission has no authority to regulate advertisers, such as the Republican National Committee.”
(http://www.fcc.gov/Speeches/Furchtgott_Roth/2000/sphfr011.html)

There is not enough information here to make a highly educated judgment, but I will give you my humble opinion.
*I do think subliminal messages are unethical and deceptive and I have no opinion on the efficacy.
*There is only policy, not law, on subliminal messaging, thus the FCC will make investigations and pronouncements in only those situations they see fit (read as meeting the needs of the current Administration).
*The FCC, over many Administrations, has indicated that subliminal messaging is not effective, thus prohibition is not something they are going to spend a lot of time on.
*Silly stuff exists everywhere, particularly on YouTube.
*If the video of the McDonald’s advertising on Iron Chef America is not a silly made up video, the FCC would probably not consider it subliminal based on the various opinions given in the above statements.

I hope I did not bore anyone to death. Give the word, and I will refrain from this behavior in the future.

[Lisa Newton]

Thank you for the explanation, and I love your introductory paragraph. It does sound like a lawyer..................In a good way...............:)

[Lisa Newton]

I wonder if this really happened. It's wrong if it did, but if it didn't then it's totally wrong to make up stuff.

[Leo (Healthy Tips For A Healthy Lifestyle)]

That's a smart advertising, I love it.
Though I prefer not to eat at McDonald's...

[Diana Young, RD, LD/N, CDE]

Here is a video about subliminal advertising. I highly recommend watching it, you will be amazed. Maybe that's not the right adjective/adverb -- Let me know what you think.

[summergirl]

whoa... that is totally creepy