FCC Fines WCIU-TV $16.5K Over Pokemon Characters Appearing in Ads
Chicago Station Aired Ads for Limited-Edition Pokemon Eggo Waffles, General Mills 'Fruit by the Foot'
By John Eggerton -- Broadcasting & Cable, 3/28/2008 11:42:00 AM
A Chicago TV station got burned by limited-edition Pokemon Eggo waffles and kicked by Fruit by the Foot.
The Federal Communications Commission Friday proposed fining the station, WCIU-TV, $16,500 for a series of violations of its limits on commercials during kids’ TV shows, including six program-length commercials.
The FCC said any appearance of a character from a TV show in a commercial placed within that show turns the whole program into a commercial.
Six of those program-length commercials involved Pokemon, but let's let the FCC's Media Bureau, with some help from the station, describe it: "The licensee stated that on four occasions, the station aired a commercial for Eggo waffles containing ‘fleeting images’ of a Pokemon character during the Pokemon program," the bureau said in its notice proposing the fine.
"According to the licensee’s description, a Pokemon character appeared during the commercial and transformed 'into an embossed image of itself on several Eggo waffles' while the announcer stated, 'And look out for limited-edition Pokemon Eggo waffles,’” the Media Bureau continued. “‘You can catch ‘em all.' Further, the licensee reported that on two occasions, the station aired a commercial for a General Mills 'Fruit by the Foot' product containing a 'fleeting appearance' by a Pokemon character during the Pokemon program.”
The station argued that the appearances were fleeting, minor, would not have harmed a child viewer and didn't turn the shows into commercials. The FCC disagreed.
The FCC also proposed fining another station, WNAB (TV) Nashville, Tenn. (no kin to the National Association of Broadcasters), $14,000 for failing to put four years' worth of material in its public-inspection files as it relates to its programs/issues list (a listing of programs the station has aired responsive to issues of concern to its community).
Coincidentally, the fine was proposed on the same day the NAB announced its challenge of an FCC rule change that would require broadcasters to put even more information in their public files about even more programming.
Both stations cited by the FCC volunteered the information about their potential problems as part of their requests for license renewals.
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This FCC policy of issuing ticky-tack fines to stations for totally honest mistakes that the station admitted to is getting beyond ridiculous. Really I know about WCIU, and they wouldn't have aired this on purpose at all, and to make them cough up $17 because they disclosed this is wrong...all for a two second mention that waffles shaped like a cartoon character were available in stores.
No one wrote about this to the FCC, at all. If no one complains, no fine should be doled out. The spirit of Peggy Charren and the Children's TV Act was supposed to make educational programming a priority for broadcasters, and I highly doubt she was looking for the FCC . Now it's turned stations into scared idiots throwing on Alex Paen/DiC garbage and Jack Hanna shows just to get the E/I requirements out of the way so they don't have to nitpick every show out there in fear of the FCC declaring them violating their license because Nick and Cartoon Network can air many of these ads, but they can't.
WCIU is one of the finest independent stations in the Midwest and should fight this all the way. They shouldn't be punished because some syndicator forgot to pull out the Pokemon references out of ads.
Nate - 4/9/2008 5:55:00 AM EDT -
B&C: What is the actual written rule that the FCC is basing this on so that we can read it? When was it implemented? When did these commercials appear on TV?
FCC: You can't make new fines for profanity & obscenity because those are in court, so you dig this stuff up? Why aren't you entirely focused on the digital TV transition or other important matters?
matt headley - 3/31/2008 9:51:00 AM EDT -
Pokemon Eggo, Pokemon Fruit by the foot? What is this, 1999? There's no way this just happened this year.
Tovler - 3/30/2008 6:27:00 PM EDT -
Pokemon Eggo? Pokemon Fruit by the Foot? Is the FCC going after a local affiliate for commercials aired ten years ago?
Jub - 3/30/2008 5:07:00 AM EDT -
So let me get this straight, Product Placement is acceptable but not some stupid commercial rule.
Seriously Product Placement turns a show into a commercial not a commercial about some character from the show for Fruit by the foot or Eggo Waffles.
You better be listening FCC, if you don't ban/ or fine shows/Networks with Product Placement, you better not be fining shows with stupid commercials.
Oh and I also have only been seeing this for Pokemon, I see it all the time, oh but I suppose since Pokemon originated in Japan and not the United States. I see how it is.
Zackerini - 3/29/2008 5:34:00 PM EDT
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