Protecting Consumers: King County

Some people misunderstood me when I suggested local governments might have better things to do than require quick service restaurants like Burger King, McDonald's, and Wendy's to post calorie counts on their menu boards.

The King County Board of Health can be counted among them. Although the New York City case hasn’t had its day in court, new labeling requirements in King County, Washington, now call for all chain restaurants, those with at least 10 branches nationwide, to list calories, saturated fat, carbohydrates, and sodium in each regular food item they serve.

"The Board of Health is responsible for passing laws to protect the health of the public, and to promote healthy behaviors that improve health and prevent illness," Board of Health Chairwoman Julia Patterson said. "There is no better example of our commitment to residents' health than the legislation passed today that protects us from dangerous trans fats and promotes consumer education and informed choices by labeling menus."

May I offer another suggestion? Do what they do in the United Kingdom (as illustrated above) and force these restaurants to say what you mean: “eating large quantities of food may lead to obesity.”

Before you think I am only being sarcastic, CPSI and Public Citizen say almost exactly that in the subhead of their release, which touts who has joined them in “support of rule to combat obesity epidemic,” after they filed a friend of the court brief in the U.S. District Court for the Southern District of New York supporting New York City’s Board of Health against a lawsuit filed in June by the New York State Restaurant Association.

“The stakes in this lawsuit are high,” said Deepak Gupta, a lawyer at Public Citizen who wrote the brief, according to the release. “A victory for New York City’s law could help clear the way for similar laws throughout the country.”

But will it really solve the so-called obesity epidemic? As James Vesely points out in his humorous (or maybe tragic) column in the Seattle Times, “Yoder, whose place is popular with knowledgeable diners and serves as many calories as the next guy, is exempt from the calorie count on his menus — it depends on how many eateries you operate. So Anthony'sHomePort is not exempt, but along Shilshole's watering spots, Ray's Boathouse next door is exempt. Same calories, different menus. A menu at Denny's will be draped with calorie numbers; the one at Metropolitan Grill will not.”

Vesely then says that the new, calorie-clad menus are not going to be popular, or particularly useful. I agree. Despite all the money spent on lawsuits (money that could be applied to consumer education about a healthy diet), consumers are likely to tune them out.

Sometimes we tune them out for good reason (besides the occasional chuckle): Sainsbury’s peanuts warns us that they contain nuts; an American Sears hairdryer warns us it is not to be used while sleeping; and, one of my personal favorites, found on a blanket: not to be used as protection from a tornado.

So please forgive me if I do not feel any safer knowing that 20 states, cities, and counties are considering legislation or regulations that would require fast food and other chain restaurants to provide calories and other nutrition information on menus and menu boards.

The most obvious truth is, when you get past all the spin on an issue like this, the snack, cookie, and soda aisles at our local grocery stores take up the most space for a reason. They're yummy.

Preserving Freedom: Net Neutrality

According to Ghost In The Machine, written by Sharon Herbert, more than 29,000 comments were submitted to the Federal Communications Commission (FCC) since it opened an inquiry into net neutrality. An additional 670 comments were filed by groups and individual Internet users on the deadline, July 16.

So is that it? Theresa Hall reminds BlogCatalog members that’s not it. She wrote U.S. Senator Barbara A. Mikulski (D-Maryland) with her views that Internet service providers should not be allowed to discriminate by speeding up or slowing down access to Web content based on its source, ownership, or destination.

How did the senator respond?

I understand your concern that the Internet should not favor certain content or services over others. I believe that the Internet is not only an important tool, but a vital resource. It has allowed millions of Americans to communicate instantly with people around the world. It has put access to libraries of information at everyone's fingertips. The use of the Internet continues to grow, and the ways we use it continue to expand. Your views on network neutrality will be very helpful to me as Congress considers this issue.

As someone who frequently works in political arenas, I might point out that Sen. Mikulski's response is largely neutral, demonstrating little movement from her position last year. This is surprising to me, given Maryland state legislators acted on their own to put a mandate into place.

So what is this all really about? Some, like the New York Times, suggest it has to do with Verizon Wireless, Sprint Nextel, T-Mobile, and others always being afraid of the competition, which is why iPhone is only available from one carrier (in Europe, you can change carriers any time regardless of the phone you want). In the years ahead, that competition is likely to include companies like Skype and Google, which have called on the FCC to open up more equipment and software options in the wireless industry. In fact, Google is looking for another leap forward with a wireless spectrum in which chunks of radio frequency currently used for analog TV would be freed up by a switch to digital.

Regardless of this behind-the-scenes wrangling, however, the real stake holders in net neutrality are people like you and me because we funded its creation with a combination of tax dollars and subscription fees. Without net neutrality, Internet carriers would very feasibly be able to control content on the Internet by favoring those sites willing to pony up cash for the carrier; or, as they have with mobile phones, lock up technologies so they can be exclusive providers; or create steeper tier systems similar to cable programming; or, quite possibly enforce net censorship.

I suggest, as always, education is the key to understanding. Catch the entertaining video version on YouTube, keep up to date by visiting sites like SaveTheInternet.com, and write U.S. senators and representatives in your state so you have a better understanding of their positions.

In fact, I am doing the latter today and I'll be happy to share their responses in the days ahead. Good night and good luck.

Turning Tassler: Jericho Rangers

One of the greatest successes made in the past few weeks by Jericho fans is that Nina Tassler seems to have been turned into a “Jericho buzz believer.” Rob Owen, with the Pittsburgh Post-Gazette even captured part of the puzzle of what turned Tassler around from saying as go the ratings so goes the show.

It seems beyond 20 tons of nuts; dozens of forums; thousands of mainstream and social media stories; and tens of thousands of calls, letters, and e-mails; her entire life was immersed in nothing but nuts and Jericho.

While buying a piece of camera equipment at a neighborhood store, the clerk saw Tassler’s name on her credit card… "I sent you an e-mail,” he said.

When she was about to receive test results from a new doctor … "He comes in with his white lab coat and puts his hands in his pocket … and pulls out a bag of peanuts," she said.

And even now, Tassler finds that when she goes out to plug other shows, like the questionable Kids Nation, the talk always turns to Jericho fans making history.

As Tassler talked it over, she says it dawned on her that this was an example of the “social networking" that the fast-talking, 30-something head of CBS Interactive, Quincy Smith, was always bringing up. And she has even acknowledged that taking Jericho off the air for several months last season "maybe wasn't good for the show."

But let’s hang on that “maybe” for a moment. While I’ve grown to kind of like Tassler, lest we not forget she’s always been a dancer. Even when asked by a critic asked whether she had ever disagreed with CBS’s CEO Les Moonves two years ago, she qualified her answer a little bit…

"Hmmmm. No."

Rule number one, according to Tassler last year, is you never say no (at least when you are, um, hearing a pitch). In fact, that is why in October 1999, even though she said she was worn out after the long "pitch" season as head of drama development for CBS, she took a last minute cell phone call from a producer friend who begged: "He said, 'Look, I don't know if you're going to buy it, but I promise you it'll be the most entertaining pitch you've ever heard. I said okay...."

The show, of course, was CSI. But I submit that Tassler has changed a bit over the past few years as president of CBS Entertainment. And that will continue to be important for Jericho fans to remember. She has long since abandoned her love of promoting great stories in favor of the ratings.

"We've really said to the fans, who have been incredibly loyal and incredibly devoted, 'You have got to be our "Jericho" Rangers. You've got to recruit more viewers,'" Tassler has said. "And so far, it looks like that's what we're going to do."

Of course they are, and then some. Even though we are only in the summer rerun schedule, not a week goes by that I don’t receive a reminder to watch Jericho. But even more telling is that these fans, after Tassler plugged jerichorising.com too early (there’s nothing there yet), had a revelation...

If Jericho is to be saved for a complete second season and then a third, it will not be by anyone at CBS. It has to be by the fans. And to do that, they have to move ahead, carving out what is being called Jericho’s Coalition of the Willing.

What this means for CBS is simple. Even if the fans do not overrun the ratings at the start of Jericho’s second season (I think they will because few shows have this much buzz), CBS will be unable to say the fans didn’t do their part. That will be an odd position for the network because social media can be a double edged sword. The more organized fan efforts are today and the more vested they become, the more likely 20 tons of nuts may be an appetizer.

At the same time, Jericho fans might remember that Tassler has gone to bat for many dramas over the years, perhaps even too many. So while there is little doubt her earliest comments conveyed she was uncommitted to the show, I also believe she was likely one of the first advocates to bring Jericho back because of the buzz.

What’s the point? If fans want to turn Tassler from a “Jericho buzz believer” into a full-fledged “Jericho Ranger,” only ratings will do it, no matter what is being said.

Why? Because there may be some reality to the rumor that an abbreviated seven-episode season 2 was to offer closure. And the only way to debunk this notion is to turn even more people beyond Tassler into Jericho buzz believers too. That and, as several stated before, DVD sales.

Revealing Ethical Realities: PRWeek/MS&L

Some public relations professionals and communicators scratched their heads because I didn't call for the resignation of John Mackey, CEO of Whole Foods Market, Inc. despite the obvious: what he did was wrong. Perhaps part of the answer can be found in the PRWeek/Manning Selvage & Lee (MS&L) Marketing Management Survey.

The survey polled 279 U.S. chief marketing officers, directors of marketing and marketing managers that are focused on consumer-generated media, integrated marketing, and industry ethics. Although some of the questions were somewhat phrased oddly (they are paraphrased here), some of the results might surprise you.

• Wal-Mart’s non-disclosure of its authorship of a blog was a breach in marketing ethics. 55 percent agreed.
• Julie Roehm’s acceptance of gifts and dinners from future advertising agencies was unethical. 46 percent agreed.
• Turner Broadcasting placing magnetic lights in Boston that resembled bombs was a breach. 41 percent agreed.
• Microsoft acted unethically in providing Windows Vista on laptops to technology bloggers. 32 percent agreed.

Clearly, there seems to be some confusion over ethics. Originally, I was going to write something about this, but then decided it might be fun to run a poll to see what some readers think first. Which of the following do you think constitutes the greatest breach of ethics? You can vote for only one (and some might not be ethical breaches); we'll share our take on it next week (after the poll closes).



Incidentally, the MS&L survey also revealed that 17 percent of senior marketers say their organizations have bought advertising in return for a news story; 7 percent said their organizations have an implicit/non-verbal agreement with a reporter or editor to see favorable coverage; and 5 percent of marketers said their companies had paid or provided a gift of value to an editor or producer in exchange for a news story about their company or its products.

So much for the notion that all journalists are somehow pre-equipped to make the right ethical decisions. As I have said before, ethics begins with the person and not the profession. Bloggers have an equal opportunity to be ethical and to suggest they cannot, as some people do, only indicates their own propensity to have an ethical lapse.

Telling No Truths: Whole Foods Market, Inc.

"I sincerely apologize to all Whole Foods Market stakeholders for my error in judgment in anonymously participating on online financial message boards,” says co-founder, Chairman and CEO John Mackey, Whole Foods Market, Inc. “I am very sorry and I ask our stakeholders to please forgive me."

With the lead up to his apology and the very limited number of people he apologized to, I’m not sure this was the best decision, but the fact that this decision was made means fun time is indeed over. Given the possibility that Mackey did not act alone (or at least was not anonymous to everybody who perused Yahoo financial chat boards) while playing the part of the great masked Wild Oats stock vandal, “rahodeb,” it might be for the best. Will it work? Probably not.

Make no mistake, the Whole Foods Market, Inc. board retaining the firm of Munger, Tolles & Olson LLP to advise it during an independent internal investigation means that the damage down the road may very likely exceed “rahodeb” having fun at the expense of others. (The SEC began its investigation the day before.)

While there may be many revelations made during the internal investigation (let alone the SEC investigation), the need to investigate seems to mean: more people may have been involved (it’s hard to keep a secret identity secret for that long without sharing) or they feel a need to analyze whether any of Mackey’s comments did in fact impact Wild Oats stock at any time (online or off). Even more obvious, Whole Foods Market, Inc. wants to apply one of the few “golden no comment” clauses that most journalists respect.

"The Company intends to fully cooperate with the SEC and does not anticipate commenting further while the inquiry is pending." ... "The Board will refrain from comment until the internal investigation is completed."

Why does the “golden no comment” clause work? From a communication perspective, provided the board doesn’t start to squawk, refraining from comment during an investigation gives the company a badly needed pause in its communication, which to date, can be likened to someone hemorrhaging at the mouth. To be clear, the board is concerned about something enough that they feel it is prudent to censor their outspoken CEO for fear it will get worse before it gets better. Most journalists will respect such restraint provided it holds.

Why doesn’t the “golden no comment” clause work? Once a company issues the statement that silence is golden during an investigation, reporters have a nasty habit of looking for anyone and everyone for input and opinion. It almost assuredly increases speculation 100-fold because journalists can no longer turn to the primary source and they have to go out and look for new sources. There is also the risk of someone developing a Deep Throat complex and leaking information to the media, whereby the company won’t be able to respond to any of it unless it gives up its communication blackout. And once you give it up, it’s not fair to ask for it back.

There are other major downsides to applying “no comment during an investigation,” including: all other company news becomes irrelevant (you can’t effectively talk about produce in the room but skip the part where the elephant ate half of it); it makes the company look like there really is a fire under all that smoke (whether there is or not); and, finally, most importantly, it contradicts the concept that someone always talks (because they almost always do).

So, given the company's statements, we have moved from “whole” truths to “no” truths in the case study of Mackey and Whole Foods Market, Inc. Or perhaps, more appropriately, since others are ready to pick up where Mackey left off, we have entered the spin zone where there will be ample hot air about how it’s unfair to comment on a CEO because, as Laura Goldman submits, “I checked with lawyers and confirmed that the postings themselves are not illegal.”

With no disrespect intended, Ms. Goldman is right that this incident should not undo all the good work Mackey has done nor does it invalidate Whole Foods Market, Inc. as a viable company. However, even Journalism 101 students know that you can always find ample lawyers to argue either side of a case. Heck, that’s what makes court reporting sensational enough to have plenty of programming.

Besides, I think journalists and stock traders have been surprisingly kind to Mackey; it’s the public relations and communication people who seem to want his head the most (I’m in the minority by not asking for it, though I think he may have lost it anyway with the apology). Unfortunately for Mackey, I also think the split opinion over his fate will solidify in time; the reactive silence will point most in one direction.

Increasing Awareness: Organ Donation

If you trend “organ donation” on BlogPulse, an automated trend and search system for blogs developed by Neilsen BuzzMetrics, you’ll notice a spike yesterday. Today, when the results post, it will be larger.

Why the sudden interest in organ donation, a topic that generally sees only one or two mentions in the mainstream media? Two words: Antony Berkman.

This awareness spike is why I sometimes think of Berkman, president of BlogCatalog, as the polar opposite of Andrew Keen. Berkman believes social media can do great good and, every now and again, he sets his sights on an underserved or underreported social awareness issue to prove it.

Last time, members of his social blog directory focused on education, a campaign that directly benefited more than 1,000 students through DonorsChoose.org.

This time, after members requested an international issue, Berkman settled on organ donation. And, with an assist, BlogCatalog.com even received some mainstream media attention, including Medical News Today (the number one medical news search engine with 1.7 million visitors a month), drawing attention to what has become a global member-driven social awareness campaign. For his part, Berkman encouraged scores of bloggers to make history by participating in the campaign. It looks like they did it.

So who are these bloggers? As an open social blog directory, BlogCatalog.com members include people from all over the world, each with a blog (some have several), who cover a diverse range of topics. But today, most of them focused on some aspect of organ donation, depending on what best served their readers.

Some focused on success stories like Alex Pratt, who suffered from kidney disease for more than 20 years until finding a match at Matching Donors, some wrote on the darker topic of the Black Market as recently covered by Slate Magazine, and some asked their readers to visit OganDonor.gov or provided links to programs within their own countries. Others included how many people are waiting for transplants, ranging from more than 1,700 in Australia to over 2 million in China.

“When you look at the numbers, it’s very frightening. People are dying because they need organs and there are not enough available,” Berkman told me when I asked for NBCB why he chose the sometimes controversial topic. “So we asked ourselves what would happen if we chose one day to make organ donation the most talked about topic on the Web, and then asked our members to write around this important issue.”

Berkman says he is inspired with each new post on blogs like Go! Smell The Flowers, Healthy Lifestyles, and Sensibilid (AD). Together, he says, he knows they have all made a difference.

I think so. Not only does it raise awareness, but it shows me that we often find what we look for in the world or on the Web. Whereas some people work to support antidotal thinking that suggests social media is evil, Berkman employs it to encourage people to do good.