Chairman Tauzin

Prepared Witness Testimony

The House Committee on Energy and Commerce

W.J. "Billy" Tauzin, Chairman

Link to Committee Tip Line:  Fight Waste, Fraud and Abuse
   

 

 

Recording Industry Marketing Practices: A Check-Up

Subcommittee on Telecommunications and the Internet
October 1, 2002
10:00 AM
2123 Rayburn House Office Building 

 

 
 

Mr. Gary Severson
Sernior Vice President and General Merchandise Manager
Wal Mart Stores, Inc.
1201 New York Avenue, NW
Suite 400
Washington, DC, 20005

Mr. Chairman, members of the Subcommittee, I am Gary Severson Senior Vice President and General Merchandise Manager, for Wal-Mart Stores. 

My predecessor, Doug McMillon, testified before your subcommittee in July last year on the issue of the entertainment industry’s efforts to curb children’s exposure to violent content.  I understand the hearing today is a follow-up to the July hearing and the purpose is to review the recording industry’s marketing practices. 

Before addressing the marketing issue, I’ll briefly describe Wal-Mart’s approach to our customers and entertainment ratings. 

At Wal-Mart, we have worked hard to create and protect our relationship with our customers.  They are and always have been the guiding force behind our decisions.  We have created stores that offer every day low prices, quality merchandise, and fast and friendly service.  Our associates have also been involved with the individuals and families in our communities.  Last year alone, we supported our communities with $190 million in charitable giving.  Ninety-seven percent of that money was donated at the local level through our stores.  We aspire to be an important part of our customers’ communities and to provide products and services that raise the standard of living for the working families of America. 

Consistent with that aspiration, Wal-Mart attempts to sell entertainment product in a way that allows our customers to make informed decisions and to exclude from our shelves merchandise that a majority of our customers would find objectionable due to its sexually explicit or extremely violent nature.  The challenge we face is in our ability to 1) help the customers understand what they are buying and 2) determine which products they find objectionable either before, and in some cases after, we have made it available for purchase.   At times, this is harder than it sounds due to the subjective nature of some of these decisions. 

Any success we achieve in these efforts is accomplished, in large part, by following rating systems established by the entertainment industries. 

Movies                          

In the case of movies, we use the MPAA, Motion Picture Association of America, voluntary ratings (G, PG, PG-13, R, and NC-17) as we make decisions about which movies to carry.  For example, we do not carry NC-17 rated content.  We do carry G, PG, PG-13 and most R rated content.  Our buyers for movies determine which movies to carry based on their best judgment.  They use their knowledge of our customers and the customer response to the movie in theaters to make a decision on a specific title.  We then utilize a register prompt at our cash registers to verify the age of the customer buying the R rated movie.  In accordance with our policy only those customers who are age 17 and above are permitted to purchase R rated movies. 

We believe that because MPAA ratings have been in consistent use since 1968, there now exists a widespread customer understanding of the ratings.  As a result, we have few customer questions about the ratings themselves.  Our customers seem to clearly understand what they are purchasing.  

Video Games and Computer Software 

In the case of video games (for example, Sony Playstation or Nintendo games) and computer software, we use the ESRB, Entertainment Software Rating Board, ratings (EC, E, T, M, and AO) as we make decisions about which products to carry.  We do not carry software rated adults only (as rated by the ESRB).  As a rule, we do not carry Parental Advisory stickered product.  We do carry EC, E, T, and select M titles.  Our buyers for video games and computer software determine which M rated products to carry based on his or her best judgment.  They use their knowledge of our customers to make decisions on specific titles.  We then utilize a register prompt at our cash registers to verify the age of the customer buying the M rated product.  In accordance with our policy only customers who are age 17 and above are permitted to purchase M rated titles. 

Since the ESRB has only been in existence since 1994, we have taken several steps to educate our customers on how to interpret the ratings including in store signing; print advertising; and associate training.  As a specific example, Wal-Mart stores display in store signing which explains the ESRB ratings.  For video games and software, in store signing is placed in either the glass case or section where the item is stocked and explains the ESRB ratings to customers. 

Music 

In the case of music, the recording industry has not provided us a rating system to follow. The music labels determine on a title-by-title basis whether to attach a parental advisory sticker or not.  We refer to this as stickered music. Today, we do not carry parental advisory stickered music. 

The music labels make edited versions of some stickered music available.  We do carry most edited versions of music on selected product.  This product is labeled “edited version.” Our buyers for music determine which music to carry based on their best judgment.  As we testified last year, from our perspective, an unbiased, standardized ratings system would help our customers determine whether specific music is appropriate for their needs and tastes.  

If the recording industry adopted a rating system, we would educate our customers about the rating system; train our associates about our company policy on the sale of rated music, and would most likely age restrict the sale based on the rating.  We would enforce the restriction through a register prompt as we do with R rated movies and M rated video games. 

Marketing of Music 

Marketing of music is generally a partnership between the recording industry and the retailer.  The recording industry will fund the marketing and provide the content in coordination with the retailer. 

As for Wal-Mart, our marketing of music is much more limited than that of other retailers.  Our main approach is to market music in a store and drive customer traffic to the entertainment area where we display the music.   We display the music to encourage sales.  Occasionally we will do television and print advertising of title specific music.  We control the content of the advertising and try to insure the ad is appropriate and appealing to our customers. 

Conclusion 

While we use our best judgment at Wal-Mart on which items we carry, and while we work hard to restrict the sale of certain products to those under the age of 17, it is simply not possible to eliminate every image, word or topic that an individual might find objectionable.  In addition, we’re the first to admit our systems and our associates, good as they are, are not infallible. 

However, it is our sincere hope that our policies make it possible for our customers to make informed decisions and for them to feel we are handling entertainment product in an appropriate manner. 

At this time I am pleased to answer any of your questions. 

Appendix 

MPAA (Motion Picture Association) Ratings
G (General Audience) - All ages admitted.
PG (Parental Guidance Suggested) - Some material may not be suitable for children.
PG-13 (Parents Strongly Cautioned) - Some material may be inappropriate for children under 13.
R (Restricted) - Under 17 requires accompanying parent or adult guardian
NC-17  - No One 17 and Under Admitted.
ESRB (Entertainment Standards Ratings Board) Ratings
EC (Early Childhood) – content suitable for persons ages 3 and older
E (Everyone) – Content suitable for persons ages 6 and older
T (Teen) – Content suitable for persons ages 13 and older
M (Mature) – Content suitable for persons ages 17 and older
AO (Adults Only) – Content suitable only for adults

 
 

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