Which DSLR for Professional Product and Food Photography - part II

Started 7 months ago | Discussions thread
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Re: Is that legal?
In reply to Kirk Tuck, 7 months ago

For the record there is a lot of stuff people did to food in the past that is no longer legal and the fines from the FCC are very big and the regulations very strict. If the food in question is the product that the consumer is buying it MUST be made from the ingredients and the food products that a consumer COULD find in a real world advertiser's location or restaurant. You might (ANECDOTALLY) know of someone who cut corners or lied by it's not ethical or legal to do so. Even in shooting a McDonald's commercial the stylist looks through hundreds of buns to find the right one without changing it. The meat is the meat. The pickles are the pickles. The ketchup is the ketchup. To substitute anything that the customer cannot buy in one of the locations is against the law.

The food must be cooked as it would be in one of the customer's facilities. Again, adding coloration, bulk or other additives is illegal. The law is very plain and you can research this for yourself.

If a client asked me to use someone else's fudge in an ad for their fudge I would be out the door in a heart beat with my attorney's blessing. It's against the law to do so.

The loophole is that you can do anything you want with the surrounding food as long as it is NOT the product. The thing being advertised.

If we are giving advice here we should let beginners know what the law is. If you want to go rogue that's up to you.

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Austin based advertising and portrait photographer, and author of the book series, Minimalist Lighting, and the books: Commercial Photographers Handbook, Photographic Lighting Equipment, and, LED Lighting for Digital Photographers. www.kirktuck.com

 Kirk Tuck's gear list:Kirk Tuck's gear list
Nikon D2Xs Olympus OM-D E-M5 Panasonic Lumix DMC-GH3 Nikon D7100 Samsung Galaxy NX +2 more
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