Retail surgery: I am keen to take advantage of new product placement rules for UK TV programmes. What should I be aware of to ensure I get the exposure I pay for?

Product placement is a product or brand being included - or referred to - within a programme for a commercial purpose in return for payment or some other form of consideration. It’s not just product manufacturers that can benefit. For instance, a fashion retailer might agree for a character to wear only its branded clothing, characters might be seen with branded carrier bags or visiting the retailer’s store.

Whatever the deal, such opportunities can require serious investment. Nescafé, the first UK TV product placement advertiser, paid £100,000 for a three-month deal with ITV to promote its Dolce Gusto coffee machine. David Bond,partner in the advertising and marketing group at Field Fisher Waterhouse LLP, says: “It’s crucial you get the exposure you expect.”

First, keep references subtle. “There must always be editorial justification for a brand’s inclusion,” says Bond. He also advises retailers to agree upfront with the producer on the prominence that your brand would receive and, if appropriate, obtain the right to approve scripts and final copy to ensure brand prominence and integrity.

Another issue would be the additional rights you might need, such as rights to use programme extracts and its branding in media for promotional purposes.

Finally, Bond advises retailers to enter into a formal product placement agreement with the producer, setting out what you will receive. “That way, you not only have a written record but a means of redress if things go wrong,” says Bond.