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Shell Oil changes policy to permit Playboy and Penthouse sales Florida Family Association asked Shell Oil Company to require Shell branded Circle K Stores to stop selling pornographic magazines as Shell has done in the past with other independent retailers. However, Shell Oil Company has decided instead to change their definition of pornography, unlike all other major oil companies, to exclude Penthouse and Playboy magazines which are sold by Circle K Stores. Otto O'. Meyers, III , GM, U.S. Retail Operations Support for Shell Oil Company recently informed us by email, "In regard to your inquiry about specific Circle K locations, our investigation has concluded that these stores are not selling pornography as one would think the general public defines it, but rather "adult sophisticate" magazines such as Playboy and Penthouse." Shell Oil Company no longer considers the hardcore content of Penthouse and explicit nudity in Playboy to be pornographic. No other major oil company has taken this position. Shell Oil Company stands alone as the only major oil company to treat Penthouse and Playboy as non-pornographic materials. Shell Oil Company's new permissive attitude toward pornography was most likely influenced by Circle K Store's recent purchase of two hundred forty (240) Shell branded independent retail locations. Click here to read Energy Business Review article on Circle K Stores purchase of 240 Shell branded independent retail locations. After several months of emails and phone calls we asked Shell Oil Company officials to meet with several pro-family organization leaders to discuss their new policy position. Shell Oil Company officials ignored our request. Full Text of Email from Shell Oil Company (Note: Shell Oil added the bold emphasis for "to the general public." This appears to imply that people who consider Penthouse to be porn are not considered by Shell to be part of the general public.) Dear Mr. Caton:
I am hopeful
that this email will be the
last exchange of
correspondence on this
particular issue concerning
the sale by Circle K of
"adult sophisticate"
magazines at their
convenience stores in Buyer's Outlets may not be used for any fraudulent, unlawful, offensive, hazardous, unsightly, or other objectionable purpose, including, but not limited to, the sale or display of materials with dominant themes of sex, nudity, prurient interest, or pornography, which are unacceptable to Seller in its reasonable discretion. Merchandise or paraphernalia, including, without limitation, items that may be used in connection with illegal drugs, that is morally offensive or distasteful to the general public as determined by Seller (Motiva) in its reasonable discretion may not be displayed or offered for sale at Buyer's Outlets. One of the reasons this change was made is because the reputation of the Shell brand is very important to us and we work very hard to exercise caution in how and where our brand is represented. As such, we did not want the issue of what kind of adult magazines can be sold, and how they can be sold, at Shell-branded retail outlets to be subject to an ambiguous "local community standards" test. Moreover, I believe the language of this article is consistent with the standard set by the majority of our competitors. You've mentioned in several e-mails that our position has changed from the Shell Oil policy in the past and that on previous occasions after receipt of complaints from concerned citizens, Shell asked that such magazines be removed from the stores. Please be advised that the letters you forwarded to me are very outdated and specific to operations at Shell-supplied retail outlets, as opposed to outlets supplied by wholesale. Certainly standards and policies of any company will evolve and change over time; however, it remains our position that if we deem the magazines to be offensive or objectionable to the general public, we will demand that appropriate steps be taken. As with all decisions we make with respect to the operation of Shell-branded outlets, we must balance our main concern of maintaining the integrity and reputation of the brand against operational control issues given our wholesalers are independent contractors. Additionally, many of our operators have proprietary convenience stores as is the case with Circle K where the Shell branded offer is fuel only and the convenience store is branded Circle K. However, that does not change the fact that we will look at every situation on a case-by-case basis, and take action where we deem appropriate. In regard to your inquiry about specific Circle K locations, our investigation has concluded that these stores are not selling pornography as one would think the general public defines it, but rather "adult sophisticate" magazines such as Playboy and Penthouse. Additionally, the policy at Circle K dictates that all "adult sophisticate" magazines are to be maintained in wrapping, sold only from behind the counter to adult consumers with appropriate proof of age, and prohibits the reading of adult magazines on store premises. Given the unobtrusive manner in which these stores are selling "adult sophisticates," we do not plan to pursue this issue further.
Again, every
inquiry is reviewed on a
case-by-case basis, so
please feel free to contact
us again in the future if
you identify situations
involving non-adult
sophisticates.
Otto O'.
Meyers, III, If you have difficulty sending your email, please use the following email addresses, subject line and message to send your email through your email service. SHELL OIL COMPANY OFFICIALS - EMAIL ADDRESSES
marvin.odum@shell.com Marvin
Odum, President Suggested Subject Line: We are disappointed that Shell will allow sale of explicit materials under their signs and brand Suggested Email Message: We have learned that Otto Meyers stated the following regarding Shell Oil Company policy regarding the sale of pornography: In regard to your inquiry about specific Circle K locations, our investigation has concluded that these stores are not selling pornography as one would think the general public defines it, but rather adult sophisticate magazines such as Playboy and Penthouse. My family and I were very disappointed to learn that Shell Oil Company no longer considers the hardcore content of Penthouse and explicit nudity in Playboy to be pornographic. No other major oil company has taken this position. Shell Oil Company stands alone as the only major oil company to treat Penthouse and Playboy as non-pornographic materials. We urge Shell Oil Company to follow the standards and definitions established and enforced by all other major oil companies regarding the sale of pornographic materials by strictly prohibiting the sale of Playboy, Penthouse and other magazines that feature full nudity and explicit sexual conduct at all Shell branded stations including Circle K Stores.
Our future
patronage of any Shell
branded station or product
may depend on the response
we receive from Shell Oil
Company.
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Florida Family Association.
All Rights Reserved.
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