Van Halen famously had an item in their concert contracts that required brown M&Ms removed from the rest of the M&Ms in their dressing room and backstage.  “No brown M&Ms’ has been often re-interpreted by pop psychology as narcissistic indulgence or obsessive control. It is remembered as a demand associated with rockstar vanity.

In reality, it was no such thing.

In reality, as David Lee Roth describes in his 1998 autobiography Crazy from the Heat (first edition paperback selling  for $123.41 on Amazon?!), and Ira Glass documented in a story that first aired July 24, 2009, on This American Life, the fine print about the M&Ms was a game designed by Van Halen  to make sure every part of its contract was read and observed by the local promoter and crew, especially the details of stage and stadium safety. Early in the stadium concert era of the 1970s, there was a lot of variance in stadium electrical systems and construction, and the supergroup, who traveled with 9 semi-trailers of equipment, wanted to make certain their concerns about safety were addressed with the same focus and attention to detail that goes into separating the brown M&Ms from the rest.

In the words of Jeff Bartsch on Editmentor.com:

“If the band rolled up to the next venue and found brown M&Ms in the backstage candy bowl, they immediately demanded a full line-item review of the entire rider contract.  Eddie Van Halen specifically buried the M&M Clause, because concert promoters who don’t pay attention to one part of a contract usually don’t pay attention to the rest of it, and resulting technical issues could be disastrous, even deadly.”

In a 2010 Fast Company article, the Heath Bros. describe the brown M&Ms as a ‘canary in a coal mine.’ They interpret it as a kind of red flag used by David Lee Roth to catch careless oversights of details in their contract.

We see it as a game.

The brown M&Ms were the anomaly that defined a game, a game whose objective was to eliminate brown M&Ms, and whose result was safety.

Note that there’s a big difference between the objective of a game and the results achieved by playing it! For example, the objective of chess is to checkmate the opponent’s king. The results of playing it are strategies and counter-strategies, study, focus and the testing and extension of one’s abilities.

A canary in a coal mine doesn’t really define a game, because the results are, for the most part, binary. The canary lives, or the canary dies. The canary in the coal mine tests only one thing—the presence of lethal gas. No fresh dialogue results from it, no unexpected discoveries, the processes following either outcome have already been scripted. The Heaths’ analogy is weak, because a productive game like ‘Brown M&Ms’ has a nearly infinite number of possible outcomes.

Variations of this game can work for any team involved in QA, Safety, Compliance, Supply Chain, Facilities Management, Engineering, etc., where there’s little or no tolerance for error. It’s not a game you can play too often. Played too often, your ‘brown M&Ms’ will no longer be an anomaly, and the game will lose its bite.

The advantage of playing a game like this is that it brings every imaginable detail into play, not just those you and your legal team can stipulate in a contract or manual. When you call attention to the ‘brown M&Ms,’ you initiate a dialogue about the details of your working relationship that holds far more possibilities for problem-solving in real time than the necessary, but inevitably frozen-in-time terms of a contract.