From a marketing standpoint companies always want to know who the target audience is for the advertising, but sometimes it becomes important from a legal standpoint as well. In some instances arguments regarding the target audience can be helpful. Claims are usually interpreted with regard to the “reasonable consumer” but in some instances claims that
Dodging NAD Challenge is Not Childsplay
Per its own rules the NAD must close an investigation if it learns that the advertising at issue was permanently discontinued prior to the start of the challenge, and the advertiser assures NAD that the challenged claims will not be used in future. When an NAD challenge issues, assuming the challenged ads are still in
Court Takes the Fizz Out of City’s Sugary Drink Restrictions
A ban on sugary drinks in NYC that was set to take effect today was put on hold by Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan yesterday. The much discussed and debated law would have put a 16-ounce cap on sweetened bottled drinks and fountain beverages sold at city restaurants, delis,
Who Knew There Would Be Two Teachable Moments in Cookie Ads?
CARU and NAD are sister self-regulatory agencies under the BBB’s ASRC umbrella, NAD aimed at truth in advertising generally and CARU focusing on child-directed ads. Both NAD and CARU reviewed ads for WhoNu cookies in 2012 and came to different conclusions as to similar ads based on the maturity of the audiences. It is a
Upcoming Panel: “COPPA: The Final Word”
On July 1, 2013, sweeping new regulations for marketing to children take effect. (See details here). In updating the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission has extended its reach to new businesses and new information. Even if you were safe in the past, you may not be in this
It’s Beginning to Look a Lot Like… COPPA
Just in time for Christmas, the Federal Trade Commission (“FTC”) has unveiled its long-anticipated update to the Children’s Online Privacy Protection Rule (“COPPA Rule”). The COPPA Rule, which has been in place since 1999, imposes a variety of privacy requirements on “operators” of websites and online services that are “directed to children” under
Changes Coming to the COPPA Cabana?
The holiday season is upon us. For those families that celebrate Christmas, hopeful lists from boys and girls have likely already made their way to the North Pole. If you’re a proscratinator or just don’t remember anymore what a postage stamp looks like, Santa has gone online (he may be old but he’s still hip.)
Advertising to Kids – More than Just Truth and Accuracy
We focus a lot on this blog on claim substantiation. That is largely what we do, and largely where our readers focus. But a review of CARU’s decisions in the past month serve as a good reminder that when directing ads to kids under 12, there is more than substantiation at issue. Advertisers have a
FTC Blitzes Concussion Prevention Claims
As football season gets under way, the news is filled with stories about the toll concussions suffered by players can take on the brain, and even the Center for Disease Control has offered advice on the subject. Last month the FTC announced a complaint and settlement with a marketer that promised that its mouthguard could
FTC to Apps: “We’ve Got a Guide for That”
Mobile apps are off the hook! For those of us a bit older, the world clearly is “Going Mobile.”
Just this week, the White House launched its new mobile app, the Pew Research center released a study on Americans’ privacy concerns with apps, Angry Birds marked Freddie Mercury’s birthday by giving him