October 20, 2006

Nestle's AquaPod Ads Leave Parents All Wet

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In July of 2006, Nestle Waters North America, launched a campaign directed at kids for its new AquaPod waters, specially shaped water bottles designed to promote water-drinking among teens. Included in the campaign were commercials that featured children not obeying their parents and characterizing the parents as "nags." According to CARU, the self-regulatory agency that requested Nestle remove the ads from the website, one parent wrote "I strongly object to this kind of advertising, which undermines my role and responsibilities as a parent to instill values and a work ethic in my children."

Nestle agreed to remove the troublesome ads by the end of September.

It now appears that parents are characterized as Zombies on the site. That's much better.

Posted by Tsan Abrahamson at 02:49 PM

September 11, 2006

Xanga.com Pays One Million for Violating COPPA

The FTC is getting serious about children's privacy. According to the FTC website, xanga.com (and its pricipals, Marc Ginsburg and John Hiler) agreed to pay a whopping $1 Million in civil penalties for violating the Children's Online Privacy Protection Act ("COPPA").

According to the FTC, the xanga site allowed users under the age of 13 to sign up for a free account, despite the proscription on the sign-up page. Xanga failed to secure parental permission from those users, even when they used a birthdate that clearly made them underage.

Practice Pointer:
Many companies mistakenly believe that they are in compliance with COPPA guidelines if their content is adult directed or if they post a statement that no one under 13 is allowed to register on the site. In fact, companies may be in violation of COPPA in the following situations:

  • The site gives a potential registrant a message such as "sorry, you're under 13 and cannot register" pursuant to entering an incorrect birthdate.
  • The site allows a potential registrant to use the browser "back" button to enter a new birthdate.

  • The site contains an "attractive nuisance," such as a cartoon image or a commercially desireable product that would attract younger children (paticulary younger children with older siblings).

  • The site has received email from parents stating that their child (a registrant) is under the age of 13.

  • The site does not provide parents with an easy way to change their children's information.

  • The site offers a promotion (such as a sweepstakes) and uses collected information for later advertising.

  • The site holds personally identifiable information, even if it doesn't send direct advertising.
  • As the FTC continues to crack down on social sites, the fnes and corrective measures (including scrapping an entire mailing list) that the FTC will require will continue to increase. If you are uncertain whether you should be in compliance, contact us


    Posted by Tsan Abrahamson at 10:18 AM

    September 07, 2006

    SpongeBob Gets Squared Away by CARU

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    The Children's Advertising Review Unit ("CARU") determined that the advertising, aired on Nickelodeon, for a new SpongeBob SquarePants DVD violated the CARU Advertising Guidelines prohibiting advertising placement of a product during the show that features the same characters. Nick was quick to remove the problematic ad placement, noting that human error was the culprit.

    Advertisements placed during a show, or directly adjacent to a show, which showcase the subject of the show, tend to lead children to the conclusion that the character (in this case, SpongeBob) is endorsing the product. CARU believes this sort of advertising is unfair to children (and parents).

    Posted by Tsan Abrahamson at 10:06 AM

    November 28, 2005

    CARU Questions Fruity Ad

    The Children's Advertising Review Unit ("CARU") issued a press release today stating that food company Kellogg's, which markets to children on children's programming, has agreed to remove the tagline It's the Fruit Snack with a Twist from its "Twistables" fruit-flavored snacks. The press release also stated that Kellogg's has agreed to remove from its television ads, a voice-over stating that the product is "Made With Real Fruit."

    CARU was concerned that the use of "fruit snack" in the advertising and the voice-over stating that the product was "made with real fruit," would give children the impression that the product was mostly fruit. Kellogg's agreed to change the voice over to "fruit-flavored." Very good, Kellogg's. You get a (fruit-flavored, partially hydrogenated, made-with-real-fruit pieces) red apple.

    Posted by Tsan Abrahamson at 10:38 AM

    May 26, 2005

    Viral Marketing Association Agrees Kids Should "Buzz Off."

    The Viral & Buzz Marketing Association has aligned itself with Massachusetts representative Mike Festa, who has introduced a bill that, if passed, would require that children get parental permission before participating in Buzz marketing efforts. The Bill focuses on online word-of-mouth programs that encourage children to "talk up" products or services to their friends in exchange for free gear.

    Although the Children's Online Privacy Protection Act (COPPA) does not directly address viral marketing issues, it does require that marketers seek verifiable parental permission prior to marketing to children under the age of 13. The current bill would likely affect marketers who want to use children in their viral campaigns because it would effective increase the age -- by three years -- for which marketers would have to seek permission (at least for viral campaigns).

    The growth of the Internet and increasing legislature to curb spam have given rise to an increase in viral marketing campaigns as a way of getting the message out without violating the CAN-SPAM Act, which went into effect in 2004. Although many companies do not use children to spread the word online, they do use children (often called "influencers") to share products at school and with their friends. If the bill passes, it could mark a sea-change in the way companies appealing to kids market their products.

    Posted by Tsan Abrahamson at 10:29 AM | Comments (0)

    CARU Squeezes Mattel for New JUICE BOX Ads.

    Mattel's new television commercial, which advertises its new JUICE BOX personal video-stereo system caught the eye (or ire) of the Children's Advertising Review Unit (CARU), which monitors advertising directed at children.

    The JUICE BOX is a media player that allows children to play music, look at digital photoes, and even watch programming. The JUICE BOX, which contains a proprietary software, plays software called 'JUICE WARE." While the commercial adequately informed children of all the cool things the JUICE BOX could do, it was less clear that in order to do those things, additional purchases would be required. Indeed, in addition to purchasing the JUICE BOX player, parents still had to plunk down ducats for the Juice Ware Chips and Jice Box MP3 Starter Kit if they wanted the player to be used to its full potential.

    Mattel was not inclined to change the JUICE BOX commercials, maintaining that their disclosures were adequate and complied with CARU guidelines, but did thank CARU for helping to "ensure responsible advertising practices" . . . . especially when it comes to the competition.

    Posted by Tsan Abrahamson at 09:20 AM | Comments (0)

    March 22, 2005

    Conair Avoids Hairy Mess with Children's Advertising Review Unit

    The Children's Advertising Review Unit ("CARU") announced today that it has reached an agreement with Conair Corporation, relating to its battery-powered toy that strings beads onto children's hair strands.

    The commercials, claim CARU, suggested that girls who purchased the product would be more popular with boys. One of the CARU self-regulatory guidelines states that children should not be pressured into purchasing a product because they think it will make them more popular.

    The commercial in question featured a girl being told by her friends that she "might want to work on that hair," before going out. Once she used Conair's beading device, the commercial shows a boy nodding and smiling his approval at her new look.

    While Conair disagreed with CARU's findings, it has agreed to remove the scene containing the boy.

    Posted by Tsan Abrahamson at 09:21 AM | Comments (0) | TrackBack