Gatorade recently handed $300,000 to California to settle false advertising and unfair competition claims that boil down to making water look bad. The company released an app in 2012 called “Bolt!” that featured an animation of Jamaican Olympic gold medalist, Usain Bolt, racing to recapture gold coins from pirates. Gatorade icons boosted performance and water … Continue Reading
The Federal Trade Commission has published a new guide that seeks to make compliance with the Children’s Online Privacy Protection Act (COPPA) as easy as 1, 2, 3, 4, 5, 6. Drawing from its detailed FAQs, the FTC has developed an even more stream-lined, six-step DIY instruction manual designed for busy businesses that want a … Continue Reading
The British Board of Film Classification (BBFC), the body long responsible for providing ratings on theatrical films in the UK, recently launched a voluntary pilot program designed to protect children from watching inappropriate content whereby music videos would receive film-style age ratings, quite possibly signaling first step towards regulating music videos. Under the program, certain UK record companies, including Sony, Universal and Warner will submit music videos that are intended for a "12 and above" audience to the BBFC, and subsequently it would issue a rating for the video per its Classification Guidelines: 12, 15 or 18.… Continue Reading
The International Food and Beverage Alliance (IFBA) has delivered an open letter to the World Health Organisation (WHO), voluntarily pledging to cease marketing unhealthy food to children by 2016. The IFBA’s members include some of the world’s largest food and drink companies including PepsiCo, Nestle, Kellogg and Unilever. The restriction is based upon a set … Continue Reading
In an October blog post, we reported on the New York labor law amendments enacted specifically to protect runway and print models under the age of 18, providing them with the same protections that other young performers had received. Furthering the requirements of the amended laws, the New York Department of Labor recently released updated forms that employers must use when engaging child performers, including models.… Continue Reading
Mark S. Goldstein was recently interviewed for an article by Law360 regarding new Labor Law protections for child models. As we previously mentioned, on October 21, 2013, New York Governor Andrew Cuomo signed into law amendments to New York's labor laws to specifically cover child models. The legislation protects runway and print models who are under the age of 18 in accordance with the same state labor laws that already protect other young entertainers. Mark told Law360 that, among other things, he hopes that the Department of Labor works with fashion industry insiders to maximize effective implementation and enforcement of the new law.… Continue Reading
On October 21, New York Governor Andrew Cuomo signed into law amendments to New York's labor laws to specifically cover child models. The legislation aims to protect runway and print models who are under the age of 18 in accordance with the same state labor laws that already protect other young entertainers, including actors, dancers, musicians, singers, and voice-over artists. Specifically, the law, which goes into effect 30 days from its October 21 signing, contains mandated education, oversight, and financial protections, and requires employers to obtain work-related certificates of eligibility and maintain proper records of all work performed by child models. Among other provisions, this legislation requires: (i) chaperones to monitor the workplaces of models under 16 years of age; (ii) employers to provide nurses with pediatric experience and, under certain circumstances, teachers, as well as a dedicated space for instruction; (iii) employers to deposit at least 15 percent of the child's gross income into a financial trust created by the model's parents or guardians; and (iv) employers to provide notice to the NYS Labor Commissioner at least two business days prior to employing an underage model. Employers that violate the provisions of this legislation will be subject to monetary fines, generally ranging between $1,000 - 3,000 per violation.… Continue Reading
The ASA has banned the broadcasting of a Beats Pill speakers ad prior to 19:30. Starring Robin Thicke, the overall tone of the ad was deemed to be "sexual." Commissioned by Beats Electronics, the ad seemed to mirror the music video for the number one hit "Blurred Lines". Wearing only hot pants and crop tops, … Continue Reading
The ASA has released a survey which was commissioned to establish what advertisements were being accessed and seen by young people online. The 27-page survey focuses much of its attention on the engagement by young people of social media platforms and, perhaps unsurprisingly, establishes that a significant proportion of young people register with social media … Continue Reading
Over the last year, a number of cases have been reported where children have unwittingly racked up huge bills while playing web and app-based games that are free to download. The bills came from expensive “in-app purchases” of content such as upgraded membership and virtual currency, which is how many of the top-selling apps make … Continue Reading
CARU's West Coast Conference 2013 is scheduled for April 10 at the Beverly Hills Hilton, and once again promises to be a not-to-be-missed event. Confirmed speakers include Mamie Kresses, Federal Trade Commission; Katie Ratte, The Walt Disney Company; Jeannette Neumann, Mattel; Cynthia Nishimoto, Bandai; Stevan Levy, Kabillion; and Ryan Shadrick Wilson, The Partnership for a Healthier America. CARU believes if there is one conference to attend this year, this is the one, particularly in view of the impending COPPA modifications. CARU will devote a panel to the COPPA changes and will have detailed, lively discussions about the impact to the industry at-large. Indeed, rather than just a panel discussion, CARU hopes it will be more of a training session to prepare advertisers and website operators for the changes. Additionally, panelists will examine domestic and global challenges to self-regulation in the areas of social media, mobile marketing, sweepstakes, and food and beverage advertising.… Continue Reading
The Children’s Advertising Review Unit (CARU) determined recently that Skechers, the maker of Red Phrans-Phavorite Sneakers, and Marc Ecko Enterprises, which markets the product, should modify or discontinue advertising that suggests the shoes shine red when used. CARU picked up the ad during its monitoring practices, as it aired during after-school hours on Nickelodeon. Vanessa … Continue Reading
Nigeria’s Consumer Protection Council (“CPC”) is calling for a global ban on advertising for food that is high in fat, sugar, and salt, at least with regard to children’s advertising. According to an article in Africa News, CPC is calling on the World Health Organization to support a strong international code that would ban marketing low-nutrition … Continue Reading
This post was also written by Milan Joshi. Sky One, a UK satellite channel that broadcasts “The Simpsons,” has been told that the sponsorship of the programme by Domino’s Pizza, a leading UK pizza delivery company, breaches sponsorship rules, despite the fact that no products that were high in fat, salt or sugar (HFSS) were … Continue Reading
The Federal Trade Commission staff will host a forum March 12, 2009 to gather input for its upcoming education program on advertising literacy for “tweens,” or kids who are 8 to 12 years old. At the forum, experts on advertising and marketing to kids will discuss a range of issues, including: What kids experience in … Continue Reading
Children who are obese or who have high cholesterol also show early signs of heart disease, according to a new study. Results of the study were unveiled at a recent American Heart Association conference. The study, conducted by researchers from the University of Missouri Kansas City School of Medicine, has not yet been published. The … Continue Reading
Between 500 and 600 U.S. school districts have instituted nutritional policies limiting foods deemed to be high in fat, salt and sugar. That’s according to a research scientist at the Institute for Health Research and Policy at the University of Illinois at Chicago. The widespread curbing of snacks in school has some kids pining for … Continue Reading
A Federal Communications Commission official is pushing a proposal to ban interactive ads targeting children. FCC Commissioner Jonathan S. Adelstein’s call for regulation came amid the latest in a series of public meetings to address childhood obesity and its alleged link to food advertising. “With the growing convergence of TV and the Internet, we need … Continue Reading
In the face of federal disagreement as to whether the chemical bisphenol A (BPA) threatens the health of babies and young children, several state attorneys general have taken the matter into their own hands, and have asked baby product manufacturers to stop using the controversial chemical. Connecticut Attorney General Richard Blumenthal, joined by the AGs … Continue Reading
The melamine nightmare appears to have arrived in North American in time for Halloween. The Canadian government has issued a recall of Pirate’s Gold Milk Chocolate Coins, distributed by Sherwood Brands and sold by Costco. The U.S. Consumer Product Safety Commission has issued no similar recall. “This product is being recalled due to positive test … Continue Reading
Children under the age of 4 should not be given over-the-counter (OTC) cold remedies, according to new labeling being prepared by leading cold medicine manufacturers. The manufacturers of medicines sold under brands such as Dimetapp, Pediacare, Robitussin, Triaminic and Little Colds have agreed to voluntarily change their labels to state “do not use” for children … Continue Reading
This post was written by Carolyn E. Pepper and Tina Sany-Davies. OFCOM, the UK media regulator, published rules regarding advertising food and drink products to children. A consumer watchdog in the UK, Which?, has said that the rules, which aim to curb advertising foods assessed as high in fat, salt and sugar (“HFSS”) to children, … Continue Reading
Concerns over Chinese exports again dominated the headlines following reports that four infants in China had died from formula made with milk contaminated with melamine. Some 53,000 children were sickened by contaminated milk products. Melamine is the same chemical that earlier was found to have been mixed with pet foods linked with thousands of pet … Continue Reading
France’s broadcast authority has forbidden French channels from promoting television shows aimed at children under 3 years old. In addition, cable operators that air foreign channels with programming for babies are required to broadcast warnings stating: “Watching television can slow the development of children under 3, even when it involves channels aimed specifically at them.” … Continue Reading