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
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Compliance with COPPA: So easy, even a kid can do it
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…
Viewer Discretion Is Advised – UK to Apply Film Ratings to Music Videos
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.
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International Food and Beverage Alliance agrees new restrictions on advertising to children
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…
New Paperwork Required for NY Employers Engaging Child Performers
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.
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New NY Labor Laws in the Spotlight at Fashion Week
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.
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New York State Extends Labor Law Protections to Child Print Models
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.
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ASA Unblurs The Lines To Protect Children
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,
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ASA stumbles upon age-old problem
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…
OFT Investigates So-Called “Free” Web- And App-Based Children’s Games
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…