Tag Archives: Self-Regulation

Government passes the buck to industry to deal with obesity crisis

The new Health Secretary under the coalition government, Andrew Lansley, has recently announced the axing of the previous government’s £75 million advertising campaign to promote healthy living, which was introduced in an attempt to reduce the record levels of obesity in the UK. As Mark Sweney from the Guardian notes, the new administration is instead encouraging … Continue Reading

Happy Days? Making Health Claims in Advertisements

Several ASA adjudications in recent months have highlighted the difficulties for advertisers in making any health claims about their products. The ASA have come down hard on those that fall foul of the CAP and BCAP Codes which require that, in relation specifically to health claims, advertisers must have evidentiary substantiation of any health claims made in advertisements, by … Continue Reading

Sorry Starbucks, the ASA agrees with Costa

In the battle of the coffee chains, Costa has edged one step ahead of its biggest rival, Starbucks. The ASA has dismissed complaints from Starbucks over a series of press and outdoor ads run by Costa stating that coffee lovers preferred Costa to Starbucks. The ads, featuring body copy such as “Sorry Starbucks: the people … Continue Reading

TV Ad for Post-Conception Advice Service Sparks Controversy

An advertisement by Marie Stopes International aired on 24 May, has sparked controversy and fierce resistance from “pro-life” and religious groups and already generated more than 370 complaints within the first week after the broadcast. Marie Stopes is a provider of “clear, non-judgmental information” on post-conception advice services, and this will be the first advertisement of its kind … Continue Reading

Déjà Google

Give Google credit that when it announced its acquisition of AdMob, a leading provider of mobile advertising services and technology, in November 2009, it proactively addressed the likelihood of a Federal Trade Commission (FTC) investigation into the transaction. Google even went as far as posting a web page that the media, regulators and other interested parties … Continue Reading

Maine Introduces COPPA Extension Bill

Last year, the Maine Legislature adopted 10 MRSA c. 1055, which, among other things, attempted to extend COPPA-like protection to all minors (that is, children under the age of 18). The law was plagued by a number of issues, including questions regarding its constitutionality, and ultimately caused the Maine attorney general to promise not to … Continue Reading

Are self-regulatory ad guidelines sufficient to satisfy federal regulators?

Reprinted with permission from Mobile Marketer at http://www.mobilemarketer.com. Earlier last month the leading media, advertising and marketing trade associations, including the American Association of Advertising Agencies, Association of National Advertisers, Interactive Advertising Bureau, Direct Marketing Association and the Better Business Bureau, representing an overwhelming majority of industry participants, released their Self-Regulatory Principles for Online Behavioral … Continue Reading

NAD Challenger’s Fees Go Up for Non-BBB Members

The National Advertising Division (NAD) of the Council of Better Business Bureaus (CBBB) is the premier self-regulatory body for advertising cases in the United States. It handles the majority of contested false advertising cases every year, compared with actions brought under the Lanham Act. In fact, in 2008, the NAD handled 214 cases, including 84 challenges by … Continue Reading

Be a Good Sport!

As anyone who has been through a case at the National Advertising Division (“NAD”) can tell you, bragging’s not allowed. One of the cardinal rules in self-regulation is that you cannot use an NAD decision for advertising purposes. What if you just send the decision around to, say, customers of the competitor you challenged? You … Continue Reading

Skechers Seeing Red Over CARU Decision

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

What Do We Have to Look Forward to in 2009

It’s a new year, and change is in the air. Although the holidays are over, some groups in Washington are hanging on to their wish lists with the hopes that President Obama will grant their desires. Over the past few months, Obama has sent agency review teams into dozens of government offices, ranging from the Pentagon … Continue Reading

Build-A-Bear Workshop Asked To Change Commercial

The Children’s Advertising Review Unit (CARU) has recommended that the popular Build-A-Bear Workshop modify or discontinue price advertising claims, which the self-regulatory group says may confuse children. CARU objected to a commercial, which the organization said it spotted through its own monitoring of advertising directed to children, that showed a child at a Build-A-Bear store … Continue Reading

FCC Head Calls for Online Targeted Ad Ban

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

No Cold Meds for Kids Under 4, Companies Say

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

CARU Refers Advertisers to FTC

The Children’s Advertising Review Unit (CARU) has referred two cases to the Federal Trade Commission because the advertisers failed to substantively respond to its inquiries. CARU examined advertising for the “Spray Racer,” a toy vehicle powered by water and air that is compressed when a child manually pumps a holding tank. CARU questioned whether a … Continue Reading

Toys ‘R’ Us Sets Tougher Safety Standards Than Feds

Toys ‘R’ Us has announced a series of tightened safety standards for toys and cribs. The announcement follows a series of massive recalls in recent years. The new requirements provide for general increased quality assurance standards and oversight, including increased frequency of third-party testing, and standards regarding the allowable amounts of lead that can be … Continue Reading

CARU Makes More Movie Ad Referrals to MPAA

The Children’s Advertising Review Unit (CARU) has referred ads for yet another PG-13 movie to the Motion Picture Association of America (MPAA) for being advertised during children’s programming. The move is the latest in what appears to be an increasingly tense stand-off between CARU, the advertising industry’s self-regulatory arm, and the motion picture industry. CARU … Continue Reading
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