Young children view advertisements and marketing quite differently than adults. They fully believe the maple syrup bottle sitting on their kitchen table will come alive as it did in the commercial.
While the vast majority of youth marketers effectively navigate the fine line between selling a product and responsible messages, sometimes advertisers find themselves overstepping boundaries set by the Federal Trade Commission, the Federal Communications Commission, and the self-regulatory group Children’s Advertising Review Unit (CARU). It is these case studies that prove enlightening to other youth marketers hoping to avoid similar missteps. (It’s important to note the companies mentioned below all appropriately addressed — or are addressing — the regulators’ concerns.)
Disclosures Must Be Seen And Heard
A steady stream of TV commercials has helped to make the Hexbug Nano, a small battery powered robot bug, one of 2010’s most popular toys. One TV spot, in particular, featured hundreds of vibrating Nanos shown clustered together as a voiceover states “swarming now at Target.” A written disclosure at the bottom of the screen stated “each sold separately.” This ad caught the attention of CARU because regulators felt children would expect to receive numerous Nanos with a single purchase.
• When a disclosure is involved, ads need an audio voiceover — in addition to a written disclosure — because younger children may not be able to read or understand a written statement. Also, written disclosures must be prominent enough to catch kids’ attention (e.g. not at the bottom of the screen).
Avoid Using Special Effects On Products
Spin Master aired a TV ad for its Liv Dolls that used specific effects to show Liv Dolls styling hair, skateboarding, and doing yoga. CARU felt the ad provided the impression that these dolls could perform movements without assistance.
• Avoid using special effects to alter a product since it gives children a false sense of its abilities. In Spin Master’s case, the ads are modified to better depict the need for manipulation, such as showing a hand moving the dolls.
Selling A Product Through A TV Show
Kids’ programs must abide by certain rules under the Children’s Television Act, including a distinct separation of content from ads (e.g. “we’ll be right back”). They must also follow a tie-in policy that prevents “Dora from selling a lunchbox during Dora,” says the FCC’s David Konczal. “There’s a trust kids place in cartoon characters and this is designed to prevent confusion.” However, characters can shill for products during other programming. “Dora can sell Cheerios during Babar,” jokes Konczal.
Using these guidelines, the FCC is evaluating whether Zevo-3 — a cartoon series featuring characters advertised to sell Skechers shoes — is “akin to Ronald McDonald having his own TV show,” says Konczal. After receiving public comments through November 3, the FCC is currently evaluating whether the series violates its guidelines.
• This ruling will have implications for youth marketers as a growing number of youth properties rely on both an entertainment offering and tangible tie-in products.
Don’t Mislead. Period.
Kellogg’s Pop-Tarts packaging prominently displayed how the products come with significant amounts of real fruit by featuring images of fruit and the phrase “Made with Real Fruit.” In actuality, the products contain less than 6% of fruit products.
When CARU requested Kellogg’s stop using these claims, the company responded by saying its packaging is exempt from CARU guidelines since Pop-Tarts ads are not “primarily directed to children.” CARU, then, re-approached Kellogg’s with Pop-Tart packaging that featured its “Cut & Collect 15 in All” promotion, including instructions: “With safety scissors, and an adult’s help, cut along dotted line.” Why would an adult need another adult’s assistance for this task? Kellogg’s has discontinued the packaging.
• Do not mislead any consumer, regardless if they are a child or adult. And don’t try to mislead regulators, either.
Mom-Targeted Messages Fall Under Kid Rules
Tyson, Chuck E. Cheese, and Johnson & Johnson encountered difficulties with advertisements that reached moms through their kids. CARU states that while an ad may contain adult-targeted messages, it still needs to abide by kid standards. In determining whether a commercial is primarily directed at children, CARU considers:
• The content of the ad;
• Projected audience demographics;
• The other companies advertising during the program;
• Whether the ad appears during, just before, or after kids’ programming;
• The advertiser’s intent.
Tyson maintains that the advertisement for its chicken nuggets was directed at “parents of picky eaters who were co-viewing Nick Jr.,” but under CARU guidelines, the ad is considered to be kid-oriented. Therefore, Tyson needs to display at least three of the five food groups when showing children in mealtime settings.
Chuck E. Cheese promoted its birthday party packages by showing kids having a party featuring food platters and a birthday cake, accompanied by a written disclosure at the bottom of the screen stating that the birthday cake and food platter must be purchased separately.
While Chuck E. Cheese argued that the ad is adult-targeted since only adults can purchase the party, the company reconfigured the commercial to include a more conspicuous audio disclosure of the additional item purchase requirements.
Johnson & Johnson (J&J) experienced a more complicated issue when it advertised its Listerine Smart Rinse during Dora the Explorer. The product bears a warning label to “keep out of reach of children.” However, J&J believes the product is only a concern if misused, and is challenging CARU’s guidelines on the basis that the label should not automatically mean all products carrying it are unable to advertise to kids. J&J also points out that 33% of Dora viewers are adults. The issue has yet to be resolved as we go to press.
• Any ad that may “appeal” to children will be held accountable to CARU guidelines. When in doubt, disclose and be proactive.
Contacts and Connections: CEC Entertainment [Chuck E. Cheese], Brenda Holloway, Marketing Manager, PO Box 152077; Irving, TX 75015; 972-258-5413; bholloway@cecentertainment.com; www.chuckecheese.com.
Children’s Advertising Review Unit (CARU), Wayne Keeley, Director, 70 W. 36th St., 12th Fl., New York, NY 10018; 212-705-0112; www.caru.org.
Federal Communications Commission, David Konczal, Assistant Division Chief, Policy Division, Media Bureau, 45 12th St., SW, Washington, DC 20554; 202-418-2228; david.konczal@fcc.gov; www.fcc.gov.
Federal Trade Commission, Mary Engle, Bureau of Consumer Protection, 600 Pennsylvania Ave., Washington, DC 20580; 202-326-3161; www.ftc.gov.
Johnson & Johnson (Listerine), Kristina Chang, Healthcare Products, 199 Grandview Rd., Skillman, NJ 08558; 973-385-4370; kchang12@its.jnj.com; www.listerine.com.
Kellogg, Mark Baynes, Global CMO/VP, 1 Kellogg Sq., #3S, Battle Creek, MI 49017; 269-961-2561; mark.baynes@kellogg.com; www.kelloggs.com.
Skechers, Michael Greenberg, President, 228 Manhattan Beach Blvd., #200, Manhattan Beach, CA 90266; 310-318-3100; michaelg@skechers.com; www.skechers.com.
Spin Master, Matthew Wexler, Executive Producer, 450 Front St., West, Toronto, ON, Canada, M5V 1B6, 416-364-6002; www.spinmaster.com.
Tyson Foods, Randy Smith, SVP Food Service, 2210 W. Oaklawn Dr., Springdale, AR 72762; 479-290-4000; www.tyson.com.
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