CARU Recommends Foomojo Modify “Foo Pets” Webiste To Eliminate Undue Sales Pressure, Disclose Membership Requirement
New York, NY – April 6, 2011 – The Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc., has recommended that FooMojo Inc., modify its Website to disclose that memberships are required for full participation and to eliminate undue sales pressure.
The Website, foopets.com, came to the attention of CARU through a consumer complaint.
Upon CARU’s initial examination, the Website allowed children to “adopt the world’s cutest online pet.” To enter the adoption center, children were required to enter a username and password. There, they could name a pet of their choice, feed it, walk it and play with it.
During this time, the child’s virtual pet was housed in a time-limited adoption center, which closed 30 minutes after a visitor logged in. When the center was closed, visitors were unable to enter the center and interact with pets unless they “re-open[ed] the center right now by joining ClubFoo.”
Clicking on the words “ClubFoo” brought visitors to a membership package page. Memberships ranged from $4.99 for one month to $39.99 for one year.
Visitors who did not join ClubFoo received various pop-up messages on their computer screens, telling them to so. One such message stated: “This cute Husky just got adopted! If you don’t want someone else to get [your pet’s name], the [pet] you’re playing with, join ClubFoo Now!”
CARU questioned whether the advertiser clearly disclosed that membership was required for the adoption of a pet and whether the advertiser created a sense of undue sales pressure.
In response to CARU’s inquiry, the operator stated that it would make clear visitors had to buy a ClubFoo membership prior to adopting a pet. The operator further stated that it would eliminate messages that conveyed undue sales pressure such as, “if you don’t want someone else to get [your pet’s name], the [pet] you’re playing with, join ClubFoo Now!”
In its advertiser’s statement, the company said that it “agrees with this decision and is pleased to be in compliance.”
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
National Advertising Division Refers “Made in USA” Claims by Larose Industries d/b/a Roseart and Cra-Z-Art to the Federal Trade Commission
New York, NY – January 10, 2025 – The National Advertising Division referred advertising claims by Larose Industries, operating under the names Roseart and Cra-Z-Art, that its products are “Made in USA” to the Federal Trade Commission (FTC) after Larose Industries failed to respond to the inquiry.
National Advertising Division Recommends T-Mobile Discontinue or Modify 20% Savings vs. ‘The Other Big Guys’ Claim; T-Mobile to Appeal
New York, NY – January 9, 2025 – The National Advertising Division recommended that T-Mobile discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also...
In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
New York, NY – January 8, 2025 – In a National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore, Behr voluntarily discontinued its “No Comparable Product” claim.
National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures
New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...