CARU Recommends Moose Modify Broadcast Advertising for Fortune Cookie Maker
New York, NY – March 13, 2013 – The Children’s Advertising Review Unit recommended Moose Toys modify advertising for its Fortune Cookie Maker to better disclose what is included with an initial purchase. The company agreed to do so in future advertising.
CARU is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
The advertising at issue came to the attention of CARU through CARU’s routine monitoring of advertising directed to children.
Upon its initial review, CARU questioned whether the broadcast advertising clearly showed the products included with the initial purchase.
The Fortune Cookie Maker allows children to fill a fortune cookie mold with dough sold by Moose, insert a paper fortune and then seal the cookie. Children can also decorate the fortune cookies with frosting, sprinkles or other decorations once the cookie has been sealed.
The opening shot of the commercial at issue showed many different fortune cookies with a variety of toppings, followed by shots of a child writing a fortune and inserting it into the cookie. The next few shots showed fortune cookies with different toppings including hearts, dots, and multiple icing colors. A small, written disclosure stated “fortune cookie maker includes mix, sprinkles, and icing only.”
Following its review of a product sample, CARU noted that only a single topping was included with initial purchase. To duplicate the designs depicted in the advertising at issue required the purchase of additional toppings.
CARU has routinely held that in television advertisements an audio voiceover should accompany a written disclosure in advertisements directed to children because younger children may not be able to read or otherwise understand a written disclosure.
CARU recommended that, should the company decide in future advertising to depict items that are not included with the initial purchase, it “should use audio voiceovers to clarify what is included.”
Moose, in its advertiser’s statement, said the company appreciated CARU’s review of its advertising and would “accept CARU’s recommendation for changes in our role as responsible advertisers.”
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...