CARU Recommends Telebrands Add Audio Disclosure to ‘Wow Cup’ Advertising

New York, NY – July 17, 2014 – The Children’s Advertising Review Unit has recommended that that Telebrands, Inc. modify advertising for the company’s “Wow Cup” to better disclose the full cost of the product. The company has agreed to do so.

CARU is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

CARU monitors advertising to children in all media. CARU also examines websites and apps for compliance with CARU’s Self-Regulatory Program for Children’s Advertising – which includes guidelines on online privacy protection – as well as with the federal Children’s Online Privacy Protection Act (COPPA).

Television advertising for the patented non-spill cup came to the attention of CARU through CARU’s ongoing monitoring of advertising directed to children. The advertising at issue aired on Cartoon Network during the program “Codename: Kids.”

The advertising showed Wow Cups manipulated in ways that would cause liquid to spill from standard cups or glasses. The commercial featured a shot of Wow Cups held over a computer without spilling, along with the cost of a single cup displayed in a large font: “$10.”

A small written disclosure stated: “$5.99 S&H and $6.99 Separate Fee.”

The final voiceover of the commercial stated “Must be 18 years or older to order.” The voiceover did not mention the additional fees.

CARU questioned whether the commercial adequately informed children of the price of the Wow Cup. Following its review, CARU recommended that Telebrands add an audio disclosure that clearly states the price, including all additional fees.

Telebrands, in its advertiser’s statement, said the company “believes that the terms of the offer as expressed in the commercial are clear enough to be fully comprehended by anyone who would be purchasing the product. As the decision notes, a purchaser must be 18 years of age or older to order. Additionally, they presumably, have access to a credit card, so the audience for the pricing terms is not an unsophisticated one. That said, out of regard for the self-regulatory process, Telebrands agrees to add the audio disclosure recommended by CARU.”

 

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

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary