CARU Recommends VTech Modify Future Advertising for ‘Switch & Go Dino’ to Better Disclose Toy’s Capabilities

New York, NY – Dec. 5, 2013 – The Children’s Advertising Review Unit has recommended that VTech Electronics North America, LLC, modify broadcast advertising for the Switch & Go Dino toy to better disclose that the helicopter does not fly on its own. 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.

A television advertisement for the Switch & Go Dino, marketed by VTech Electronics, came to CARU’s attention through CARU’s ongoing monitoring of advertising directed to children.

The commercial opens with the helicopter flying through a forest-like setting, on its own without the assistance of hands moving it. As the helicopter turned, a hand was barely visible behind a mass of leaves. The next shot showed the helicopter flying through the air without showing any hand manipulation. The final shots showed the unassisted helicopter landing, after which a child’s hand appeared and transformed the helicopter into a dinosaur.

CARU’s guidelines specifically provide that, “copy, sound, and visual presentations should not mislead children about product or performance characteristics. Such characteristics may include, but are not limited to, speed, method or operation… and similar characteristics.”

The guidelines also note that advertisers should demonstrate the performance and use of a product in a way that can be duplicated by a child for whom the product is intended. In making determinations regarding the sufficiency of the depiction of hand manipulation, CARU looks at the clearness and conspicuousness with which the hand manipulation is demonstrated.

After carefully reviewing the toy, its capabilities, and the commercial, CARU determined that one reasonable take away message was that the Toy could fly on its own, when in fact, it does not.

In reaching its decision, CARU found that there was very minimal use of hand depiction.
CARU recommended that the advertiser include clear and conspicuous shots of hand movements in order to avoid the impression that the toy can fly on its own.

VTech, in its advertiser’s statement, said that while it disagreed in part with CARU’s findings, the company had “voluntarily taken this spot out of its rotation for the balance of its Q4 advertising schedule and does agree that if the commercial should be scheduled to run again in the future, it will modify the scene(s) in question so that the hand manipulation is more obvious.”

 

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 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.

Read the Decision Summary
Decision

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...

Read the Decision Summary
Decision

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.

Read the Decision Summary
Decision

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...

Read the Decision Summary