CARU Refers Haribo Advertising to FTC for Further Review

New York, NY – May 27,  2010 – The Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc., has referred broadcast advertising for Haribo of America, Inc.’s Gold-Bears Gummy Candy to the Federal Trade Commission (FTC) for further review.

 CARU, the children’s advertising industry’s self-regulatory forum, recommended in 2010 that the advertiser modify broadcast advertising for the product to avoid the depiction of over-consumption. The advertiser agreed “to take CARU’s concerns into account in future advertising.”

In March 2011, CARU reviewed a commercial for Gold-Bears which was substantially the same as the commercial reviewed in 2010.

In the advertising at issue, several children in business attire are seated around a conference-room table, discussing the product. The table holds four large bowls of candy and each child is eating from a bag of Gold-Bears that contains 3.5 servings.

CARU’s guidelines, which offer guidance to advertisers on food marketing to children, state in part that the amount of product featured “should not be excessive or more than would be reasonable to acquire, use or consume by a person in the situation depicted.  For example, if an advertisement depicts food being consumed by a person in the advertisement, or suggests that food will be consumed, the quantity of food shown should not exceed the labeled serving size on the Nutrition Facts panel … .”

 In response to CARU’s compliance inquiry, the advertiser responded that it did not believe that the referenced commercial encouraged excessive consumption of Gold-Bears.  The advertiser noted that the commercial at issue had not been edited.

 CARU was disappointed the Advertiser did not address CARU’s concerns in its advertising.  Pursuant to CARU’s procedures, the advertising has been referred to the FTC for further review.

 

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