CARU Refers Street Surfing To FTC After Company Declines To Modify Website Depict Proper Safety Equipment

New York – Oct. 25, 2011 – The Children’s Advertising Review Unit of the Council of Better Business Bureaus has referred Street Surfing LLC, the maker of the  “Whiplash Scooter” to the Federal Trade Commission, after the company declined to modify its website to depict the use of appropriate safety gear.

The website, www.streetsurfing.com, came to CARU’s attention through CARU routine monitoring of advertising directed to children.

The Whiplash product is similar in appearance to a skateboard, but designed with a pivoting deck. The website includes videos of children and teens using the Whiplash while wearing helmets, but no other safety gear. The site also features user-generated videos of young riders without safety gear.

CARU questioned whether the advertising at issue depicted appropriate use of safety equipment. CARU’s Self-Regulatory Program for Children’s Advertising includes guidelines on “Unsafe and Inappropriate Advertising to Children,” which state in part that “proper precautions and safety equipment” should be depicted in advertising that shows physical activities.

In response to CARU’s inquiry, Street Surfing stated that in order to demonstrate its dedication to the protection of children it would add an online disclosure stating that “children should always wear protective gear.”

CARU, however, recommended that Street Surfing remove from the website depictions of riders using the Whiplash without the proper safety gear, a step the advertiser declined to take.

The company, in its advertiser’s statement, said that the “usage and behavior we represent on our website and in our marketing always depicts the usage of a helmet and will continue to do so. With this stated, we will not be implementing any changes to the website and consider our marketing and promotion to be completely compliant with all safety regulations and within the context of the actions taken by the category leaders.”

Pursuant to CARU’s policies and procedures, the advertising at issue 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