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CARU Recommends JAKKS Pacific Modify Ad to Better Depict Adult Supervision

4/2/2010

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New York, NY – March 29, 2010 –The Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc., has recommended that JAKKS Pacific modify broadcast advertising for the Candy Jewel Factory Oven to better depict the need for adult supervision. CARU determined that the advertising at issue adequately disclosed to the child audience which products were included with
the initial purchase of the oven and JAKKS’ Candy Ring Maker, Sprinkle Art Jewelry and Candy Bead Studio.

Broadcast advertising for the products came to the attention of CARU, the children’s advertising ndustry’s self-regulatory forum, through CARU’s routine monitoring.

Following its review of the advertising and the sample products provided by the advertiser, CARU etermined that the commercial did make clear which items are included with the initial purchase of
each of the four playsets. CARU noted that the commercial featured a shot of packaging for each of he playsets, as well as an audio disclosure that stated, “Each set sold separately… .”

CARU further determined that the commercial did not adequately
depict the need for adult upervision when the Candy Jewel Factory Oven is in use. With the purchase of the oven, consumers receive two candy molds, one plastic ring cover, one plastic heart-shaped locket, two packets of andy pellets (pink and green), one packet of star sprinkles, one packet of rainbow sprinkles, one packet of pearl sprinkles, one packet of candy string, and one oven tool. Packaging for the product states:

  • “CAUTION ELECTRIC TOY: THIS TOY HAS A LAMP USED FOR HEATING WHICH CAN RESULT IN BURNS. NOT FOR CHILDREN UNDER 8 YEARS OF AGE. AS WITH ELECTRIC PRODUCTS, PRECAUTIONS SHOULD BE OBSERVED DURING HANDLING AND USE TO PREVENT ELECTRIC
  • SHOCK.”
  • “CAUTION SUPERVISION REQUIRED- ELECTRIC TOY-UNPLUG WHEN NOT IN USE.”
  •  “WARNING: ADULT SUPERVISION REQUIRED”
  • “WARNING SHOCK HAZARD PULL PLUG BEFORE CHANGING LIGHT BULB.”

CARU has noted in past decisions that there must be a meaningful adult presence to fulfill the requirement of adult supervision. In this case, although the product packaging emphasized the need for adult supervision, the advertising did not depict such supervision. CARU recommended the advertiser modify the commercial.

CARU further determined that advertising for the oven did not adequately disclose the need to purchase a special light bulb for use in the oven.

“Although we differ with certain aspects of CARU’s conclusion, we fully respect CARU’s judgment call on the issues addressed in this matter and its efforts in this field. Our company will continue to always strive for full compliance with CARU’s Core Principles in all of our advertising,” the company said in its advertiser’s statement.

CARU's inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of National Advertising. Details of the initial inquiry, CARU's decision, and the advertiser's response will be
included in the next NAD/CARU Case Report.

About Advertising Industry Self-Regulation: The National Advertising Review Council (NARC) was formed in 1971. NARC establishes the policies and procedures for the National Advertising Division (NAD) of the Council of Better Business Bureaus, the CBBB’s Children’s Advertising Review Unit (CARU), the National Advertising Review Board (NARB) and the Electronic Retailing Self-Regulation Program (ERSP).

The NARC Board of Directors is composed of representatives of the American Advertising Federation, Inc. (AAF), American Association of Advertising Agencies, Inc., (AAAA), the Association of National Advertisers, Inc. (ANA), Council of Better Business Bureaus, Inc. (CBBB), Direct Marketing Association (DMA), Electronic Retailing Association (ERA) and Interactive Advertising Bureau (IAB). Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation.

NAD, CARU and ERSP are the investigative arms of the advertising industry’s voluntary self-regulation program. Their casework results from competitive challenges from other advertisers, and also from self-monitoring traditional and new media. NARB, the appeals body, is a peer group from which ad-hoc panels are selected to adjudicate NAD/CARU cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely by the business community; CARU is financed by the children’s advertising industry, while NAD/NARC/NARB’s primary source of funding is derived from
membership fees paid to the CBBB. ERSP’s funding is derived from membership in the Electronic Retailing Association. For more information about advertising industry self-regulation, please visit www.narcpartners.org.
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