Children’s Advertising

The FTC released a staff paper in September 2023 directed at businesses and social media influencers who promote products to children online. The paper includes findings from the FTC’s October 2022 workshop, “Protecting Kids From Stealth Advertising in Digital Media,” which addressed the issue of blurred advertising that makes it hard for children to distinguish advertising content from other digital content.Continue Reading FTC Staff Perspective: Preventing Blurred Advertising to Children

The Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.

The updated Guides expand or clarify guidance related to (1) who can be considered

Key Takeaways:

  • On September 15, 2022, California Governor Gavin Newsom signed into law the bipartisan California Age-Appropriate Design Code Act (CAADCA or the Act), Cal Civ. Code 1798.99.28 et seq., which goes into effect on July 1, 2024.
  • The Act places new obligations on companies with online products, services, or features that are “likely to be accessed by children” under the age of 18.
  • The Act is notable for its strict obligations applying to a broad spectrum of businesses, including those whose digital products and services are used by a significant number of minors, even if the business does not directly target children. It is also notable for applying to all minors under 18, rather than distinguishing between those under 13 and those aged 13-18.
  • A recent lawsuit brought by a technology trade group claims the Act violates free speech and is preempted by the Children’s Online Privacy Protection Act (COPPA), which sets website operator requirements for online interactions with children 13 and under, and the Communications Decency Act (CDA).
  • At least five other states are considering children’s privacy-related legislation.

Continue Reading Building Blocks – Lawmakers Are Increasingly Focused on Children’s Privacy

Another new year begun, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. We share our picks for the top five U.S. marketing law topics that deserve your attention in 2023.

Key Update:

  • The Federal Trade Commission (FTC) will host a virtual event on October 19, 2022, titled “Protecting Kids From Stealth Advertising in Digital Media.” The FTC is also seeking public feedback on how digital advertising and marketing affect children.
  • The Children’s Advertising Review Unit (CARU) of BBB National Programs issued a compliance warning reminding advertisers that the Self-Regulatory Guidelines for Children’s Advertising (Advertising Guidelines) apply to advertising directed to children in the metaverse.
  • Brands should be aware of this increased scrutiny by the FTC and CARU when engaging in advertising to children in digital media.

Continue Reading FTC and CARU Target Advertising to Children in the Digital Age

The new Self-Regulatory Guidelines for Children’s Advertising (the Guidelines) issued by the Children’s Advertising Review Unit (CARU) went into effect on January 1, 2022. The Guidelines apply to advertising that is primarily directed at children under the age of 13 in any medium. CARU will monitor child-directed advertising and media for compliance with the Guidelines

Key Takeaways:

  • The Children’s Advertising Review Unit has released new guidelines for children’s advertising, moving beyond traditional TV advertising, to address a broader range of digital advertising issues.
  • The updated Guidelines go into effect on January 1, 2022 and apply to advertising that is primarily directed to children under age 13 in any medium or content.

Continue Reading CARU Updates Children’s Advertising Guidelines