December 5, 2021

Volume XI, Number 339

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December 03, 2021

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December 02, 2021

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Children’s Advertising Review Unit Issues Revised Guidelines for Advertising to Children

The Children’s Advertising Review Unit (“CARU”), a part of BBB National Programs (“BBBNP”), released its revised Children’s Advertising Guidelines earlier this month. These new Guidelines will go into effect in January 2022 and contain some notable changes.

CARU’s Guidelines, which previously covered advertisements addressed to children ages 12 and under, now will cover children ages 13 and under. This change is intended to align with the Children’s Online Privacy Protection Rule (“COPPA”) and promote uniformity in children’s advertising. CARU also separated its advertising and privacy guidance documents.

Recognizing that advertising to children is gaining popularity on websites and apps, CARU adopted guidance for in-app and in-game advertising and purchases. CARU advises advertisers to “not use unfair, deceptive, or other manipulative tactics” aimed at pressuring children to view ads or make purchases or to unknowingly engage with advertising. CARU emphasized the need for transparency and will recommend that exit mechanisms from in-app or in-game advertisements be clearly labeled and easy to find.

CARU also updated its guidance on influencer marketing to children to reflect this growing trend. The Guidelines make clear that any marketing featuring influencers should include obvious disclosures of their material connections to the brands they are endorsing. These disclosures must explain, in language that children can understand, that the influencer is receiving compensation or free products in exchange for the promotion. CARU advises that a best practice is to make both audio and visual disclosures and repeat the disclosures in video content to ensure that children hear and understand the message. The Guidelines also advise that advertisers should be especially transparent when advertising to children in a manner where it may be difficult for a child to distinguish between advertising and non-advertising content (e.g., “native advertising”).

Finally, the new Guidelines contain a provision directing advertisers to “promote positive change by reflecting the diversity of humanity and providing an inclusive space where all can feel valued and respected.” CARU extends this provision to “all races, religions, cultures, genders, sexual orientations, and physical and cognitive abilities.” The new Guidelines also go a step further, requiring advertisers not to use any advertising that portrays or encourages negative social stereotyping, prejudice, or discrimination.

The past few years have brought big changes to the BBB National Programs – from its restructuring in 2019 to the expansion of its privacy portfolio to the recent addition of key senior enforcers from the Federal Trade Commission at BBBNP, CARU, and the NAD, and now, the shoring up of guidelines for children’s advertising. These changes are likely to result in enhanced scrutiny of advertising and enhanced enforcement activity by the various programs under BBBNP’s umbrella. In the case of children’s advertising, advertisers should carefully review their marketing plans and strategies to ensure compliance with the existing and new CARU Guidelines.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 232
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About this Author

Phyllis H. Marcus Partner Consumer Products Food Industry Retail Practices
Partner

With 17 years of experience at the FTC, Phyllis brings a unique advertising and children’s privacy vantage point to our clients.

Phyllis heads the firm’s advertising counseling practice, and focuses on all aspects of advertising, from the initial development of a claim to its ultimate defense in the marketplace. Phyllis’s practice includes claim creation and substantiation, pre-acquisition due diligence, dissemination in traditional and digital media, and both offensive and defensive competitor challenges. She also counsels clients on the intricacies of compliance with the Children’...

202-955-1810
Emma Hutchison Corporate Cosmetic Litigation Attorney Hunton Andrews Kurth
Associate

Emma’s practice focuses on complex litigation and client counseling. She solves clients’ problems with creative, efficient solutions.

A member of the firm’s litigation group, Emma leverages her experience in discovery, motions practice, and multidistrict litigation to advise clients in developing litigation strategy and to provide compliance counseling. She represents clients across a diverse field of industries including agriculture, cosmetics, nonprofits, and professional sports.

Emma previously interned for the...

202-419-2060
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