The persistent “1-877-Kars-for-Kids” radio and television jingle will remain on the airwaves in California for the time being. An appeals court ruled Thursday that the advertisements may continue to broadcast while the organization challenges a lower court’s decision that previously deemed the ads misleading under state law.
Why the legal battle is unfolding
The controversy centers on whether the nonprofit’s advertising complies with California’s false advertising and unfair competition laws. Last month, Orange County Superior Court Judge Gassia Apkarian ruled that the ads were misleading by omission, specifically regarding how vehicle donations are used. The lawsuit argues that the commercials feature children dancing and singing, even though some proceeds support programs for older teens, such as trips to Israel, rather than local, needy children as some donors might expect.
What happens next in the appeals process
With the appeals court ruling, the organization is permitted to keep its ads running while the case moves forward. A spokesperson for the group stated they intend to pursue a broad appeal of the lower court’s decision, maintaining that the findings were “deeply flawed.” Meanwhile, legal representatives for the plaintiff, including Neal Roberts, have indicated that they expect the appeals process to continue but remain confident that the ultimate ruling will lead to the jingle being taken off the air in California.
Frequently Asked Questions
Why was the jingle initially banned in California?
Orange County Superior Court Judge Gassia Apkarian ruled that the ads violated state false advertising laws by failing to disclose how donated property is actually used.
What is the basis of the original 2021 lawsuit?
The plaintiff, Bruce Puterbaugh, argued that the ads were misleading because they implied donations helped local children, while funds were directed toward other programs, including trips to Israel for older teens.
Can the organization continue to air its ads now?
Yes, an appeals court ruled Thursday that the ads can remain on the air while the legal appeal process plays out.
How much weight should donors place on the specific messaging of a charity’s advertising versus its broader mission statement?
