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Good morning. One of the most recognizable ad jingles may go quiet in California, The WSJ Leadership Institute’s Katie Deighton writes for the newsletter:
The sweet, simple refrain of “one-eight-seven-seven Kars-4-Kids” has become one of the most recognizable ad jingles to air in the U.S.
It’s now banned from broadcast in California, at least unless accompanied by some new disclosures.
A judge last week prohibited the nonprofit Kars4Kids from broadcasting its jingle in the state after finding that it violated both California’s False Advertising Law and Unfair Competition Law. The decision came in response to a suit filed by Bruce Puterbaugh, a California resident who testified that he had donated a 2001 Volvo to the organization after being exposed to its advertising “over and over” but later felt “taken advantage of.”
The group’s ads led potential donors of old cars to believe that Kars4Kids would use proceeds from their gifts to benefit needy or disadvantaged children in California, Judge Gassia Apkarian of the state’s Orange County Superior Court wrote. But 60% of funds go toward an organization called Oorah, which supports Orthodox Jewish programs in New York, New Jersey and in the Middle East, the judge found.
“The evidence also shows that children, especially needy or underprivileged children, are not the recipients of the proceeds of the donations,” Apkarian wrote. Oorah funds services including “matchmaking” for young adults and gap year trips for 17 to-18-year-olds, she said.
Kars4Kids broadcast ads in California now must audibly disclose the charity’s religious affiliation, the geographic location of its primary beneficiaries and the age of those beneficiaries, according to the ruling. The group also can no longer use images of “prepubescent children to solicit donations that support individuals who have reached the age of majority.”
Kars4Kids said it will appeal.
“We believe this decision is deeply flawed, ignores the facts, and misapplies the law,” the group said in a statement. “It’s well known that we are a Jewish organization and our website makes it abundantly clear.”
Helping children often means continuing support through young adulthood, Kars4Kids added. “This holistic approach allows our programs to be more effective at sustaining lasting impact,” it said.
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