The infamously catchy jingle of Kars4Kids will no longer be heard on California airwaves after a judge declared the advertisement ‘misleading and deceptive.’
On May 8, Orange County Superior Court Judge Gassia Apkarian issued a ban on the ad, citing its manipulative nature.
The jingle, known for its memorable chorus sung by children, urged viewers to ‘donate your car today’ by calling the organization’s number.
Judge Apkarian criticized the 30-second spot for its ‘extreme repetition’ and lack of ‘substantive facts,’ leading to its removal.
As reported by the New York Times, the civil trial revealed that the campaign failed to primarily benefit ‘children, especially those in need or underprivileged,’ as implied.
Fox11 noted that the ruling highlighted the jingle’s omission of the fact that over 60 percent of donations were directed to Oorah, Inc, rather than directly assisting children.
The New Jersey-based Orthodox Jewish non-profit allegedly funds trips to Israel for 17 and 18-year-olds and offers additional programming for their families.
According to SFGate, Kars4Kids testified in court that its ‘primary function’ was to help fund Oorah.
Kars4Kids was banned from playing their infectious 30 second advertisement in California following a controversial ruling
According to the ruling, the advertisement used ‘extreme repetition, while simultaneously stripping it of all substantive facts’
California resident Bruce Puterbaugh brought the issue to court after donating his car under the guise that the profits would go to underprivileged children in his state.
Instead, his $250 donation went to Oorah, along with $45 million of Kars4Kids’ annual profits, court documents alleged.
Court documents noted that California donations accounted for approximately 25 percent of Kars4Kids’ national vehicle intake.
However, the only program the charity ran in the state was a backpack giveaway to individuals of a socio-economic status referred to as a ‘branding exercise,’ the ruling found.
Kars4Kids was ordered to pay Puterbaugh back for his $250 donation.
Now, the charity has 30 days from the ruling date to scrub its commercial from California radio and television.
Any revised version of the advertisement that is aired in the future must contain ‘an express, audible disclosure of its religious affiliation and the geographic location of its primary beneficiaries and the age of the beneficiaries, specifying whether they aim for children or families, or both,’ per the ruling.
Orange County Superior Court Judge Gassia Apkarian said the ad created ‘an unfair playing field’
Additionally, the organization can no longer feature young children in advertisements aired in California.
Kars4Kids has criticized the ruling as ‘deeply flawed, ignores the facts, and misapplies the law’ in a statement to the Daily Mail.
‘For 30 years, we’ve made it easy to donate an old car to benefit kids and families across the country through our sister charity Oorah,’ it said.
‘We’re helping thousands of kids with youth development, mentoring and educational programs, including hundreds in the state of California, contrary to the judge’s complete mischaracterization of our work and of the testimony at trial.
‘Like many youth-serving organizations, helping children often means engaging parents and families as well, and continuing support through young adulthood. This holistic approach allows our programs to be more effective at sustaining lasting impact.
‘Our ads appeal to people with a car to dispose, offering a quick and easy way to give it to charity instead of the junkyard.
‘We believe this case was nothing more than a lawyer-driven attempt to siphon off charitable funds for their own gain. We expect to win on appeal because the law and the facts are clearly on our side.’
Kars4Kids website claimed that any vehicle or monetary donations supported ‘youth and educational programs of national nonprofit Kars4Kids and our sister charity Oorah Inc.’
In the ruling, Kars4Kids was banned from including young children in any new advertisements
Apkarian’s ruling was based on a California law banning false advertising.
‘The public interest is served by transparency in the “charity marketplace,”‘ Apkarian said of her decision.
‘When a charity generates millions annually through a “jingle” that conceals its primary religious and geographic focus, it creates an unfair playing field for local California charities that are honest about their missions.’
The Daily Mail contacted Oorah Inc and the Orange County Superior Court for more information.
