Blog Posts Tagged with Children

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FTC says company didn’t have support for “organic” mattress claims

Dads and Moms want what’s best for their babies, so some companies feature adjectives like “organic” or “natural” in ads for infant gear. Those are among the terms Illinois-based Moonlight Slumber used to sell its baby mattresses online and at some of the nation’s biggest retailers. But according to an FTC complaint, when it came to backing its mattress claims with proper support, the company was asleep at the switch.

Paint settlements suggest caution with broad-brush VOC, safety claims

If marketing claims are any indication, “green” paint is popular with consumers, but not just in the sense of emerald, mint, or avocado. Companies are advertising that their paints are emission-free, VOC-free, and without chemicals that could harm consumers, including pregnant women, babies, and people with asthma. Some brands even feature seals and certifications touting purported environmental benefits.

FTC settlement with Amazon yields $70 million for consumers, advice for business

The FTC’s law enforcement action against Amazon for unauthorized billing recently settled, leaving two key takeaways: 1) Consumers are eligible for more than $70 million in refunds; and 2) Businesses need to get customers’ express consent before placing charges on their credit or debit cards.

7 quotes of note from the Amazon decision

In Amazon’s Appstore, many apps geared toward kids prompted them to use fictitious currency, like a “boatload of doughnuts” or a “can of stars,” as part of game play. But a federal district court recently agreed with the FTC that Amazon’s practice of charging cold, hard cash for those imaginary items and billing parents and account holders without their express informed consent violates Section 5 of the FTC Act.

A videogame scientifically proven to boost kids’ school performance - and other fairy tales

A chocolate cake that causes weight loss? A recliner that tones your abs while you watch TV? They’re in our pantheon of products we’d buy in a second. Here’s something to add to that list: a videogame scientifically proven to help kids focus, enhance memory, boost attention, and improve behavior and school performance. That’s what Focus Education promised in infomercials and other ads for its ifocus System Jungle Rangers videogame.

When silence isn't golden

Silence may be golden, but not for the parents of kids with speech disorders. Illinois-based NourishLife marketed two dietary supplements, Speak and Speak Smooth, advertised as the answer for kids with a broad range of speech disorders, including those associated with autism. But the FTC says the company’s claims were long on talk and short on scientific substantiation.

FTC challenges Gerber baby formula claims in court

Parents want to make the best choices for their babies’ health. But between diaper changes and 2 AM feedings, they aren’t in a position to spend much time surveying the scientific literature for ways to reduce the chance their kid will develop the allergies they suffer from. So when Gerber (also doing business as Nestle Nutrition) advertised Good Start Gentle baby formula as a way to “reduce the risk of developing allergies” – and featured a gold seal on products suggesting FDA approval – it’s understandable that parents would take note.

4 tips businesses can take from the FTC’s $19+ million Google settlement

The polar bears and penguins sold within kids’ apps offered in the Google Play Store may have been virtual, but the unauthorized charges Moms and Dads got stuck with were all too real.  A proposed FTC settlement will refund at least $19 million to parents whose accounts were charged illegally, according to the complaint, and will implement enforceable changes in how Google handles in-app purchases.  Of course, the order applies just to Google, but the case of

The final chapter in the FTC’s “Your Baby Can Read!” case

With a product name like “Your Baby Can Read!” – exclamation point in the original – it didn’t take long for consumers to figure out what the marketers were promising.  The company’s massive ad campaign featured 14-month-olds mastering vocabulary flashcards, two-year-olds reading books, and an array of charts, graphs, and studies purporting to show that Your Baby Can Read! was scientifically proven to work.

From the sports page to the front page

For some athletes and fans, September is the equivalent of the start of the sports “new year.” From the FTC’s perspective, it’s a good time to remind retailers that they need appropriate proof to support concussion protection claims for athletic mouthguards. That’s why FTC staff has sent letters to five major retailers, alerting them to concerns about what they’re promising on their websites.

Survey says: What FTC follow-up report on kids' apps means for your business

Next time you’re in a long line at the grocery store, watch how parents distract a kid who's feeling cranky.  They used to jangle keys or offer a favorite toy.  But now a lot of Moms and Dads hand them a smartphone with an app designed for children.  As the kids' app market continues to grow, FTC staff issued a report detailing survey results showing that neither app stores nor app developers were giving parents the information they need to figure out what data is being collected from their kids, how it’s shared, and who has access to it.  The report recommended that members of the app indu

Good night. Sleep tight. Be sure to get your ad claims right.

No one is going to amend the nursery rhyme, but if you market products aimed at fighting bed bugs or head lice and are itching to keep your promotions in line with the law, two FTC lawsuits merit your attention.  Even if bugs aren’t your bag, the cases are a reminder of the need to back up your claims with solid science.

Out of the mouths of babes

Tell people your baby is adorable and no doubt you have the photos to back it up.  But market a product called “Your Baby Can Read!” and you better have real proof.  According to a lawsuit filed by the FTC, ads for the “Your Baby Can Read!” program made false and deceptive claims that the product could teach infants and toddlers to read.

It's back-to-school time: Protecting kids' identities

As back-to-school time approaches, children may be thinking about meeting up with friends to share stories about their summer adventures.  But when it comes to personal information, parents and kids need to be careful about sharing too much.  These days the casual use of sensitive data (like a Social Security number on a registration form, permission slip, or health document) can lead to child identity theft, a serious crime that impacts thousands of kids each year.  Parents can take steps to protect their children from ID theft — and your business can help by sharing free FTC resources in

Sports concussion prevention claims: What marketers need to know

Whether you’re a full-pads athlete or a quarterback of the Monday morning variety, you’ve read reports about sports-related concussions.  But before marketing a product advertised to reduce the risk of those injuries, businesses should take a careful look at the FTC’s settlement with Pennsylvania-based Brain-Pad, Inc.

6(b) or not 6(b): That is the question

Does the IRS have a Form 1039?  Do drivers ever get their kicks on Route 67?  And does 3.14158 ever feel unappreciated because pi gets all the attention?

Most attorneys and business executives are familiar with Section 5 of the FTC Act, which outlaws unfair or deceptive trade practices.  But Section 6 also plays a critical role in protecting consumers.  Specifically, Section 6(b) authorizes the FTC to get information from companies — “special reports” — about certain aspects of their business.

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