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Areas of Interest
May 9th, 2011
Marketing of Violent Entertainment to Children
The Federal Trade Commission ("FTC") recently released the results of an undercover shopper survey regarding retailers’ enforcement of entertainment ratings aimed at protecting children. Teenagers hired by the FTC visited national and regional chains in the United States and attempted to buy R-rated movie tickets, R-rated movie DVDs, unrated DVDs of movies that were R-rated when first released in theaters, music CDs carrying a Parental Advisory Label (PAL), and video games rated "M." The survey revealed that music CD retailers were least compliant in enforcing entertainment ratings. Continuing a trend from the FTC's last public survey and report in 2009, video game retailers remained the strongest enforcers of the ratings.
While the FTC's shopper survey shows statistical improvement in enforcement by retailers compared to prior years, the director of the FTC Bureau of Consumer Protection said that there is still room for progress. The FTC has called upon the entertainment industry to be more vigilant in its marketing of materials intended for mature audiences, including clearly and prominently disclosing rating information, since its first report to Congress on this subject in 2000.
Read full FTC press release - "FTC Undercover Shopper Survey on Enforcement of Entertainment Ratings Finds Compliance Worst for Retailers of Music CDs and the Highest Among Video Game Sellers".
Read FTC's report in 2009 - "Marketing Violent Entertainment to Children: A Sixth Follow-Up Review of Industry Practices in the Motion Picture, Music Recording & Electronic Game Industries".
If you have any questions about the FTC's secret shopper survey, please contact Claudine Wilson at (212) 705 4842 or cwilson@fkks.com, Jeffrey A. Greenbaum at (212) 826-5525 or jgreenbaum@fkks.com, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
