A California judge has banned the famously catchy Kars4Kids jingle from airing in the state, ruling that the advertisement was deceptive and misleading. The 30-second earworm, which encourages listeners to donate their cars by singing the organization's phone number, was ordered off the airwaves on May 8 by Orange County Superior Court Judge Gassia Apkarian.
Ruling Details
Judge Apkarian found that the commercial used extreme repetition while stripping it of all substantive facts, creating an unfair playing field for local charities. The ruling stated that the ad failed to disclose that more than 60 percent of donations go to Oorah Inc., a New Jersey-based Orthodox Jewish nonprofit that funds trips to Israel for 17- and 18-year-olds and provides programming for their families.
According to the New York Times, the civil trial revealed that children, especially needy or underprivileged children, were not the primary beneficiaries of the donated cars. Court documents alleged that Kars4Kids' primary function was to fund Oorah, with $45 million of annual profits directed there.
Plaintiff's Case
California resident Bruce Puterbaugh brought the issue to court after donating his car under the belief that profits would go to underprivileged children in his state. Instead, his $250 donation went to Oorah. Court documents noted that California donations account for about 25 percent of Kars4Kids' national vehicle intake, yet the only program run in the state was a backpack giveaway described as a branding exercise.
Puterbaugh was awarded $250 in restitution. The charity now has 30 days to remove its commercial from California radio and television.
Future Advertisements
Any revised version of the advertisement aired in California must include an express, audible disclosure of the charity's religious affiliation, the geographic location of primary beneficiaries, and the age of beneficiaries, specifying whether they aim for children, families, or both. Additionally, the organization can no longer feature young children in ads broadcast in California.
Kars4Kids Response
Kars4Kids criticized the ruling as deeply flawed, ignoring the facts and misapplying the law. In a statement, the organization said it has made it easy for 30 years to donate cars to benefit kids and families through its sister charity Oorah. The charity argued that helping children often involves engaging parents and families and continuing support through young adulthood, making programs more effective. It called the case a lawyer-driven attempt to siphon charitable funds and expressed confidence in winning on appeal.
The ruling was based on a California law banning false advertising. Judge Apkarian emphasized that the public interest is served by transparency in the charity marketplace, and that concealing a charity's primary religious and geographic focus creates an unfair playing field for honest local charities.
