Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 41 Here are some specific best practices related to children’s advertising: • If the product or activity shown in the ad typically requires parental supervision, show adults actively monitoring the scene. • If there is a product shot, make it clear what comes with the initial purchase and what must be purchased separately. • If children are shown using the product or engaged in physical activity, show them wearing all necessary safety equipment and playing responsibly. • Depict product use realistically and avoid suggesting the product will make a child more popular or stronger. • If food products are shown, depict reasonable portions to encourage a healthy lifestyle. • If disclaimers are necessary, give them both in writing and orally. • When directing children to a phone number or website, always state they should get their parents’ permission before calling or going online. • When advertising a sweepstakes, contest, or similar promotion, make clear the free means of entry and that “many will enter, few will win.” • If offering a free product, the advertisement should focus on the product rather than the giveaway. • Avoid calls to action, such as “act fast, buy now” or “ask your parents to call now,” that could be viewed as overly aggressive for a child audience. • Before collecting data from a child under the age of 13 (16 in California and the European Union), follow the procedures for parental notification and consent in COPPA (and/or the CCPA or GDPR, as applicable). • Ads, apps, and games using in-app purchases must not use unfair, deceptive, or manipulative tactics or social pressure; any methods provided to dismiss or exit an ad must be clear and conspicuous. If in-app or in-ad purchases are offered, it must be clear that the purchase involves real currency. • Advertising should be respectful of human dignity and diversity and should not portray or encourage negative social stereotyping, prejudice, or discrimination. • Advertising should not frighten or provoke anxiety in children or portray or encourage behavior inappropriate for children (e.g., violence or sexuality), or knowingly link to inappropriate content.