New York, NY - November 8, 2004. The Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc., the children's advertising industry's self-regulatory forum, is pleased to announce that Masterfoods, Inc. (Masterfoods), has agreed to refrain from creating a sense of urgency by telling children that products are available "for a limited time" or similar phrases. A print advertisement for M&M's® Minis™ (M&M Minis) in Shrek Colors was challenged by the Center for Science in the Public Interest (CSPI), a nutrition advocacy organization. The advertisement appeared in the May 2004 issue of National Geographic Kids (NGK). Below a picture of the packaging, were the following words,

For a limited time, specially marked tubes contain either pretty or swampy MINIS. What will you find in your tube?

CARU's Self-Regulatory Guidelines for Children's Advertising (the Guidelines), in the section entitled "Sales Pressure," state,

Advertising directed to children should not create a sense of urgency or exclusivity, for example by using words like "now" and "only."

CSPI argued that children would believe they must rush out to buy the product, in violation of the CARU's Self-Regulatory Guidelines for Children's Advertising (the Guidelines). CARU concurred.

The challenger also argued that the placement of the advertisement in an issue of NGK that contained an article on the Shrek movie also violated the Guidelines by confusing children about the difference between advertising and editorial content. CARU found, however, that because Masterfoods had no knowledge that the issue of NGK in which the advertisement was placed was going to contain an article on the movie, it was not responsible for the violation.

Masterfoods noted that it is a long-time member and supporter of CARU and has worked cooperatively with CARU for many years. "We are pleased that CARU has determined that Masterfoods had no knowledge of the publisher's plan to include related content in its publication …" and that it accepts CARU's decision on use of the phrase "limited time only" in the context of this particular advertisement.

CARU's inquiry was conducted under NAD/NARB/CARU Procedures for Voluntary Self-Regulation of National Advertising and resolved within 60 business days. Details of the inquiry, CARU's decision and the advertiser's response will be included in the next NAD/CARU Case Report. Members of the press who wish to see a copy of the decision now should email CARU at elascoutx@caru.bbb.org.

######

The National Advertising Review Council (NARC) was formed in 1971 by the Association of National Advertisers, Inc. (ANA), the American Association of Advertising Agencies, Inc. (AAAA), the American Advertising Federation, Inc. (AAF), and the Council of Better Business Bureaus, Inc. (CBBB). Its purpose is to foster truth and accuracy in national advertising through voluntary self-regulation. NARC is the body that establishes the policies and procedures for the CBBB's National Advertising Division (NAD), the Children's Advertising Review Unit (CARU), and the National Advertising Review Board (NARB).

NAD and CARU are the investigative arms of the advertising industry's voluntary self-regulation program. Their casework results from competitive challenges from other advertisers, and also from self-monitoring traditional and new media, including the Internet. The National Advertising Review Board (NARB), the appeals body, is a peer group from which ad-hoc panels are selected to adjudicate those cases that are not resolved at the NAD/CARU level. This unique, self-regulatory system is funded entirely by the business community; CARU is financed by the children's advertising industry, while NAD/NARB's sole source of funding is derived from membership fees paid to the Council of Better Business Bureaus.