In the eighteen months since the introduction of CARU's informal inquiry procedure,
61 of the 104 inquiries (roughly 60%) have dealt with product performance of toys.
One of the major reasons for these inquiries has been the various enhancement techniques
that have become available to advertisers over the past decade.
There's always been enhancement used in children's advertising - speed, intensity
of light, sound, etc. - but it had become a greater problem now that computer chips,
etc. make it possible for toys to produce those effects. In the past it was always
fairly clear that this was fantasy because children knew that toys didn't speak,
move by themselves, etc. Now, when some figures actually do "speak" clearly, and
some toys do emit strong flashing lights or realistic sounds, it becomes more difficult
to distinguish what is real and what is enhanced.
What we are seeing, in our informal inquiry procedure, is that most of the toys
do perform as represented in their commercial spots, but there are inevitably some
ads which exploit the available technology (such as computer graphics) to present
a greatly exaggerated picture of the toy's capabilities.
The relevant Guidelines to this issue state:
"Copy, sound and visual presentations should not mislead children about product
or performance characteristics. Such characteristics may include, but are not limited
to, size, speed, method of operation, color, sound, durability and nutritional benefits."
"Care should be taken not to exploit a young child's imagination. Fantasy, including
animation, is appropriate for younger as well as older children. However, it should
not create unattainable performance expectations nor exploit the younger child's
difficulty in distinguishing between the real and the fanciful."
"The performance and use of a product should be demonstrated in a way that can be
duplicated by the child for whom the product is intended."
For example, some of our inquiries have involved advertising in which figures or
dolls are depicted producing realistic speech or sound effects. While we monitor
these ads closely, and often send for product, it has become apparent that in almost
all instances the toys do perform as represented and, provided that the method of
operation is clear, the advertising fully complies with our Guidelines in this regard.
Another relatively new technology which has spawned a number of product lines is
that of temperature sensitive color change. As with the dolls and figures with sound
capabilities, we have monitored these closely and have examined color changing hair,
clothes, figures, playsets and more. In all instances the method of operation was
clearly shown, the need for warm and icy water clearly disclosed, and the advertising
found to comply with our Guidelines.
Despite the generally high level of compliance and accurate representation of products
cited above, there have been some instances, usually associated with elaborate play
settings, where enhancement techniques have produced misleading and unrealistic
performance expectations. These have shown up as "smoking wheels" on racing cars,
amplified lights and sound effects which, given the available technology, could
well be produced by the toys being advertised but turned out not to be when the
products were tested.
It is precisely the sophistication of available production techniques and the possibility
for deceptive enhancement which makes CARU's informal procedure, with its frequent
calls for product and advertising, so critical to the effective monitoring of children's
toy advertising. Without examining the toys it is no longer possible to distinguish
between accurate representations and deceptive enhancement.
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