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Deceptive advertising practices are those that are likely to mislead the consumer through false claims, misleading information, or inadequate disclosures. Although children have the potential to make and influence purchases, they lack developmental skills to fully comprehend and appreciate advertising practices. As a result, they may be misled by advertising practices that do not take into account their limited competencies. Research has examined the nature of various deceptive practices, and self-regulatory and public policies have been developed to redress these practices.

Public Policy and the Federal Communication Commission (FCC)

Acting in its role as trustee of the public interest, the Federal Communication Commission (FCC) has established public policy regarding children's advertising. These policies regulate advertising during children's programs in two areas: (1) limiting the amount of time allowed for advertising during children's programs, and (2) creating a clear separation between advertising content and programming content. This clear separation principle attempts to address the limited abilities of children to distinguish program from commercial content and encompasses three areas of potentially deceptive practice: separators or bumpers, host selling, and program-length commercials.

Separators or Bumpers

One component of the clear separation principle is the use of short video segments shown before and after commercial breaks to indicate a change between program content and commercial content. Known as bumpers in the industry, these short segments usually include such phrasing as “We'll be right back!” Research on the effectiveness of this practice is very limited. The two studies that have been done (in the late 1970s) indicate that the use of bumpers does not appear to be effective for children under the age of 7. Response time to recognize a commercial may be closer tied to children's ability to distinguish an ad from a program rather than to the bumper signaling a change.

Host Selling

A second component involves the potentially deceptive practice of using children's program characters to promote products either during the program or in commercial blocks adjacent to the program. Research indicates that, although this practice was prevalent in the early 1950s, it declined over the next 10 years and was banned by the FCC in the 1970s.

Program-Length Commercials

Originally conceived as a program with the principal purpose of promoting products (particularly toys) to children, this content has changed to more closely resemble that of host selling. Research suggests that toy-based programming began in the 1980s with arrangements between toy companies and television producers to develop programming content that would promote toys and ancillary products, such as Strawberry Shortcake and He-Man and the Masters of the Universe. Since the passage of the Children's Television Act in 1990, the FCC has defined the programlength commercial as a commercial promoting a product that is also connected to the main program content. For example, showing a traditional commercial promoting Dora's playhouse during an episode of Dora the Explorer would be considered a violation of the new definition of a program-length commercial.

Self-Regulation and the Children's Advertising Review Unit (CARU)

In 1974, in response to concerns about children and advertising, the advertising industry created a self-regulatory program, the Children's Advertising Review Unit (CARU), to monitor deceptive practices and provide guidelines for responsible advertising to children under the age of 12. These guidelines encourage advertisers to take into consideration the development of the child in order to provide appropriate information and avoid misleading the child. Among numerous suggestions, the guidelines offer procedures for providing disclaimers and disclosures and for use of premiums.

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