The well-known Kars4Kids advertising jingle can continue to play on California airwaves following a recent appeals court decision on Thursday.
The court ruled that the ads can remain while the appeals process unfolds, according to a Kars4Kids spokesperson.
This decision comes after Orange County Superior Court Judge Gassia Apkarian ruled on May 8 that the jingle violated California’s false advertising law. The ruling ordered Kars4Kids to cease airing the ads in their current form by June 8. The judge found that the ads misled donors by suggesting that proceeds would benefit underprivileged children broadly, while most funds supported Orthodox Jewish programs in New York, New Jersey, and the Middle East.
Kars4Kids, in a statement, called the ruling “deeply flawed” and argued that their website clearly states their Jewish affiliation. The organization expects to win on appeal, asserting that the law and facts are on their side.
The charity also faces a federal class-action lawsuit, which could have significant financial implications. Attorney Anthony Graham, representing the plaintiff, indicated potential damages between $400 million and $500 million. Legal experts suggest that Kars4Kids could face further scrutiny, possibly leading to criminal investigations if regulators become involved.
The court’s decision allows the jingle to continue playing, but the ads must include an explicit disclosure of the organization’s religious affiliation, geographic location of beneficiaries, and their actual age range.
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