California court bans Kars4Kids jingle over false advertising

A California Superior Court judge has permanently banned Kars4Kids from broadcasting its signature jingle in the state unless the organization includes explicit disclosures about its religious affiliation and beneficiary details.

Judge Apkarian of Orange County Superior Court issued the final order on May 8, finding that Kars4Kids violated California's False Advertising Law and Unfair Competition Law through its "1-877-Kars4Kids" jingle. The ruling followed a full trial in the case Puterbaugh v. Oorah, Inc. and Kars4Kids, brought by Bruce Puterbaugh, a California cabinet maker in his 70s, represented by Protectus Law and Graham & Associates LLP.

Puterbaugh donated a vehicle in 2021 after hearing the jingle repeatedly, believing the charity broadly benefited underprivileged children across the United States, including California. The advertisements made no mention of geographic or religious limitations, according to court filings.

The Court found that Kars4Kids engaged in an "actionable strategy of deception" by omitting material facts from donors. Evidence presented at trial showed that 60 percent of funds go to Oorah, which supports Orthodox Jewish programs primarily in New York, New Jersey, and the Middle East. Under cross-examination, Kars4Kids' chief operating officer acknowledged the organization's primary purpose is to help "Jewish kids and families throughout their lives."

The Court also noted that funds supported programs beyond child welfare, including adult and family services such as matchmaking, "gap year" trips for 17- and 18-year-olds, and a $16.5 million real estate acquisition in Israel. These uses contradicted the "needy child" image cultivated by the advertising campaign.

Judge Apkarian rejected Kars4Kids' First Amendment defense, holding that fraudulent omissions receive no constitutional protection. The Court also dismissed the organization's argument that consumers should independently research charities online before donating, ruling that deception occurs at the moment donors respond to the broadcast solicitation.

Under the permanent injunction, Kars4Kids may continue broadcasting its jingle in California only if future advertisements include an express, audible disclosure of its religious affiliation, the geographic location of its beneficiaries, and their actual age range.

Neal Roberts of Protectus Law stated that the ruling "reinforces a fundamental principle: charitable organizations cannot mislead the public to create one impression while concealing material facts from the donating public." Lead trial counsel Anthony G. Graham added that "donors deserve transparency and honesty about where their contributions are actually going."

A separate federal class action is pending in San Francisco seeking restitution for donors nationwide.