A California judge has ordered the iconic Kars4Kids jingle off the airwaves, ruling that the charity's advertisements constitute false advertising. The decision, handed down last week by the Orange County Superior Court, requires the organization to cease broadcasting its current ads in the state and pay restitution to a plaintiff who donated a car under false pretenses.
The Case and Ruling
The lawsuit was filed in 2021 by Bruce Puterbaugh, who donated a nonfunctional 2001 Volvo XC valued at $250 to Kars4Kids. He believed the charity supported underprivileged children across the United States, as implied by the ads. However, court documents revealed that Kars4Kids funnels approximately $45 million annually to Oorah, a Jewish nonprofit based in the tri-state area. Oorah operates summer camps and organizes gap-year trips to Israel for teenagers aged 17 and 18. Additionally, Oorah used $16.5 million from Kars4Kids to purchase a building in Israel to expand its presence there.
Puterbaugh testified, "I feel taken advantage of by the ad and information that was not there." The court ordered Kars4Kids to pay $250 in restitution and gave the charity 30 days to "cease all non-compliant broadcasting in California."
Misleading Fundraising Practices
Esti Landau, the organization's chief operating officer, acknowledged in court testimony that the well-known jingle does not mention the Jewish community or the charity's religious and geographic focus. Of the 120,000 cars donated nationwide, approximately 30,000 originated in California, according to court documents. It remains unclear over what time period those donations occurred.
The court stated in its ruling: "Money cannot 'un-donate' a car or restore the donor's belief that they were helping a local, needy child. When a charity generates millions annually through a 'jingle' that conceals its primary religious and geographic focus, it creates an unfair playing field for local California charities that are honest about their missions."
Implications for Future Advertising
Any future advertisements by Kars4Kids in California must disclose its religious affiliation and geographic location. Additionally, the ads cannot include images of prepubescent children, as several of Oorah's programs support young adults rather than young children.
The ruling marks a significant step in addressing deceptive charity advertising and protecting donors from misleading fundraising tactics. Kars4Kids has faced litigation and state government investigations for its practices over the nearly two decades the jingle has been on air.
