A California appeals court ruled on Wednesday that Kars4Kids commercials can continue airing in the state while the charity appeals a lower court's decision that found the ads violated false advertising laws. The ruling temporarily reinstates the ads after a brief hiatus.
Background of the Case
Last month, Orange County Superior Court Judge Gassia Apkarian ordered the ads pulled from California airwaves, ruling that they misled donors by suggesting proceeds would benefit underprivileged children broadly. In reality, most funds supported Orthodox Jewish programs in New York, New Jersey, and the Middle East.
The decision stemmed from a civil lawsuit filed by Bruce Puterbaugh, a California retiree who donated his non-working 2001 Volvo XC after hearing the Kars4Kids jingle "over and over," according to court documents.
The Infamous Jingle
The commercial features children singing the charity's name and phone number: "1-877-Kars4Kids / K-A-R-S Kars for Kids / 1-877-Kars4Kids / Donate your car today." The catchy tune has been described as an earworm by many viewers.
Kars4Kids Response
Kars4Kids spokesperson Wendy Kirwan called the lower court ruling "deeply flawed" and welcomed the appeals court decision. "Kars4Kids applauds this court ruling allowing its ads to continue airing in California while the appeals process continues," she said in a statement.
Kirwan emphasized that the charity's website clearly states its Jewish affiliation and that "Kars4Kids' programs benefit a wide array of children and teenagers in California and beyond." She added that uninterrupted ad airing will enable the charity to continue funding its programs.
Additional Legal Challenges
Kars4Kids faces other lawsuits that could have significant financial implications. Junk for Joy, a Texas-based affiliate, has not distributed any of its millions of dollars to charity since 2020, according to tax records obtained by Asbury Park Press. The organization is listed as a nonprofit based in Plano, Texas, aiming to "turn unused cars into funds for a good cause."
In San Francisco, a class-action lawsuit filed last November accuses Kars4Kids of misleading ads, mail and wire fraud, and racketeering. The suit claims the organization used "a scheme to deceive unwitting donors into donating their vehicles for undisclosed and misrepresented purposes," resulting in significantly more vehicle donations.
The complaint, filed in U.S. Federal Court on behalf of two San Francisco car donors, also references the ad's "annoying" jingle, asserting it has "plagued the nation."
Kars4Kids remains defiant. Kirwan stated, "We believe the lower court's findings on the facts and the law were deeply flawed, and we look forward to pursuing a broad appeal of that decision."
