California Judge Orders Kars4Kids to Revise or Remove Ads
A California judge has mandated that Kars4Kids either cease airing its advertisements or significantly revise them to include explicit disclosures about the charity’s affiliations. The ruling, handed down by Judge Gassia Apkarian of the Orange County Superior Court, found that the long-standing and widely recognized jingle employed by Kars4Kids violates California’s statutes against unfair competition and false advertising. The core of the ruling centers on the advertisement’s failure to disclose that the majority of proceeds from car donations benefit Oorah, an Orthodox Jewish nonprofit based in New Jersey.
The legal challenge was initiated in 2021 by California resident Bruce Puterbaugh, who sued Oorah, the parent organization. According to the judge’s order, Puterbaugh testified that he donated a 2001 Volvo station wagon after repeatedly hearing the Kars4Kids advertisement “over and over.” He stated his belief that the funds generated would directly support children in need within California. Puterbaugh, who described himself as not being technologically adept and in his 70s, claimed he never accessed the charity’s website. He asserted that he only became aware of the true destination of his donation through a conversation with his neighbor after the vehicle had been collected. According to the judge’s order, Puterbaugh testified that he donated a 2001 Volvo station wagon after hearing the Kars4Kids advertisement “over and over,” believing the money would benefit California kids in need. Puterbaugh, a self-described “not a computer person” in his 70s, said he never visited the charity’s website and only learned the truth from a casual conversation with his Lake County neighbor after the car was picked up. “He testified that he felt ‘taken advantage of’ upon discovering — only after the donation — that the funds did not stay in California but supported a specific religious mission in the Northeast,” Apkarian wrote.
The neighbor, Neal Roberts, who is an attorney, subsequently represented Puterbaugh in the legal action. Roberts told NPR that the Kars4Kids ad, a fixture on the radio since the early 2000s and on television since 2014, is highly recognizable throughout California. Roberts told NPR that the ad — which has aired on the radio since the turn of the millennium and on TV since 2014 — is ubiquitous in California. He noted, however, that Judge Apkarian does not watch television and had not encountered the jingle until it was played during the four-day trial in November. But he said Apkarian, the judge in the case, doesn’t watch TV and hadn’t heard the jingle until it was played at the four-day trial in November. Roberts recounted with amusement that after the judge heard the jingle for the second time, the court’s directive was to cease playing it, which he felt offered a positive indication for their case. “She heard it the first time, and then she heard it the second time, and then the rule in the court was, ‘Do not play that jingle again,'” he said with a laugh. “So I thought that gave us some idea that we might have a chance.”
Charity Operations and Disclosure Mandates
According to the judge’s order, Esti Landau, the Chief Operating Officer of Kars4Kids, confirmed during the trial that the charity’s primary mission is not to assist economically disadvantaged children in general, but rather to support “Jewish kids and families throughout their lives.” According to the judge’s order, Kars4Kids’ Chief Operating Officer Esti Landau confirmed at trial that the charity’s primary function is not helping economically disadvantaged children but “Jewish kids and families throughout their lives.” She stated that the charity has “no functional programs in California beyond a ‘backpack giveaway’ characterized as a branding exercise,” the judge wrote. Landau testified that in 2022, Oorah transferred $16,500,000 to North Africa and the Middle East and allocated $16.5 million for the purchase of a building in Israel. She confirmed on the stand that in 2022 — among other expenditures — Oorah transferred $16,500,000 to North Africa and the Middle East, and spent $16.5 million to purchase a building in Israel. She further stated that while the Kars4Kids advertisement features children aged 8 to 10, the programs funded by Oorah frequently target young adults between the ages of 17 and 18, as well as focusing on matchmaking and supporting Jewish families. She testified that while the Kars4Kids ad features kids ages 8 to 10, the programs Oorah funds “often target young adults (17-18) and matchmaking as well as Jewish families.” Landau conceded under questioning that a potential donor would need to visit the charity’s website to obtain this detailed information. And she conceded that a donor would “have to go to the website” for that information.
The judge’s order specified that the charity has “no functional programs in California beyond a ‘backpack giveaway’ characterized as a branding exercise,” as noted by the judge. This statement from the judge’s order highlights a perceived lack of direct, substantial programming within California by the charity, beyond promotional activities. She said the charity has “no functional programs in California beyond a ‘backpack giveaway’ characterized as a branding exercise,” the judge wrote.
Neither Kars4Kids nor Oorah responded to NPR’s requests for comment. But in a lengthy statement on its website, Kars4Kids said the judge mischaracterized its work and its testimony at trial. But in a lengthy statement on its website, Kars4Kids said the judge mischaracterized its work and its testimony at trial. The charity contended that its advertisements serve a singular purpose: to inform vehicle owners about a convenient method for disposing of unused cars, rather than specifically targeting individuals considering charitable donations. “Kars4Kids’ ads have one purpose: to remind listeners that Kars4Kids offers a quick and easy way to dispose of an unused vehicle,” it wrote. “The ads are targeted to vehicle owners, not specifically to people considering donating to charity.” Kars4Kids emphasized that its mission and religious affiliation are clearly communicated on its website, and that “helping children often means engaging parents and families as well.” The charity said “helping children often means engaging parents and families as well,” and stressed that its mission and religious affiliation are prominently stated on its website.
Despite Kars4Kids’ defense, Judge Apkarian ultimately ruled in favor of Puterbaugh. But the judge ultimately sided with Puterbaugh, writing that “a reasonable consumer is not required to be ‘computer savvy.'” The judge wrote that “a reasonable consumer is not required to be ‘computer savvy.'” She granted the charity 30 days to cease airing the advertisement in California unless it was modified to include an audible disclosure of its religious affiliation, the geographic location of its primary beneficiaries, and the age range of those beneficiaries. She gave the charity 30 days to stop airing the ad in California unless it is updated to include an “audible disclosure of its religious affiliation and the geographic location of its primary beneficiaries and the age of the beneficiaries.” Additionally, the judge ordered the charity to pay Puterbaugh $250, representing the value of the car he donated, acknowledging that financial compensation could not fully rectify the donor’s belief that he was supporting a local, needy child. The judge also ordered the charity to pay Puterbaugh $250, the value of the car he donated, though acknowledged that “money cannot ‘un-donate’ a car or restore the donor’s belief that they were helping a local, needy child.”
Kars4Kids has announced its intention to appeal the ruling, characterizing it on its website as “deeply flawed, ignores and misrepresents the facts that were presented at trial, and misapplies the law.” Kars4Kids says on its website that it plans to appeal the ruling, which it said is “deeply flawed, ignores and misrepresents the facts that were presented at trial, and misapplies the law.” The charity also alleged that the lawsuit constituted “a lawyer-driven attempt to siphon off charitable funds for their own gain.” The charity also called the case as “a lawyer-driven attempt to siphon off charitable funds for their own gain.” Roberts dismissed this accusation, stating that the only financial recovery his client sought was the $250 for the car and associated legal fees. Roberts dismissed that accusation, saying the only money his client stands to gain is the $250 for the car and lawyers’ fees. He suggested that the more significant outcome of the case is the precedent it sets, potentially alerting Kars4Kids and other charities nationwide to the legal ramifications of deceptive advertising practices. The bigger win, he said, is putting Kar4Kids — and potentially other charities nationwide — on notice about the consequences of false advertising.
“I think anyone who knows the facts would think that there was wool being pulled over people’s eyes,” Roberts remarked, underscoring his perspective on the perceived lack of transparency in the charity’s marketing. “I think anyone who knows the facts would think that there was wool being pulled over people’s eyes,” Roberts said.
Nostalgic Jingles and Their Enduring Impact
The Kars4Kids case brings to mind other memorable advertising jingles that have become ingrained in popular culture. The case has put the jingle — and the charity behind it — in the headlines. And it inspired us to check in on some other nostalgic favorites. This story sent us down a head-bopping rabbit hole of nostalgic jingles, confirming they never truly leave the depths of your brain. And it turns out, some of them are — in a sense — new again.
Remember Zoo Pals, the early-aughts, dipping sauce-friendly paper plates shaped like animals (pig, bee, frog, duck) that, per their peppy theme song, “make eating fun!”? Hefty discontinued the onetime birthday-party staple in 2014, but brought the plates back in 2023 — and has also introduced disposable cups and plastic bags in the years since. No word yet on whether the commercial might make a comeback too.
Folgers, the coffee brand, has had people humming “The best part of wakin’ up / is Folgers in your cup” since the cozy jingle first aired in 1984. Its various iterations have managed to hold viewers’ attention in the years since (the 2009 sibling version inspired a slew of parodies and fan fiction). In 2021, public performance royalties for the song — which is actually titled “Real Snowy Morning” — were auctioned off online. The winning bidder, identified as “Josh C.,” paid $90,500. Just this week, comedian John Oliver parodied JG Wentworth’s Viking opera (“877-cash-now”) jingle for an episode examining the structured settlement factoring industry. Oliver’s version, warning people to be skeptical of such companies, features stars like singer Megan Hilty, actor Victor Garber and Larry David, in a nod to the original earworm’s prominent cameo in the final season of Curb Your Enthusiasm.
Sometimes a jingle outlives the very thing it’s advertising. Consider: “I’m a Toys R Us Kid,” the toy store ditty belted enthusiastically by generations of trike-riding kiddos since the 1980s. The franchise shuttered due to bankruptcy in 2018, though it has since been partially revived through a partnership with Macy’s. The jingle has staying power — much to the delight of prolific thriller author James Patterson, who helped write the lyrics in his early career in advertising. “That’s a big moment in my life,” Patterson said when asked about it in a 2024 appearance on Live with Kelly and Mark. “That’s a fun one, and kids obviously loved it. And we do remember it, which is great.”
