Do you recall those early Saturday mornings when you’d eagerly grab a bowl of sugary cereal and plop down in front of the TV to catch your favorite cartoons? If so, you likely remember the onslaught of commercials that came your way. Colorful characters, enticing toys, and catchy jingles—all aimed at getting kids to pester their parents for the latest products.

In the past, TV and newspaper ads were the primary marketing channels for kids. But nowadays, the landscape has changed dramatically. Just like adults, children are bombarded with ads from all angles.

However, due to their vulnerability, there’s a pressing need for ethical marketing practices when targeting kids. If your audience includes children, it’s crucial to adhere to ethical guidelines to preserve consumer trust. Marketing for children is one of the largest and most complex industries in the world. Let’s take a look at how it runs and what the ethical considerations of marketing to children are.

The Basics

Marketing to children isn’t inherently wrong—it’s a fundamental part of selling toys, games, and other products aimed at kids. However, if your target audience includes children, it’s vital to prioritize their safety.

Whenever you collect data or information from children, it’s crucial to ensure its security. For instance, a company selling teddy bears with recorded messages from kids to their parents faced a security breach, potentially exposing children’s names to the public. Such breaches not only jeopardize children’s safety but can also tarnish a company’s reputation for years.

Companies marketing video games or online services to children must also safeguard their personal information. If emails or other details are leaked, children may become targets for harassment or exploitation. If you can’t guarantee the safety of your young audience, it’s imperative to bolster your security measures.

Moreover, products marketed to children should be age-appropriate and safe for use. Marketing items like LEGOs to young children who could choke on them or promoting electric drills to eight-year-olds is irresponsible and potentially dangerous.

The Biggest Problem

Children are incredibly perceptive and easily influenced. If you think about it, they’re the perfect demographic for marketers. They’re so vulnerable that it’s crucial to advertise to children with integrity and caution, avoiding any tactics that could potentially mislead or manipulate them.

One common area where this issue arises is in digital advertising, especially on mobile devices. Parents often rely on tablets and smartphones to entertain their children, but many apps targeted at kids feature advertisements that may not always have their best interests at heart. Some ads may be designed to trick children into making purchases or create obstacles that make it difficult for them to exit the ad.

As marketers, it’s our responsibility to prioritize the well-being of children and ensure that our advertising practices are transparent and ethical. Deceptive advertising not only undermines trust but can also have lasting repercussions on a brand’s reputation.

There have been many studies over the years highlighting the effects of marketing on children. They shed light on the remarkable brand recognition abilities of children, prompting regulatory measures to protect them from harmful marketing practices. This study led to the enactment of regulations prohibiting tobacco companies from using cartoon characters in advertising and airing commercials during children’s programming.

Child Advertising Laws and Guidelines

Considering how vulnerable children are, it’s no surprise that the industry is heavily regulated. There are several different bodies and organizations and numerous frameworks that protect children from malicious marketing. 

Children’s Advertising Review Unit (CARU)

In the United States, child advertising laws are governed by guidelines set forth by a division of the Council of Better Business Bureaus. CARU regularly releases “Self-Regulatory Guidelines for Children’s Advertising,” which deal with national advertising directed at children under 12. These guidelines encompass all forms of media and aim to prevent deceptive, inappropriate, or unfair advertising practices.

Recognizing the impressionability and vulnerability of children, CARU assesses advertisements based on children’s experience and maturity levels to determine if they are deceptive. It also considers the cognitive limitations of children and their ability to critically evaluate advertising claims.

Moreover, CARU addresses the collection of online data and privacy policies targeting children under 13, aligning with the Children’s Online Privacy Protection Act (COPPA). CARU monitors various advertising mediums, including TV commercials, print, radio, and online ads. If any advertisements are found to violate CARU guidelines by being false, incorrect, or inconsistent, CARU works with advertisers to implement the necessary changes.

Children’s Online Privacy Protection Act,

COPPA is a crucial federal law aimed at safeguarding children’s online privacy. It specifically prohibits deceptive or unfair practices related to the collection, use, and disclosure of children’s personal information on the Internet. One of the key provisions of COPPA is that websites and online platforms must obtain verifiable parental consent before collecting, using, or disclosing any personal information from children under the age of 13.

Additionally, COPPA mandates that these websites and platforms must clearly publish their privacy policies and provide parents with notice of their data collection practices. These regulations apply not only to websites and online services specifically directed at children but also to general-audience websites that knowingly collect personal information from children. Ensuring compliance with COPPA is essential for businesses operating online, as it helps protect the privacy and safety of children while also fostering trust among parents and users.

Collecting Data on Minors

Collecting data is vital for marketing, as it helps determine target audiences and strategies. However, regulations like COPPA differentiate data collection for individuals under 18. According to COPPA, no entity can gather personal information from anyone under 13 in the US. The FTC considers personal data for minors to include:

• “Full name;
• Home or other physical address, including street name and city or town;
• Online contact information like an email address or other identifier that permits someone to contact a person directly — for example, an IM identifier, VoIP identifier, or video chat identifier;
• Screen name or user name where it functions as online contact information;
• Telephone number;
• Social Security number;
• A persistent identifier that can be used to recognize a user over time and across different sites, including a cookie number, an IP address, a processor or device serial number, or a unique device identifier;
• A photo, video, or audio file containing a child’s image or voice;
• Geolocation information sufficient to identify a street name and city or town; or
• Other information about the child or parent that is collected from the child and is combined with one of these identifiers.”

After reaching 16, personal data for individuals typically expands to include first and last names, states, age, addresses, birthdates, and social security numbers. The guidelines regarding ages between 13 and 16 are not entirely definitive. Therefore, it’s advisable to handle data for individuals within this age range as if they were 13 or younger.

Don’t get fined

Violating these laws can result in heavy fines levied for your company. Regardless of its size, facing hefty fines can significantly harm your long-term prospects. With fewer financial resources available and a tarnished reputation, recovering from such penalties can be challenging. However, not getting a fine should be the sole reason you follow these regulations. When it comes to the vulnerable, developing age of teens and pre-teens, marketers hold an ethical responsibility.

It can be very tempting to skirt the edges of these regulations or stay just within the guidelines in hopes of maximizing sales. You need to actively question the products you’re marketing, and the effects they can have on young children. It’s common knowledge that advertising alcohol, tobacco, nudity, violence, and other sensitive topics to children is prohibited. It’s still possible to use imarketingor references that can slip through the cracks, which is why you need to take a personal stand against inappropriate content.

Additionally, you may not be aware that it’s your responsibility to implement age restrictions on your content across public platforms like YouTube and websites. To safeguard against minors accessing restricted products or services, you must have a legally binding agreement that visitors must acknowledge.

By checking this agreement, visitors confirm they are at least 18 years old. In the event that a child gains access by providing false information, their parents are accountable for not supervising them adequately. With documented proof of the agreement, you can demonstrate that you were misled into allowing a child to view your marketing content and potentially disclose their personal information.

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FAQs

1. What are the penalties for violating child advertising laws? 

Companies that violate child advertising laws can face significant fines. For example, under COPPA, fines can reach up to $43,280 per violation.

2. Are influencers required to follow age-restricted marketing guidelines? 

Yes. Influencers promoting age-restricted products must ensure their content aligns with advertising laws. Platforms like YouTube require age-gating for certain content.

3. How do companies verify the age of their online users? 

Businesses often use age-gates, parental consent systems, or AI-based verification methods to confirm a user’s age before granting access to restricted content.

4. Can children legally provide consent for data collection? 

No. In most countries, children under 13 cannot provide legal consent. Parental approval is required before collecting or using their personal information.

5. What steps can brands take to market responsibly to minors? 

Brands should prioritize transparency, avoid misleading messages, and comply with legal guidelines. They should also ensure age-appropriate content and protect user data.