Kars4Kids jingle can continue in California after appeals court ruling

The ad jingle you just can’t get out of your head — no matter how hard you may try — is staying on the air for now in California.

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An appeals court ruled Thursday that the “1-877-Kars-for-Kids, K-A-R-S Kars for Kids” jingle can continue airing in the Golden State after a judge in Orange County had previously ruled against Kars4Kids and its ad featuring children dancing and singing.

A spokesperson for Kars4Kids said the group “applauds” the new ruling and that it allows the ads to stay on air “while the appeals process plays out.”

Last month, Superior Court Judge Gassia Apkarian found that the ads violated California’s false advertising law by disseminating public statements about the disposal of property — specifically vehicle donations — that were misleading by omission.

The appeal stems from a 2021 lawsuit filed by a California man who argued that the ad features young children, even though some of the proceeds are directed toward programs that fund Israel trips for older teens.

Bruce Puterbaugh donated a 2001 Volvo XC to Kars4Kids earlier that year after hearing the ad “over and over” on the radio. At the time, he expected his donation, which he made in California, to directly go toward benefiting children in California.

One of Puterbaugh’s lawyers, Neal Roberts, said in a statement that the appeal was expected.

“Rather than change the ads to disclose the hidden facts about the true use of the donations for religious organizations in New York, New Jersey and Israel, K4k has sought to continue the ads during the appellate process,” Roberts said.

“The plaintiff Bruce Puterbaugh remains confident that the appeal will not be successful and that the jingle will be taken off the air in California.” Roberts added.

“Kars4Kids’ programs benefit a wide array of children and teenagers in California and beyond,” the spokesperson said.

“The uninterrupted airing of its ads will enable the charity to continue funding its programs for children and families. 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,” the spokesperson said.