AAF News
Wednesday, 21 July 2010 00:00
About Ruth Ann
Ruth Ann Kearley was nominated and selected based on her contributions to her company, to the credit union industry, to the local advertising community, and to Fort Worth.
• Former Miss Teen Fort Worth
• Paschal High School and TCU alum
• Started one of the first marketing departments for a credit union in the state of Texas in the early 1970’s while at EECU.
• Nationally known and recognized leader in the Credit Union industry.
• Founded Kearley & Company, Inc. – a full service advertising and public relations firm founded in 1981
• Recipient numerous ADDY® Awards as well as numerous Credit Union Industry awards
• Former President of the Northside Chamber of Commerce
• Former President of the Board for the Lighthouse for the Blind
• Former Board member for Jubilee Theatre
• Active member of AAF-Fort Worth since mid-1980’s
• Active member of the Fort Worth Chamber since 1980’s
• 2007 Fort Worth Business Press Great Woman of Texas honoree.
• Current member - Executive Board for the Lighthouse for the Blind
Monday, 15 March 2010 16:01
AAF-FORT WORTH REACHES OUT TO HELP THE HUNGRY
For second year in a row, local ad club volunteers at Tarrant Area Food Bank
FORT WORTH, Texas – March 8, 2010 – More than two dozen members and friends of the American Advertising Federation-Fort Worth volunteered Saturday morning at the Tarrant Area Food Bank, where they packed non-perishable foods for distribution.
According to the food bank, one in eight Tarrant-area residents received emergency food assistance from the service organization in the past three months.
“More people than ever need a little help these days, and the Tarrant Area Food Bank is an incredible organization serving our community as well as 12 neighboring counties,” said Jason Parker, president of AAF-Fort Worth. “The level of service it provides given its day-to-day challenges is amazing, and our members find it gratifying to volunteer their time to assist the organization in its fight against hunger.”
AAF, which celebrated its 100th anniversary in 2009, has a long history of civic contribution, supplying creative and advertising talent to a host of local organizations over the years, including an annual benefit concert to support Limbs for Life.
If you are interested in requesting volunteers from AAF-Fort Worth or joining one of our volunteer projects, please fill out our volunteer form.
To learn more about the Tarrant Area Food Bank, visit www.tafb.org.
Friday, 12 March 2010 11:26
TCU Horned Frogs Bring National Spotlight to Fort Worth
FORT WORTH, TEXAS (March 4, 2010) – The American Advertising Federation – Fort Worth (AAF-Fort Worth) will recognize the Texas Christian University football program with the 2009 Dateline Award for the team’s success in bringing the national spotlight to Fort Worth.
Sponsored by TCU ISP Sports Network, the Dateline award presentation and luncheon will be on Thursday, March 25, at Joe T. Garcia’s from 11:45 am to 1 pm. To attend, view the event summary at www.adclubfw.org by Wednesday, March 24.
“The impressive performance by the TCU Horned Frog football team this season has given Fort Worth national exposure and showed the nation the pride that Fort Worth has for our city,” said Jason Parker, president of AAF-Fort Worth.
As the Frogs began their regular season, which ended in an undefeated 12-0 season, the nation began to take notice of the underdogs in purple. Following TCU’s climb to number four in the BCS rankings, ESPN College Gameday headed to Fort Worth for the first time on November 14, to cover the Horned Frogs battle against the Utah Utes. The city of Fort Worth received national exposure and Lee Corso donned the famous SuperFrog head in support of a Frog victory, for the second time that season.
The Utah victory sealed the Frog’s number four BCS ranking and following Air Force and New Mexico losses, the Mountain West Conference Championship. All the while the city of Fort Worth and the nation rallied behind the Frog’s quest for a BCS bowl game, which culminated in an invitation to the Fiesta Bowl in Glendale, AZ to compete in their first BCS bowl game.
“There is a real ‘town and gown' relationship that you feel here,” said Chris Del Conte, TCU’s athletic director. “We try to paint the town purple. The mayor of Fort Worth declared Fridays to be ‘Purple Day,' and every city employee wears purple. Those are the sort of things that happen when you're the only team in town.”
Previous Dateline Award recipients include celebrity the Bell Helicopter Armed Forces Bowl, Chef Tim Love, the North Texas Speedway, the Van Cliburn Competition and Downtown Fort Worth, Inc.
Friday, 05 March 2010 00:00
FDA Cracks Down of Food Labels
On Wednesday, the Food and Drug Administration issued Warning Letters to 17 different food manufacturers for violations of labeling requirements in the Food, Drug and Cosmetic Act. The letters were sent in regard to slight violations posing no immediate consumer safety risks. The violations primarily dealt with misleading dietary descriptions. This is the first time in years the FDA has enforced widespread violations of these types of regulations. FDA Commissioner Margaret Hamburg, M.D. has made it clear that nutrition labeling is a top priority for the FDA under her leadership. Thus, food companies must promptly make compliance assessments of their products to ensure they will not fall victim to the next round of citations. The recipients of Warning Letters have 15 days to respond to the FDA with their plans for corrective action. Many of the citations are for claims that a product is "healthy" or nutritious where the FDA alleges they do not meet the legal requirements for such claims. Other citations allege mislabeling of total fat or juice content in food products; and claiming a product is safe for young children when it has only been tested for adults.
Friday, 26 February 2010 13:45
FTC Aims to Expand Authority
On February 4, the Senate Committee on Commerce, Science and Transportation conducted a hearing to discuss proposed changes in industry-wide rulemaking authority at the Federal Trade Commission. FTC Chairman Jon Leibowitz was the only witness in at the hearing. The changes under discussion would do away with the Magnusson-Moss rulemaking procedures the Commission has been using for over 30 years, and replace them with rulemaking authority under the Administrative Procedure Act (APA). The changes would do away with the current requirement that the agency demonstrate a practice is prevalent in the industry, and gauge the economic impact before enacting rules. It would also severely limit the opportunity for business and consumer comment on proposed rules. The Chairman also asked for the ability to seek immediate civil penalties for deceptive acts, independent litigation authority, and the authority to prosecute actors charged with aiding and abetting under the FTC Act. The Chairman asserted that the FTC needs the new authority to better protect consumers. However, under questioning he was unable to cite a current problem that needs to be addressed, nor a past problem that the agency could not address under the current Magnusson-Moss procedures. The changes have already passed the House of Representatives in an addition to legislation creating a Consumer Financial Protection Agency.
Microsoft and Yahoo Partnership Approved
The ten-year search partnership between Microsoft and Yahoo has been approved by both the US Department of Justice and the European Commission. The partnership was approved without restrictions and is on track to be completed by 2012. Each company will represent different advertising segments for customers. In a joint statement the companies said, “Yahoo’s sales team will exclusively represent and support high-volume advertisers, search engine optimization and search engine marketing agencies, and resellers and their clients. Microsoft will represent and support self-service advertisers.”
Utah Targets Deceptive Advertising
A Utah Senate committee has unanimously passed a bill to create stricter laws for deceptive advertising. HB97, which already passed through the House, adds more definitive language to current laws describing how a business can advertise “going out of business sales.” The bill is targeted at those companies who run going out of business sales when they know that they will stay open, not those who run a sale which then enables them to stay open. Rep. Marie Poulson, D-Cottonwood Heights, the bill’s sponsor, believes it will help to create a transparent marketplace. It helps the consumer because they can trust the places they go and it helps the businesses because they can be trusted
AAF Government Report is available to all members of the AAF. If you are interested in receiving an e-mailed copy, please e-mail
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If you are interested in receiving AAF SmartBrief, an opt-in news service, please visit
www.smartbrief.com/aaf. AAF SmartBrief condenses advertising industry news from dozens of media sources into a succinct, easy to read e-mail.
Friday, 20 November 2009 00:00
Legislation Targets Food Advertising
Representatives Jim Moran, D-Va. and Bill Pascrell, D-N.J. have introduced “The Healthy Kids Act” to address the issue of childhood obesity, and much of the bill targets advertising.
The legislation will allow the Federal Communications Commission to limit the amount of advertising for foods or drinks that do not meet certain standards to two minutes an hour on weekends and three on weekdays. It will allow the FCC to fully ban ads for foods that "do not contribute to a healthful diet for children and adolescents and the consumption of which is discouraged."
The Federal Trade Commission will determine which foods do not meet the standard. Ads targeting children kids for the products would be deemed unfair trade practice. The FTC will determine the age range for which children should not be exposed to certain advertising. A multi-agency task force, including the FTC, is currently looking at whether 12- to-19-year-olds should be considered children for the purposes of advertising.
The bill will also give the Health and Human Services department the authority power to develop guidelines for food and beverage advertisements that take into account children and adolescents' "emotional vulnerability ... (and) cognitive ability to distinguish between commercial and non-commercial content."
President Obama Nominates FTC Commissioners
President Barak Obama has nominated Julie Brill and Edith Ramirez to the Federal Trade Commission.
Brill is the senior deputy attorney general and chief of consumer protection and antitrust for the North Carolina Department of Justice.
Ramirez is an attorney at Quinn Emmanuel in Los Angeles. She has represented many business clients such as the American Broadcasting Company, the Walt Disney Company and Mattel.
Social Networking Sites and Promotions: An Evolving Landscape
Provided by: Frost Brown Attorneys
As the number of advertisers using social networking sites to execute sweepstakes and similar promotions grows, so too grows the number of guidelines being imposed on those kinds of promotional activities by the sites. Not so long ago, conducting sweepstakes via Twitter®, Facebook®, or YouTube® seemed novel. Now it is a common occurrence. As those sites and others get their digital arms around the extent to which and how advertisers are using the platforms for promotions, more sites are instituting guidelines on how they can be used for those purposes.
The prudent advertiser will review the terms of use for the site or sites it intends to use to execute a promotion, and may need to consult with an attorney to ensure proper compliance. While some, like Twitter, currently still have no guidelines; another popular site for promotions, Facebook, recently has updated its Promotions Guidelines to more clearly define what it will allow and what it will not where sweepstakes, contests, and similar competitions are concerned.
Facebook’s Guidelines, updated on November 4, impose a host of new requirements on advertisers who want to run promotions through its pages. While it still is permissible without too much constraint to, for example, simply promote on Facebook a sweepstakes that you are executing elsewhere, if you want to actually administer the sweepstakes through Facebook’s various offerings - even to collect entries or just announce the winner on its pages - the new rules apply to you.
(Note, however, that even for a promotion that is simply being promoted through Facebook, no entry can be conditioned “upon taking any action on Facebook, for example, updating a status, posting on a profile or Page, or uploading a photo.”)
Aside from rules that come as no surprise, e.g., the promotion must be legal, trademarks cannot be infringed, the advertiser remains solely liable, a few require advanced planning and attention to extra details to ensure compliance with Facebook’s requirements if anything more than promotion will happen on Facebook.
The rules for administering a promotion through Facebook expressly prohibit certain activities, among others: no promotions for those under the age of 18; no promotion of and no prizes that include alcohol, tobacco, dairy, firearms, or prescription drugs; and, no promotion administered at all without the prior review and written approval of a Facebook account representative. On the last requirement, the submission to the account representative must occur at least 7 days before the start date of the promotion. Further, the official rules are required to include certain additional provisions, such as statement that the promotion “is in no way sponsored, endorsed or administered by, or associated with, Facebook”; a “complete release” for Facebook from the entrants; and a description of the use that the advertiser will make of the entrant’s information, i.e., the advertiser’s privacy policy. Advertisers are not permitted to mention “Facebook” any place in the rules except as specifically delineated by the Guidelines. In addition, an advertiser is permitted to allow entry only on the canvas page of a Facebook application or “on an application box in a tab on a Facebook page.” A few other provisions prohibit such things as entry upon the entrant providing content of Facebook, becoming a fan of the advertiser’s page, or signing up for a Facebook account. Finally, an advertiser cannot notify winners through Facebook itself, be it a message, chat, or post on a profile.
In short, there now are some additional rules to follow in some parts of the great social media landscape.
With some thoughtful advance planning and agreement to some key provisions, a promotion through Facebook still is possible. And, more expansive options exist if an advertiser is willing to allow Facebook to participate in the promotion execution. Either way, however, attention must be paid and last minute promotions that lack written Facebook approval are not permitted. Facebook is not alone in imposing restrictions to protect its own legal and business interests; and in a technological landscape that changes so rapidly, an advertiser now should heed the terms of the chosen social networking platforms before launching a promotion in that space.
AAF Government Report is available to all members of the AAF. If you are interested in receiving an e-mailed copy, please e-mail
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If you are interested in receiving AAF SmartBrief, an opt-in news service, please visit
www.smartbrief.com/aaf. AAF SmartBrief condenses advertising industry news from dozens of media sources into a succinct, easy to read e-mail.
Friday, 06 November 2009 00:00
The U.S. Congress is considering changes to the jurisdictional mandate of the Federal Trade Commission, including in its ability to regulate advertising. These changes would transform a regulatory structure that has been in place 1970's, and has received very little scrutiny through the process of congressional hearings and debate.
H.R. 3126, the Consumer Financial Protection Agency Act, will create a new agency with jurisdiction over many financial services. The jurisdiction will extend to the advertising of products that currently reside with the FTC. While the FTC will seemingly lose some authority, its powers will be greatly expanded over those areas where jurisdiction remains. The legislation will remove many of the protections previously enacted by Congress to protect industry from the Federal Trade Commission over-stepping its boundaries. The bill is waiting to be considered by the full House of Representatives. Similar changes have been proposed and are likely to be considered in the Senate.
Over 30 years ago, the Congress enacted procedural safeguards for rulemaking and enforcement procedures undertaken by the Federal Trade Commission. The FTC safeguards requirements include:
- Giving the Justice Department 45 days notice before proceeding with an enforcement action or forego the imposition of fines for injunctive remedies.
- Finding if a type of consumer deception is prevalent and not just limited to one instance before proceeding with a rulemaking to address the deceptive activity.
- Requiring that a rule be supported by substantial evidence on the record as a whole and not just reviewable by a court on a determination that the agency was arbitrary or capricious.
- Requiring that the FTC must permit cross-examination of witnesses with any disputed issue regarding a material fact in a rulemaking
- Requiring that a statement as to the economic impact of a proposed rule be included in the record.
- The FTC may consider established public policies as evidence when deciding what act or practice may be unfair to consumers, but the policy consideration cannot be the primary basis for the finding of unfairness.
Collectively, these requirements are known as Magnusson-Moss rulemaking procedures after the then chairmen of the House and Senate Commerce Committees, Senator Warren Magnusson, D-Wash. and Representative John Moss, D-Calif. Magnusson and Moss were considered strong proponents of consumer protection.
Proponents of the changes argue that the FTC should be able to undertake rulemakings under more streamlined procedures enjoyed by most other federal agencies. However, other agencies have a narrow jurisdictional mandate (for example, financial markets for the Securities and Exchange Commission, food and pharmaceuticals for the Food and Drug Administration) and therefore an inherent expertise in the subject matter.
The American Advertising Federation to warn lawmakers as to the implications of changing a regulatory structure that has worked for many years on behalf of both consumers and businesses.
AAF Government Report is available to all members of the AAF. If you are interested in receiving an e-mailed copy, please e-mail
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If you are interested in receiving AAF SmartBrief, an opt-in news service, please visit www.smartbrief.com/aaf. AAF SmartBrief condenses advertising industry news from dozens of media sources into a succinct, easy to read e-mail. Go to the Government Affairs Main Page.
Friday, 30 October 2009 00:00
FCC to Scrutinize Children's Television and Advertising
The Federal Communications Commission has released a Notice of Inquiry, "Empowering Parents and Protecting Children in an Evolving Landscape.” Many of the issues raised in the NOI seem to suggest that there may be a bias against advertising. The following issues in the NOI are among those cited:
- One significant concern with children's exposure to media is the harms that may arise from advertising specifically directed to children and used to influence children's consumption of products.
- Exposure to excessive and exploitative advertisements is a significant risk children face from electronic media. Advertisements of particular concern to children include: (i) those that promote products specifically to children; (ii) those that promote unhealthy food, thereby contributing to childhood obesity, and (iii) those that contain inappropriate content, such as offensive language, sexual content, and violence.
- We invite information about the effectiveness of these (CTA) rules in limiting commercial material viewed by children on television and how they might be improved.
- The CTA's limits apply only to broadcast, cable, and satellite television. To what extent are children exposed to excessive and exploitative advertisements on media other than television? What actions, if any, should government take to create incentives to limit the exposure of children to advertisements?
The NOI is expected to be published in the Federal Register around the end of the year. Initial comments will be due sixty days thereafter.
House Committee Approves CFPA
On October 29, the House Energy and Commerce Committee approved H.R. 3126, the Consumer Financial Protection Agency Act. The bill has already passed the House Financial Services Committee and will next be considered by the full House of Representatives. As written, the legislation will have significant implications for the advertising industry.
The bill will transfer much of the regulatory authority for financial products and services from the Federal Trade Commission to the new CFPA. However, the FTC would retain some authority in financial products and services matters. The bill would greatly expand the regulatory authority of both agencies. For example:
- The bill will grant the new CFPA rulemaking authority under the "unfairness" standard. This goes beyond the current authority of the FTC which is limited by Congress.
- The FTC will be given expedited rulemaking authority, doing away with many of the safeguards currently in place.
- The Commission will be granted expanded "aiding and abetting" authority that has the ability to implicate both advertising agencies and the media.
In addition, H.R. 3126 will give the states authority to enforce regulations adopted by the CFPA and enact laws of their own. Financial advertisers may be subject to regulation by the CFPA, the FTC and numerous states under different and potentially contradictory standards.
Republicans offered a number of amendments to eliminate many of these provisions, but all failed. The bill was approved on a largely party line vote.
Congressman Targets Food Advertising
Congressman Dennis Kucinich, D-Ohio, has sent a “Dear Colleague” letter to other members of Congress announcing his intention to introduce legislation to “eliminate the tax deductibility of fast food and junk food advertising directed at children.” The Congressman is inviting other members to join him as a cosponsor.
AAF Government Report is available to all members of the AAF. If you are interested in receiving an e-mailed copy, please e-mail
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.
If you are interested in receiving AAF SmartBrief, an opt-in news service, please visit www.smartbrief.com/aaf. AAF SmartBrief condenses advertising industry news from dozens of media sources into a succinct, easy to read e-mail. Go to the Government Affairs Main Page.
Friday, 30 October 2009 00:00
From: Clark Rector, Executive Vice President-Government Affairs
Food Advertising Deductibility Threat
Congressman Dennis Kucinich, D-Ohio, has sent a “Dear Colleague” to other members of Congress soliciting cosponsors for legislation he plans to introduce to “eliminate the tax deductibility of fast food and junk food advertising directed at children.” As you know, deductibility for DTC advertising has been under fire this year in the health care debate. The Kucinich proposal reinforces our contention that pharmaceuticals were only the first step and all advertising is at risk. Be assured that the AAF will do everything in our power to insure that advertising for all products remains fully deductible as a normal and necessary business expense. Please do not hesitate to contact me if you have any comments or questions.
Don't Subsidize Childhood Obesity
From: The Honorable Dennis J. Kucinich
Date: 10/28/2009
Dear Colleague:
Research clearly shows that childhood obesity has reached epidemic proportions in this country. As we develop programs to combat childhood obesity, we must also examine the root causes of this problem. The effect of advertising on youth, especially advertising of fast food and junk food, has long been a concern of mine. The Institute of Medicine estimates that in 2004 approximately $10 billion was spent on food advertising directed at children, using every method available--television, radio, the internet, even embedded in video games. Simply put, marketing to children works--companies would not make such a substantial investment if it were ineffective.1 Marketing directed at youth is extremely well constructed and relies heavily on behavioral science. The developing brain of the child cannot discriminate fact from opinion; cannot think critically; and cannot yet fully understand abstract thinking. This makes no difference to food advertisers, who exploit this using cartoons, cross branding with popular toys, giveaways, and myriad other methods to develop brand loyalty and shape judgment as early as possible, knowing that those affinities are the most enduring. Astonishingly, the federal government subsidizes this methodical preying on children by granting a tax write-off for expenses associated with it. This must stop. The government must take action to protect American children and ensure that they grow up in a healthy environment. For this reason will be introducing legislation that would eliminate the tax deductibility of fast food and junk food advertising directed at children. I invite you to join me as a cosponsor of this legislation. There is precedent: approximately 50 countries, including Sweden, Norway, Australia, and Great Britain, have limited or prohibited food advertising directed at youth. Additionally, recent research has concluded that eliminating the tax deductibility of food advertising directed at youth would reduce obesity among youth.2 For more information or to cosponsor, please contact Tom Mulloy in my office at 5-5871 or
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.
Sincerely,/s/Dennis J.
Kucinich Member of Congress
1Institute of Medicine (2006).
Food Marketing to Children and Youth: Threat or Opportunity? National Academies Press.
2Chou, S., Rashad, I. & Grossman, M. (2008). "Fast Food Restaurant
Advertising on Television and Its Influence on Childhood Obesity."
Journal of Law and Economics, 51(4), 599-618.
Tuesday, 27 October 2009 00:00
The House Energy and Commerce Committee is scheduled to start markup on H.R. 3126, the Consumer Financial Protection Agency Act on Thursday. The bill has passed the House Financial Services Committee. If the legislation is enacted as is, it will have significant implications for the advertising industry.
The bill as written would transfer much of the regulatory authority for financial products and services from the Federal Trade Commission to the new CFPA. However, the FTC would retain some authority in financial products and services matters. The bill would greatly expand the regulatory authority of both agencies. For example:
• The bill will grant the new CFPA rulemaking authority under the "unfairness" standard. This goes beyond the current authority of the FTC which is limited by Congress.
• The FTC will be given expedited rulemaking authority, doing away with many of the safeguards currently in place.
• The Commission will be granted expanded "aiding and abetting" authority that has the ability to implicate both advertising agencies and the media.
In addition, H.R. 3126 gives the states authority to enforce regulations adopted by the CFPA as well as enact their own laws. Financial advertisers may be subject to regulation by the CFPA, the FTC and numerous states under different and potentially contradictory standards.
It is important that the advertising industry contact members of the Energy and Commerce Committee and ask them to consider the implications of the bill that is before them, and consider language that would provide appropriate safeguards for both consumers and the industry.
Committee members can be reached through the Energy and Commerce website at http://energycommerce.house.gov/. Please do not hesitate to contact Clark Rector, Executive Vice President-Government Affairs if you have any comments or questions.