A California appeals court has allowed the charity Kars4Kids to continue airing its advertisements in the state while the organization pursues an appeal of a lower court ruling. The California Court of Appeal, Fourth Appellate District, issued the decision Thursday, temporarily blocking a directive that would have forced Kars4Kids to stop broadcasting certain ads deemed misleading.
Kars4Kids, known for its memorable jingle encouraging viewers to “donate your car today,” has been at the center of a legal dispute stemming from allegations that its advertisements violated state laws against false advertising and unfair competition. The suit originated in Orange County Superior Court and was brought by Bruce Puterbaugh, a California cabinetmaker in his 70s. Puterbaugh claimed he was misled by the ads after donating a Volvo to the charity in 2021.
In May, Superior Court Judge Gassia Apkarian ruled that Kars4Kids must cease airing the ads in California within 30 days. The judge also mandated that future advertisements include clear, audible disclosures about the charity’s religious affiliation, the geographic location of its primary beneficiaries, and the ages of those beneficiaries, indicating whether they target children, families, or both. Judge Apkarian noted that Kars4Kids primarily funds Oorah, a New Jersey-based Jewish organization that runs cultural and educational programs, including adult matchmaking services, trips to Israel for teenagers, and summer camps in New York. In California, Kars4Kids was only found to have sponsored a promotional giveaway involving branded backpacks.
Kars4Kids spokesperson Wendy Kirwan praised the appellate court’s ruling, saying the organization “applauds the appellate court’s ruling” and intends to pursue a broader appeal of what it views as flawed findings by the lower court. Kirwan emphasized that Kars4Kids supports a “wide array of children and teenagers in California and beyond.”
Meanwhile, legal representation for Puterbaugh expressed confidence that the appeal would ultimately fail and that the ads would be removed from California airwaves. Neal Roberts, Puterbaugh’s lawyer, stated that his client “remains confident that the appeal will not be successful and that the jingle will be taken off the air in California.” Efforts to contact other attorneys involved in the case were unsuccessful.
The ruling underscores ongoing tensions around transparency and consumer protection in nonprofit advertising, particularly when organizations operate in multiple states with varying regulations and charitable programming. The appeals court’s decision allows Kars4Kids to maintain its current advertising campaigns in California for the time being as the legal process continues.