ADventures in Law

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Washington, D.C., was buzzing this week with the sharp insights of advertising law pros at the National Advertising Division (NAD) annual conference. A major discussion point was the role teens are playing in the marketing space. Generation Z is already here making changes in the marketing world, and now Generation Alpha is following in their footsteps. Teens are not just tastemakers; they are also a regulatory priority.

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Today’s teens are digitally native, socially conscious, and constantly online. According to <a href="https://www.pewresearch.org/internet/2024/12/12/teens-social-media-and-technology-2024/" target="_blank" rel="noreferrer noopener">Pew Research</a>, nearly half of U.S. teens say they’re online “almost constantly.” And they’re not just scrolling – they are also spending. According to Piper Sandler’s “<a href="https://www.pipersandler.com/teens" target="_blank" rel="noreferrer noopener">Taking Stock With Teens</a>” study, teens self-report an average yearly spend of $2,388. While that may not seem like much, the important point to consider is that brand loyalty starts early. SuperAwesome recently <a href="https://content.superawesome.com/hubfs/2021%20Reports/SuperAwesome%20report_How%20kids%20and%20Young%20Teens%20have%20raised%20the%20stakes%20for%20brand%20loyalty.pdf" target="_blank" rel="noreferrer noopener">published a report</a> on brand loyalty and teens, finding that brand loyalty is locked in by age 16. And once a consumer has established brand loyalty, it often lasts a lifetime. So, while you are working to get clicks today, you may be developing customers for a lifetime.

In a rare joint decision, the NAD and the Children’s Advertising Review Unit (CARU) evaluated claims made by Bubble Beauty. The NAD evaluated social media activity by Bubble in promoting its products. Bubble made the express claim of “Cleanser. Moisturizer. SPF. If you’re under 13, those are going to be our only product recommendations, ever. We’re happy to be able to provide safe, effective and accessible products to everyone at every age.” The NAD also evaluated two social media videos featuring young girls looking for kid-friendly products at cosmetics stores. Bubble Beauty responded to these young skin care aficionados with comments such as “Honored to be a part of your first skin care routine, bestie!!” The NAD found these comments from Bubble Beauty’s official social media accounts as the brand’s approval of these young children using its products and an indication that they are safe and appropriate for children’s skin. To support its efficacy claims, Bubble provided results from a survey that sought to gauge consumers’ opinions about Bubble’s products. The survey sought answers to questions about whether consumers’ skin “feels clean” or “feels hydrated” after using the products. The NAD found that effectiveness claims aren’t appropriate or supported by consumer opinion surveys, which mostly included respondents over 18. Therefore, the NAD recommended that Bubble discontinue the express and implied effectiveness claims.

While CARU’s inquiry focused on a limited-edition product bundle that Bubble released in collaboration with an animated film, these products were adorned with images of characters from the film. In response to the inquiry, Bubble said it does not target its products to children under the age of 13 and it does not employ young influencers to market its products, arguing that this collaboration with an animated film was not indicative of a younger audience. Here, CARU pointed to the comments made by Bubble’s official social media platforms as evidence of the targeting. Bubble’s official account responded to videos and posts by young influencers with comments such as “Never too early to moisturize!” and “Obsessed [emoji]! Thanks for the support, bestie [emoji].” CARU highlighted the slang used in these comments as evidence that Bubble was indeed targeting children for this product drop.

When you are advertising to teens and tweens, always make sure you have proper substantiation. If you are relying on a survey of consumers to support a claim such as “Children under 13 love X,” ensure that you are surveying the right age groups. Furthermore, always ensure that your brand’s language and social media engagement strategy are aligned with your overall goal. If you do not intend your products to be targeted to teens or tweens, avoid using slang and responding to members of that age group on socials.

Teens don’t just consume – they hang out in digital spaces. Whether it’s gaming, chatting or engaging with influencers, your virtual product needs to be safe and age-appropriate, include clear disclosures and be responsibly designed. When working with a digital platform, carefully review the platform’s terms and conditions. If you are advertising to teens, consider how they speak and fashion your claims and disclaimers in a way that is easily understood and approachable by a teen audience. If you are creating a game or experience for teens, be sure to avoid dark patterns or other tactics designed to keep teens online. Consider autosave features or ways for players to save their progress so they can take breaks and not be logged in for hours and hours. The goal should be fun, not fatigue.

When marketing to teens, consider the following best practices to ensure your ads are clear and safe and promote a positive experience for that cohort:

Support self-esteem. Avoid unrealistic beauty standards and don’t prey on insecurities. Adolescence is hard enough; you don’t need to bombard teens with ads that prey on their insecurities or promote unrealistic or unhealthy body images.

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Promote responsibility. Teens are more likely to engage in reckless behavior. Remember all the silly things you did before your brain was fully formed? Ads should not feature or promote reckless behavior. Ads should instead model safe conduct. If safety equipment is needed when using a product, then the ad should feature models wearing the proper safety equipment.

Inspire balance. Skip the glamorization of materialism or addictive habits and be honest. Gen Z especially values authenticity, so ads should be clear and informative about the reality of what you are selling.

Be a positive influence. Ditch stereotypes and highlight positive role models. Evaluate your ads to confirm you are not relying on stereotypes, positive or negative, to illustrate your story.

Be honest. Teens are vulnerable to exaggeration. Claims must be substantiated, and substantiation should match the target demographic. If your claim is about the effect of your product on teens, then your substantiation should include studies that were done on teens.

Be mindful of how you communicate. Even casual social media comments can be used as evidence of targeting teens and younger audiences. Before engaging online with influencers and consumers, consider how that interaction will be scrutinized.

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In the absence of strict regulation, acting in the best interest of teens should be your North Star. When advertising to teens, you should be making choices that are safe, transparent and respectful of their developmental stage.

Teens, Trends and Truth in Advertising: Highlights from the NAD Conference