Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb a steep hill. The dune buggy is stuck. Suddenly, a red midsize pickup truck speeds up the sand-covered hill and pushes the stranded dune buggy to the top, as bystanders off camera exclaim: “Gun it, bro!” “What’s this guy doing?” “Whoa, man. No way.” “Go! Go! Go! Go! Go! Go! Go!” “Are you kidding?” “Did you guys see that?” “Maniac!” The commercial’s voiceover message states: “The midsize Nissan Frontier with full-size horsepower and torque. Innovation for doers, innovation for all.”

The 30-second commercial “Hill Climb” aired on television and over the Internet. The video, shot to look like a YouTube video taken on someone’s cell phone camera, is action-packed and entertaining. According to the Federal Trade Commission, it also constitutes false advertising, despite the disclaimer placed in the bottom right corner of the frame that states: “Fictionalization. Do not attempt.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Loeb & Loeb LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.