ASRC Today’s Must-Read

C. Lee Peeler, President and CEO, Advertising Self-Regulatory Council, and EVP, Council of Better Business Bureaus,  testified Tuesday, June 17,   before the U.S. Senate Committee on Commerce, Science and Transportation, Subcommittee on Consumer Protect, Product Safety and Insurance at a hearing to address “Protecting Consumers from False and Deceptive Advertising of Weight-Loss Products.”

Mr. Peeler described the self-regulatory system and the work of the Better Business Bureau in addressing false or misleading advertising claims for weight-loss products and highlighted in his presentation the industry trade associations that have embraced the self-regulatory system’s strong standards for truth and accuracy.

You can read about the hearing here, here and here.

CARU’s work in 2013 earns a thorough review in this report from Davis and Gilbert.

“While children’s advertisers spent most of 2013 complying with the FTC’s changes to the Children’s Online Privacy Protection Rule (COPPA), the Children’s Advertising Review Unit of the Council of Better Business Bureaus (CARU) continued to open cases involving advertisements that were directed to children and failed to comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising (the CARU Guidelines). Given the industry’s current focus on COPPA, children’s advertisers should be reminded about their obligations under the CARU Guidelines as well.”

Both AdWeek and Bloomberg reached out to Lee Peeler for his take on this week’s interesting settlement with a major ad agency. You can read the stories here and here.

There’s always a line between great creativity and showing something the product can’t do,” Mr. Peeler told Bloomberg.”


Canada, too, is wrestling with native advertising, a key area of interest at the National Advertising Division.  In the article below, Growlings LaFleur attorney Matthew Marinett, examines a recent NAD case:

The National Advertising Division (NAD) of the Better Business Bureau in the United States recently look at Qualcomm’s sponsorship of a series of technology articles created by and hosted on the website Mashable. Qualcomm neither directed the creation of the articles, nor had any editorial control over the content. The articles did not mention Qualcomm or their Snapdragon processor, nor any devices that used it.  The advertisements for the Snapdragon processor was simply to run beside the articles, along with a line stating it was “supported by” Qualcomm’s Snapdragon. When the sponsorship period ended, their advertisement and the “supported by” line was removed from the articles, but the articles remained. The NAD investigated, but found that there was no violation in this case, and that neither Mashable nor Qualcomm needed to continue identifying the articles as sponsored or supported by Qualcomm.”

 

Santa apps. CARU says adults should check them twice.

 

 

“Adults need to be alert to the fact that the presence of an application in an online app store does not mean that the application has been vetted for compliance with federal privacy laws or CARU’s guidelines,” said Wayne J. Keeley, CARU’s Director. “Before allowing a child to use an app – even a charming and tempting Santa app – adults should review the app with an eye toward protecting the child’s privacy.”

The New York Times examined cosmetics advertising in a story, “Mascara Ads: Thick Lashes, Fine Print,” posted Tuesday.

You can read it here. (Subscription required.)

Today the Digital Advertising Agency announced interesting survey results revealing that users demand ad-supported content, value tools that enhance transparency and choice.

You can read the DAA press release here . The poll’s full results are graphically presented here.

There’s been a lot of solid coverage of the National Advertising Division and its annual conference earlier this week.  For your reading pleasure …

From Katy Bachman at AdWeek:

FTC’s Jessica Rich Lays Out Ambitious Ad Enforcement Agenda
Talks priorities at Advertising Self-Regulatory Council conference


Study: Marketers Have Nothing to Fear From Advertising Self-Regulation
Little correlation to class-action suits


Do Ad Messages Have a Credibility Problem?
‘Advertising today is a truth-free zone,’ Baskin tells ASRC

From Michael Sebastian at Advertising Age:
(Subscription required.)

Advertising Watchdog Concerned About Native Advertising
Concludes Inquiry Into a Qualcomm Article Series on Mashable

From Allison Grande or Juan Carlos Rodriquez, Law360
(Subscription required.)

Ad Industry Self-Regulator Expanding Outreach To FDA, EPA

FTC’s Active Enforcement Plan Hits Shutdown Roadblock

Judge Rakoff Criticizes ‘Peculiarities’ Of The Lanham Act

Attys’ Social Media Use Rife With Land Mines, Panel Says

Advertising Age has published a new report on green marketing, co-authored by David Mallen, NAD’s Deputy Director.  You can read about the report, “How to Make Credible Green Marketing Claims,” here, or purchase it here.

A recent NAD case, which resulted in a referral to the FTC, has been widely covered by the tech press. You can read about it here, here and here.

Corporate Counsel addressed the value of COPPA Safe Harbor programs in interviews with COPPA experts, including ASRC CEO Lee Peeler. As the story notes:

“The big compliance challenge is the new definition of what ‘personally identifiable information’ consists of, which is much more expansive and goes to the heart of many companies’ operation model.” (You can read it here.)

The New York Times offered its take on a recent National Advertising Division case now on appeal to the NARB.

“As an industry, we want people to believe that advertising is believable,” said Robin Hafitz, chief executive of Open Mind Strategy, a research company, who previously served on the National Advertising Review Board. She said that advertisers follow the precedents established by the rulings more closely than their advertising agencies, since it is the advertisers themselves that are held accountable.  (You can read the story here. Subscription required.)

The New York Times “Bits” Blog took notice recently of celebrity endorsements via Twitter, offering the National Advertising Division a nice opportunity to weigh in on truth and accuracy:

“Like advertorials and infomercials, with Twitter, our view would be that the consumers have a right to know. It gives them that additional information, just like a celebrity endorsing something on TV,” said Andrea C. Levine, director the National Advertising Division, part of the Council of Better Business Bureaus, which reviews advertising claims for accuracy.

“It’s a new day, with a new way, but an old issue,” Ms. Levine said.

You can read the NYT post here. (Subscription required.)

Advertising Age has also  provided readers with a good look at the risks of  “native advertising,” courtesy of Laura Brett, NAD Staff Attorney.

Much of the discussion has centered on the responsibility of publishers to ensure consumers aren’t hoodwinked by ads-posing-as-editorial content. It is important to remember, though, that advertisers bear a responsibility to consumers  as well.

The AdAge story can be found here. (Subscription required.)

CARU’s most recent case regarding Build-a-Bear’s website is examined in Mediapost’s “Build-A-Bear Removes Links To Twitter, Pinterest”

The popular Build-A-Bear Workshop removed links to Twitter and Pinterest from its home page, following an investigation by a unit of the Better Business Bureau. The company also revised an apparent glitch that allowed children under 13 to circumvent a feature aimed at preventing them from entering personal information without their parents’ consent.

(Mediapost Publications, May 15,2013. You can read the full story here.)

Peter Marinello addressed testimonials in direct-response advertising in the May edition of “Electronic Retailer,” a magazine published by the Electronic Retailing Association.

While consumers may be wary about the believing the performance claims of someone with an obvious materials connection to the product … a statement … from someone who has actually purchased the product is more persuasive to a fellow consumer.

(Electronic Retailer, May 2013.  You can read the full story here.)

John E. Villafranco, of Kelley Drye & Warren LLP, explores NAD’s self-regulatory review of dietary supplement advertising.

In all of these areas, the CRN–NAD model has been successful. And while self-regulation does not replace the need for robust government enforcement or for industry to comply with government regulation, it has proven to be an important supplement to the FTC’s work, while helping to increase consumer confidence and improve the overall quality of advertising throughout the industry. As Mister has stated, “Government regulation and self-regulation work hand-in-hand to build a stronger, more trustworthy dietary supplement industry—something we need if we want our industry to continue to thrive.”

(Nutritional Outlook, 4.18.2013, You can read the full story here

A strong story on NAD in the American Bar Association’s Spring edition of “Antitrust.” The article addresses the referral relationship between the self-regulatory system and the Federal Trade Commission.

 The referral relationship shows ongoing strong support by the FTC for self-regulation and a high degree of effectiveness while preserving the fundamental distinctions between self-regulation and government regulation. – Lee Peeler, President and CEO, ASRC

Great interview in AdWeek with Genie Barton, Director, Accountability Program.

Best quote:

I have beautiful tile in my kitchen. I was looking for it online. Someone targeted me. God bless them.

(AdWeek, 3.25.13.)

Advertising Age’s “Four decades in, ad industry’s self-regulation is the gold standard” is a must-read column by Lee Peeler, ASRC President and CEO, on self-regulation.

Now, with more than four decades of experience, the self-regulatory system built by the advertising industry and administered by the Council of Better Business Bureaus is the gold standard against which other self-regulation is judged.

(Advertising Age, 3.11.2013. You can read the full story here. Subscription required.) 

Food for thought:

Still, why would a marketer even participate in self-regulation if it raises the risk, even slightly, of drawing more attention from class-action lawyers? It beats the alternative, said Randall Miller, a corporate lawyer with Arnold & Porter. “You can’t blow off the NAD,” he said. “Because what might happen is something worse, namely that the NAD refers you to the FTC, the FTC opens an investigation and then the FTC finds a violation.” And that, he said, would “be trumpeted more loudly by the class-action lawyers” than even an NAD decision.

(Not So Settled: FTC Language Could Add Liability, Advertising Age, 3.11.13. You can read the whole story here. Subscription required. )

ERSP earns a great shout-out in the latest edition of “Electronic Retailer.”

As a supporter of ERA’s Electronic Retailing Self-Regulatory Program (ERSP), [Jeff] Meltzer says that the industry’s own watchdog group chooses several hundred cases or several spots every year to review to ensure reliable claims. “We are now one of the most highly regulated and highly visible industries on TV,” he says. “So it’s very difficult to cheat without being seen.”

(Electronic Retailing, March 2013. You can read the full story here.)

 

Information Law Group’s Alexis Payne discusses a recent NAD decision in ” Are You Getting Shortchanged? The NAD Examines ‘Cash Back’ Advertising Claims”.

In a recent challenge brought by Discover Financial Services LLC against Chase Bank USA LLC , the National Advertising Division recommended that Chase discontinue or modify certain advertising claims relating to cash back offerings under the Chase Freedom credit card.

(Information Law Group, 3.4.13. You can read the full story here.) 

 

 

Cosmetics Design addresses recent NAD findings in “ Competitor gripe sees Gillette in dock over misleading moisturizing razor claims”.

Gillette has been called to question by its fierce rival Energizer, over advertising claims made about its Venus & Olay brand razors and certain moisturizing messages conveyed.

(Cosmetics Design, 2.26.13. You can read the full story here.) 


Advertising Age explores the latest decision of the Online Interest-Based Accountability Program, which found that Facebook has taken meaningful steps toward  increased consumer transparency and choice.

On the face of it, the move is progress for the industry’s most pervasive self-regulatory ad privacy program. However, whether the implementation satisfies the original mission of the Digital Advertising Alliance program is up to debate.

(Advertising Age, 2.4.13. You can read the full story here. Subscription required.)

Furniture Today examined a recent NAD decision in “Serta to drop Tempur-Pedic comparison claims”.

Serta said it will discontinue comparative advertising claims it has made about the performance of its iComfort line as compared with Tempur-Pedic sleep sets.

(Furniture Today, 1.23.2013. You can read the full story here.) 

Law360′s Joshua Alson addresses NARB’s most recent decision in “Ad Regulator Urges Ocean Spray To Halt Campbell’s Claims”

 The National Advertising Review Board recommended Thursday that Ocean Spray Cranberries Inc. stop making claims in its television commercials suggesting Campbell Soup Co.’s V8 vegetable juice tastes inferior to Ocean Spray’s cranberry juice and contains especially high levels of sodium.

 

(Law360, 12.06.12. You can read the full story here. Subscription required.)

Adweek’s Katy Bachman explores FTC’s increasingly rigorous approach to consumer protection:  ”Putting Brands in Their Place FTC’s David Vladeck leads the charge in the feds’ crackdown on deceptive ads”

Three years ago, right after joining the Federal Trade Commission as director of the Bureau of Consumer Protection, David Vladeck stood before the ad industry’s self-regulatory group at its annual conference to lay down an aggressive agenda.

There’s no question you need scientific evidence to back up claims,” Says ASRC’s [Lee] Peeler “The question is: Is the standard being set by the FTC too high?

 

(Adweek, 11.13.2012. You can read the full story here)

Here’s the The Washington Post’s  take on  CARU’s decision re: IHOP.

Last spring, the International House of Pancakes launched an online children’s game that was inspired by the Dr. Seuss classic “The Lorax.” IHOP appeared to be serving up a hearty portion of advertising to children, too.

That was the conclusion of the ad industry’s own standards police, the Children’s Advertising Review Unit, which said IHOP’s placement of menu items and its logo within the game made it too much like a commercial. The panel recommended last month that the firm disclose its marketing intentions to its young users.  (You can read the story here.)

Consumer Reports is following issues recently in front of NAD:   “Generac and Kohler in power struggle over generator claims.”

Besides being located less than 75 miles apart in Wisconsin, Generac and Kohler have another thing in common. Both had their hands slapped last week by the National Advertising Division … .

Advertising Age examined recent decisions released by the Online Interest-Based Accountability Program in “Industry Group Calls out Kia for Not Disclosing Behavioral Ads. ”

“Our objective was not to single out any one player in the ecosystem but to bring the whole ecosystem into compliance,” said Genie Barton, director of the Online Interest-Based Advertising Accountability Program, which is part of the Advertising Self Regulatory Council and Council of Better Business Bureaus.

(Advertising Age, 10.01.12. You can read the full story here.  Subscription required.)

The Financial Times explored the implication of a new decision by ASA Australia regarding Facebook.

Though the decision will have varying implications on other individual countries, it points to a lack of consensus among global regulatory bodies over the dividing line between responsible advertising and free speech.

That inconsistency could have a chilling effect on advertisers’ willingness to use social media sites, said Andrea Levine, director of the National Advertising Division.

(Financial Times, 8.12.12. You can read the full story here.)

 

NAD’s decision regarding advertising certain advertising claims made by Oracle was widely reported.  Alex Williams, TechCrunch, noted:

Oracle is stopping a marketing campaign attacking IBM in wake of a national advertising board‘s recommendation that the company made false claims when comparing its Exadata technology to competing IBM products.

It’s the second time in four months the National Advertising Division (NAD)  has taken action against Oracle for making false claims when comparing its Exadata products to IBM’s technology.

(TechCrunch, 7.25.12. You can read the full story here.)

NAD’s findings in a recent credit card cases were addressed at  Time Magazine’s “Moneyland” blog.

“Look out for spending thresholds — and slippery language. Fine print alert: The Advertising Self-Regulatory Council’s National Advertising Division recently recommended that Discover Financial Services LLC modify its claim that cardholders can earn “up to 1%” cash back in its advertisements. The Council says Discover needed to be clearer about the fact that cardholders have to spend $3,000 each year before they get 1% cash back, and that those first $3,000 earn a measly 0.25% reward rate. So if an offer says you can earn “up to” a certain percentage back in rewards, find out exactly what that means.”

(Moneyland, 6.22.12. You can read the full story here.)

Tony Romm, Politico, has an interesting take on the Accountability Program. His story is available at http://www.politico.com/technology/ (Subscription required.)

 

“Consumers benefit with greater information and clearer choices about how their information is used, and the advertising industry benefits by building greater consumer trust and engagement in the Internet space,” said Genie Barton, director of the enforcement program, which oversees the rules established by the Digital Advertising Alliance.

(Politico, 5.30.12)

AdWeek’s Jessica Seigel took a long, interesting look at the use of photo enhancements to cosmetics advertising. You can read the story here.

After a decade of deafening criticism, capped by the American Medical Association condemning unrealistically retouched models as a public health hazard in 2011, digital doctoring may be entering a new age of regulation. In a pivotal decision, the National Advertising Division …  late last year found that a CoverGirl mascara ad featuring singer Taylor Swift was not “truthful and accurate” because her luxurious eyelashes were enhanced with airbrushing. The finding represents “potentially a sea change,” says Terri Seligman, an advertising and marketing lawyer with Frankfurt Kurnit. “It appears there will be a great deal more scrutiny of image.”

Perhaps fittingly, the precedent-setting NAD inquiry involves a high-volume beauty product worn by most women—not to mention one of the most digitally enhanced facial features in advertising. But public reaction to the NAD’s lash-stand was not exactly a big thank you. “The biggest criticism was, ‘Oh, finally, you noticed this has been going on forever,’” says [NAD Director Andrea] Levine, who had been on the lookout for beauty ads involving issues similar to high-profile cases in the U.K.

(AdWeek, 5.28.12)

AdWeek featured CARU’s decision re: Skechers Toning Shoes for Girls. You can read the story here.

Skechers, the fitness maker that just agreedto a $40 million settlement with the Federal Trade Commission over deceptive advertising charges, quietly pulled its toning shoe for girls from its product line.

Sometime while under investigation by the Children’s Advertising Review Unit—and likely considering the FTC’s $25 million settlement last September with Reebok over claims of false advertising for its toning shoes—Skechers stopped selling Active Club Shape-Ups for girls .

CARU this morning released the findings of a yearlong investigation that Skechers ads and packaging for the girls’ toning shoes was misleading and implied the shoes would make a girl more popular and more fit.

(AdWeek, 5.17.12)

Advertising with 
integrity at Chipotle

Earlier this year, Chipotle Mexican Grill showed its short film “Back to the Start” during the Grammy Awards telecast, and the company estimated it generated 150 million media impressions — akin to a Super Bowl ad.

The two-minute film has no spoken words, simply Willie Nelson singing a Coldplay song. But it illustrates Chipotle’s commitment to sustainable farming methods and, by extension, the fast-casual chain’s efforts to serve only naturally raised meats. But can Chipotle substantiate that advertising claim? Actually, yes, said the National Advertising Division, or NAD, the investigative arm of an advertising industry self-regulatory council administered by the Council of Better Business Bureaus. NAD routinely monitors such spots to hold advertisers accountable for any claims made … .

(Nation’s Restaurant News, 5.14.12)

The Advertising Age Regulation Edition, published 4.23.12, features strong content on advertising industry self-regulation, including articles on the self-regulatory system’s new brand identity, CARU’s pre-screening process, the work of the National Advertising Division and Children’s Food and Beverage Advertising Initiative, and a first-person column from Julie Coons, ASRC Board Member and President and CEO of the Electronic Retailing Association.

NARC Nixed; Name Changed to Advertising Self-Regulatory Council
Adland’s Self-Policing Unit Opts for Clear Name

Do you know what NARC is and what it does?

Don’t feel bad if the answer is no. Despite having been around for 40 years, the National Advertising Review Council faces a perennial lack of awareness from both inside the Beltway and on Madison Avenue. In a bid to be unambiguous about its purpose, the organization has renamed itself the Advertising Self-Regulatory Council.

The industry’s need to self-regulate is crucial when Congress has expressed interest in everything from online privacy to childhood obesity—areas in which the ASRC and its subgroups have been active.

“We cannot just hide and hope the benefits of self-regulation are understood within the industry,” said Bob Liodice, president-CEO of the Association of National Advertisers and ASRC board director. “The reality is that many in the marketing ecosystem” have not grasped it, he said.

Eric Mower, chairman-CEO of Eric Mower & Associates and ASRC board chair, said that a “critically important” part of the rebranding will be a more consistent marketing and communications effort.

More Companies Turn to CARU to Pre-Screen Ads Targeting Kids
Lego, Others Find It Easier and Cheaper to Clear Creative Ahead of Time

To avoid expensive mistakes and reprimands, more marketers are turning to the Children’s Advertising Review Unit for assistance ahead of time.

It’s called “prescreening” in industry parlance, and CARU is now doing it in 200 campaigns annually, compared with just a handful a few years ago, according to the unit, which oversees procedures established by the Advertising Self-Regulatory Council.

“It’s really caught fire,” said CARU Director Wayne Keeley. “By catching problems early on in these prescreens, we don’t open up as many cases because we’re basically finding issues and resolving them at earlier stages.”

But Wait, There’s More! Gaining Trust in the Direct-Response Realm
As Industry Has Grown, So Has Need to Police Marketplace for False Advertising Claims
By: Julie Coons, President and CEO, ERA

The direct-response industry has some of the most colorful, entrepreneurial people in the world writing copy and millions of customers reading or watching those advertising claims.

We’ve come a long way since the days of the Flowbee (spinning blades to cut your hair and a vacuum cleaner to whisk away the mess — who wouldn’t want one?) and the beloved, much-parodied Ginsu knife infomercials. Even skeptical shoppers are fascinated by OxiClean’s side-by-side demonstrations and the incredible speed of the Slice-O-Matic.

A greater need to police the marketplace for false advertising claims has accompanied that growth. In 2004, ERA launched its own initiative, the Electronic Retailing Self-Regulation Program, to give honest advertisers a level playing field and to guide the uninitiated toward better practices.

NAD Decisions Become Fodder for Class-Action Lawyers
Though Meant to Fend Off Costly Litigation, Some Cases Are Leading to It

Class-action lawyers have historically focused on “big consumer concerns, like big tobacco, phen phen, asbestos, cleaning up the Gulf after the oil spill,” said NAD Director Andrea Levine. “It’s unfortunate that enough of the class-action bar is looking for cases that they would be moving into advertising. … Then the class action isn’t about fixing the advertising or protecting the public, but because there are so many sales and so many consumers that there’s money there.”

She said that she’s concerned the threat of class-action litigation may discourage advertisers from participating in NAD cases. “That’s a terrible thing for consumers, because they won’t have the benefit of having the advertising affected,” she said. “I’m hoping it’s not lucrative enough [for plaintiffs' attorneys] to encourage it to go a lot further.”

The Case of the Rise in Consumer Class-Action Suits, and What It Means
Trend Reveals More About the Legal Economy Than Nation’s Ad Industry
Byline: Chris Cole

As we have seen with the other class-action trends, the consumer-fraud rage will most likely pass. Businesses can help hasten its demise through coordinated efforts to enact legislation that makes it tougher for weak cases to survive.

They might even consider working with the FDA and other agencies to define commonly used marketing terms, such as “natural,” that have generated dozens of cases. Until then, marketers will have to buckle up and persevere through this risky territory.

National Ad Division Goes After Retouching of Beauty Ads
12.15.11
Post-production enhancement of beauty advertising has been standard operating procedure from the age of the air brush to the age of Photoshop, but an action seen by some as long overdue from the National Advertising Division of the Council of Better Business Bureaus against Procter & Gamble Co.could change that. Advertising Age (Subscription required)

Find the full text of the decision at the ASRC Online Archive.

Ad Industry Group Issues Guidelines on Facebook ‘Like-gating’
11.08.11
Facebook is looking to grow its ad revenue, now projected to reach $7 billion in 2013, according to eMarketer, but its advertising ecosystem is still the frontier from a regulatory perspective. Now a new decision by the Better Business Bureau’s National Advertising Division should offer guidelines for advertisers to follow when looking to drive up “Likes” on their fan pages.  Advertising Age (Subscription required)

Find the full text of the decision at the ASRC Online Archive.

NARC Moves to Enforce Industry’s Digital Privacy Standards
11.08.11
There was some fortuitous news for the advertising industry out of Washington Tuesday: At a time when the industry is trying to demonstrate to government regulators that it can police itself when it comes to protecting consumers’ privacy online, the National Advertising Review Council has successfully cited and resolved the first six cases regarding noncompliance with its self-regulatory program.  AdWeek (Free of charge)

Find the full text of the decision at the ASRC Online Archive.
Advertisers release first self-regulation results
11.08.11
The self-regulation program set up by online advertisers to deal with reported privacy problems from within the industry has released the results of its first six compliance cases. The Online Interest-Based Advertising Accountability Program, which was set up in August, determines whether or not reported businesses are complying with its self-regulatory Principles for Online Behavioral Advertising created by the National Advertising Review Council. The Better Business Bureau oversees the program.  Washington Post (Registration required)

Find the full text of the decision at the ASRC Online Archive.
Social media help fair traders spread philosophy, spur sales
11.04.11
Much like organics labeling, the “fair trade” label is ambiguous enough that major companies often boast on products that fail to meet the required standards. The self-regulatory National Advertising Division of the Council of Better Business Bureaus has called on TransFair USA, which licenses Fair Trade seals, to make clearer what the term means.  Chicago Sun-Times (Free of charge)

Find the full text of the decision at the ASRC Online Archive.
Reebok to Pay Settlement Over Health Claims
9.29.11

More dashed hopes for those seeking a perfect derrière — and the once highflying industry of toning shoes and clothing that promotes such ambitions.  NYT (Subscription required)

Find the full text of the decision at the ASRC Online Archive.

Reebok Agrees to $25M Settlement Over Butt-Shaping Shoes
9.28.11

The Federal Trade Commission announced today that Reebok has agreed to a $25 million settlement to resolve charges that it deceptively advertised toning shoes and apparel. The marketer began advertising EasyTone products in early 2009, followed by a series of products with names such as RunTone and TrainTone.  Advertising Age (Subscription required)

Find the full text of the decision at the ASRC Online Archive.