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Nissan settles with FTC over misleading dune buggy ad [w/videos]

A couple years ago, Nissan created a series of commercials for its compact Frontier pickup showing the truck performing outlandish stunts such as snowboarding, saving a passenger airplane from a crash landing and climbing a steep sand dune to help a stranded dune buggy. As crazy as the first two commercials were, the Federal Trade Commission (FTC) took issue with the latter, titled Hill Climb, with the agency considering it to be a misleading commercial since both vehicles required a cable to reach the top of the steep dune.
As such, Ad Age is reporting that Nissan - and its ad agency TBWA Worldwide - has settled with the FTC over the ad despite the fact that it features a disclaimer stating: "Fictionalization. Do not attempt." Nissan did not have to pay out any money in the settlement, but it is prohibited "from using potentially misleading demonstrations in future advertisements for pickups." In addition to the offending commercial, posted below, we've included some of the other related videos from the same Frontier campaign.

Nissan to make 85% of the vehicles it sells here in US

We could be in for a big push from Nissan in the manufacturing realm if Vice President of US Sales and Marketing Fred Diaz has anything to say about it. Speaking to the Automotive Press Association recently, Diaz (above) expressed a desire to build some 85 percent of the vehicles Nissan sells to Americans in the US, claiming it will happen "in the very near future." Nissan has already moved to increase exports of its US-built products, and in 2013, it built just over 76 percent of the models it sold in this market within our country's borders.
"Any issues of us taking advantage of the value of the yen, we want to dispel that," Diaz told reporters, pointing out the contentious issue of currency manipulation. There's also the obvious goal of positive PR - Americans like things made in America, and they like companies that invest in America. Diaz is quick to point out that Nissan had done just that: "While a lot of people retrenched [during the recession], instead we leaned into it and we continued investing and in fact made over $5 billion in investments, bringing a lot of production from Japan to the United States and to Mexico," Diaz said, pointing out that Nissan has helped create 8,000 jobs through its investments.
Nissan runs three factories in the US, two in Tennessee and one in Mississippi. Between the three, production is up 22 percent, while the overall exports from the facilities have increased by 100,000 units, Diaz told reporters.

Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.