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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.

Judge denies bail for men accused of sneaking Carlos Ghosn out of Japan

BOSTON — Two American men wanted by Japan on charges that they helped sneak former Nissan Chairman Carlos Ghosn out of the country in a box have again been denied release from a U.S. jail. U.S. District Judge Indira Talwani on Friday rejected a bid to free Michael Taylor, a 59-year-old U.S. Army Special Forces veteran, and his 27-year-old son, Peter Taylor, on bail while they fight their extradition to Japan. Talwani said a magistrate judge properly found the two men to be a risk of flight. “While the Taylors may well seek to remain in the United States to fight extradition through available legal channels, they have also shown a blatant disregard for such safeguards in the context of the Japanese legal system and have not established sufficiently that if they find their extradition fight difficult, they will not flaunt the rules of release on bail and flee the country,” Talwani wrote. An attorney for the Taylors declined to comment Saturday. Their lawyers have said the men have no plans to flee and argue their health is at risk behind bars because of the coronavirus pandemic. The Taylors have been locked up in a Massachusetts jail since their arrest in May. Authorities say the Taylors helped smuggle Ghosn out of the Japan on a private jet while he was on bail and awaiting trial on financial misconduct allegations. With former the Nissan boss hidden in a large box, the flight went first to Turkey, then to Lebanon, where Ghosn has citizenship but which has no extradition treaty with Japan. Ghosn said he fled because he could not expect a fair trial, was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions. Ghosn has denied allegations that he underreported his future income and committed a breach of trust by diverting Nissan money for his personal gain. The Taylors have not denied helping Ghosn flee, but argue they can't be extradited. Among other things, they say that “bail jumping” is not a crime in Japan and, therefore, helping someone evade their bail conditions isnÂ’t a crime either. In a court filing on Friday, federal prosecutors urged Magistrate Judge Donald Cabell to rule that the men can be legally extradited. The U.S. Secretary of State will make the final decision on whether they will be handed over to Japan.

Nissan slashes profit forecast as Ghosn arrest hurts brand appeal

TOKYO — Nissan cut its profit forecast for the fiscal year through March on Wednesday to reflect slowing sales, higher costs and the fallout from a criminal investigation of its former chairman, Carlos Ghosn. Nissan Motor Co. expects to post a 319 billion yen ($2.9 billion) profit for the fiscal year, marking a 22% drop from its earlier 410 billion yen ($3.7 billion) forecast. Nissan said the downgrade reflects higher costs in the U.S. from a warranty extension campaign for some vehicles and falling sales due to "corporate issues," alluding to the Ghosn scandal. Ghosn was arrested in November and is facing charges of underreporting his income and breach of trust. He says he is innocent. He was released on bail in March and is awaiting another court decision on bail after his re-arrest on April 4. Nissan, which is allied with Renault SA of France, has seen sales lag in France and Japan, where Ghosn is widely known. In the U.S. and China, buyers aren't as affected by the scandal, but the markets there overall have slowed. Other factors contributed to the revision, such as production not keeping up with demand for the Note, an extremely popular model in Japan. But the high-profile scandal has weakened the brand appeal of the maker of the Leaf electric car, Infiniti luxury model and X-trail sports utility vehicle. Nissan said it expects to sell 5.5 million vehicles in this fiscal year. Earlier it predicted it would sell 5.6 million. The company sold nearly 5.8 million vehicles in the fiscal year that ended in March 2018. The automaker reduced its sales outlook by 0.2% for the fiscal year through March 2019 to 11.5 trillion yen ($103 billion), compared to its previous forecast. It was Nissan's second downgrade for its outlook following one in February that cited faltering sales in China and the U.S. At that time, Nissan also logged costs about 9.2 billion yen ($83 million) related to the alleged underreporting of Ghosn's compensation. Nissan has promised to strengthen its corporate governance to prevent a recurrence of what it says is serious wrongdoing by Ghosn. Ghosn was sent by Nissan's French alliance partner, Renault SA, to help turn the Japanese automaker around when it was near bankruptcy 20 years ago. The future of the alliance is one of many questions clouding Nissan's future following Ghosn's ouster since he was the main liaison for the alliance, which includes smaller Japanese automaker Mitsubishi Motors.