Controversial 9/11 ad pulled, agency says

By Jordana Ossad, CNN STORY HIGHLIGHTSAgency says controversial 9/11 ad will not run againThe stock photo of model and firefighter was alteredIn the original, Keiley was holding a helmet New York (CNN) -- A controversial 9/11 ad with an altered picture of a model firefighter holding a picture of the aftermath of the World Trade Center attack under the headline "I was there" will not be running again, according to the ad agency which was responsible for the ad.

Robert Keiley is the model in the ad and is a firefighter with the Fire Department of New York, according to John Barker, the president of ad agency Barker DZP. However he was not at Ground Zero right after the 9/11attacks in 2001; he became a firefighter with the FDNY in 2004.

"The intent of the ad is a positive one," Barker told CNN. "The ad was designed to tell people that there are funds available for people that were injured at Ground Zero."

The ad was for Worby Groner Edelman & Napoli Bern, a law firm known for representing injury claim cases.

Keiley signed a release when the stock photograph was taken in November and there were no restrictions about altering the photo, according to Baker. In fact, he said, the agency did not know who Keiley was or anything about him.

"At no time did we have any idea -- or could we have had any knowledge -- that the person in the photo, Robert Keiley, was an actual firefighter, much less a New York City firefighter. This unfortunate coincidence makes the ad into something we never intended it to be," he said.

"We feel absolutely terrible that there's this unfortunate incident that (Keiley) is a firefighter, that he actually had friends that were lost on 9/11," Barker said. "We deeply apologize to Mr. Keiley and deeply regret any offense to anyone."

In a statement issued later, Barker said, "We hold all firefighters in the highest regard, and believe all New York City firefighters are heroes. While our mistake was entirely inadvertent, we understand why the ad has caused hurt, we regret its use, and we accept responsibility.Our client was uninvolved in the selection of this photo and had no knowledge of any of these details. Out of respect for all parties involved, Barker/DZP has voluntarily withdrawn from this assignment."

Keiley's lawyer Keith Sullivan told CNN, "My client is opposed to the commercialization of 9/11 and is extremely upset that his image is being used for commercial gains by others."

Sullivan said that Keiley was holding a helmet in the original photo.

"I think the onus is on the ad company because they need to try to practice on being more sensitive," said John Feal, president of the non-profit organization FealGood Foundation, which aims to spread awareness and educate people about the health effects of 9/11 responders. Depictions of 9/11 are "so sensitive in the 9/11 community," he said.

Robert Keiley and Worby Groner & Napoli Bern were not available for comment.

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