The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more than 50 percent by buying Aldi brands instead of name-brand products at other grocery chains. Texas-based HEB Grocery Co. first challenged print ads published in Houston then later added a challenge to print advertising outside Texas as well as in Facebook and YouTube ads. HEB challenged whether the ads “adequately informed the consumer of the basis of comparison and whether the advertiser’s broad savings claims were supported.” NAD found that where percentage savings claims did disclose the basis of comparison, the “disclosures were vague and nonspecific” and did not clarify that the achieving the advertised savings would require switching from name brands to Aldi’s house brands. Further, NAD found insufficient evidence to support Aldi’s claims that consumers would “always” save up to 50 percent. Aldi will…
Category Archives National Advertising Division
Even if Kauai Coffee pods are “certified 100% compostable,” as its ads claim, the National Advertising Division (NAD) says the company does not make clear to consumers that the pods can only be composted in industrial facilities rather than backyard compost piles. NAD has recommended that Kauai discontinue existing print and website advertising or modify it to “clearly and conspicuously disclose” that the single-serve pods are only compostable in certain facilities. The ad board confirmed that the pods have been certified by the Biodegradable Products Institute, the official agency for recognition of compostable products, but noted that the lack of disclosure may be a violation of the Federal Trade Commission’s Green Guides. Issue 635
After reviewing a challenge by the maker of Gerber baby foods, the National Advertising Division (NAD) has recommended that Beech-Nut Nutrition discontinue several advertising claims but rejected complaints that Beech-Nut’s ads implied its baby foods are fresh. NAD warned Beech-Nut against use of the term “coldpuree” unless it “conspicuously” explains that foods are cooked after they are pureed cold. It also recommended that Beech-Nut stop making unsupported claims that “glass is the ultimate in sustainability” and that “glass is nature’s safest container.” Beech-Nut challenged NAD’s jurisdiction, arguing that most of the ads are no longer used, but NAD rejected the challenge and noted that the challenged claims continued to appear on Beech-Nut’s website, in a YouTube video and on product packaging. Issue 632
Slim-Fast Foods Co. has ended its “100 Calories Snacks” advertisements appearing in Star magazine after the advertising industry’s self-regulation investigative unit, the National Advertising Division, determined that the format of the ads could mislead consumers into believing they were part of the publication’s editorial content. The cover of Star featured “what appeared to be an article on weight loss that claimed, ‘Joann LOST 40 lbs’ and ‘snack away the weight,’” which directed readers to a page with a piece titled “Snack Your Way to Slim” that detailed three women’s efforts to lose weight and how Slim-Fast snacks supposedly helped. Slim-Fast has reportedly agreed to discontinue the advertisements at issue as well as the advertising format. Issue 626
Bompas & Parr has reportedly discontinued its “Anti-AGin Gin” after the National Advertising Division requested substantiation for claims that the product was “the alcoholic equivalent of a facial.” The company claimed the product “rejuvenates the skin while you drink” and was meant “for people who want to stay young but don’t want to give up alcohol.” The ingredients—including “drinkable collagen,” chamomile, witch hazel oil and green tea—were advertised as having skin-nourishing or healing properties. The product’s launch was reportedly accompanied by a press release calling it “a cheeky thank you” to Warner Leisure Hotels’ guests “for keeping our hotels fun and young.” The ad board noted that “humor does not diminish an advertiser’s obligation to make truthful and accurate advertising claims.” Bompas & Parr indicated that the product is no longer for sale and will not be reissued. See Advertising Self-Regulatory Council, May 26, 2016. Issue 606
The National Advertising Division (NAD), an arm of the advertising industry's self-regulation system, has concluded Saputo Cheese, USA, Inc. can support its claims that its string cheese is "natural" and "low-moisture part-skim mozzarella cheese" despite challenger Lactalis American Group’s argument that Saputo’s products contain artificial phosphate and fillers. Lactalis argued Saputo's products do not comply with the U.S. Food and Drug Administration's (FDA's) standard of identity for "low-moisture part-skim mozzarella cheese" and the products could not be "natural" as their packaging asserts because of the addition of phosphate. Saputo argued phosphate occurs naturally in cheese and the existence of phosphate did not necessarily prove the company added synthetic phosphate. In its determination, NAD acknowledged that it did not have the authority to deem something "misbranded" under FDA's regulations but noted that the products seemed to fit the standard of "low-moisture part-skim mozzarella cheese" because they contain 30 to 45 percent…
The National Advertising Division (NAD), an investigative unit of the U.S. advertising industry’s system of self-regulation, has referred to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) an ad campaign for Danisa “Traditional Butter Cookies,” which are manufactured by the Mayora Group in Indonesia and distributed by Takari International, Inc. NAD evaluated the campaign in April 2015 after Campbell Soup Co. challenged several aspects of the product’s marketing, including the claim that the cookies are “produced and packed in Denmark” and “baked following the original recipe from Denmark,” as well as the use of Scandinavian imagery. Further, Campbell argued that FDA requires any product labeled as “Butter Cookies” to use only butter as a shortening ingredient, but multiple independent studies have shown the presence of a non-butter fat ingredient in the Danisa product. Takari International argued it could not be liable for packaging claims or discrepancies…
After a review by the National Advertising Division (NAD), the advertising industry’s self-regulation investigative arm, Gobble, Inc. has agreed to discontinue claims that packaging for its meal-delivery services is “eco-friendly.” NAD requested substantiation for several claims appearing on Gobble’s website, including the company’s use of “insulated liners that are biodegradable so that you can dispose of them in your trash with minimal impact on the environment.” In response to the inquiry, Gobble stated it would permanently and voluntarily withdraw its packaging claims of biodegradability and eco-friendliness, but noted it had a good-faith belief that the claims were true when first publishing them. Issue 585
In an appeal from a National Advertising Division investigation initiated by Hill’s Pet Nutrition, a National Advertising Review Board (NARB) panel has recommended that Blue Buffalo Co. cease implying that other pet food manufacturers are “fooling” their customers on pet food nutrition. They found that the message of “fooling” was expressly or impliedly in several of Blue Buffalo’s advertisements without support. In addition, the NARB panel recommended that Blue Buffalo change its “True BLUE Test” chart on its website because it “reasonably conveyed the inaccurate message that the absence of checkmarks for a manufacturer meant that all of that manufacturer’s pet food products had specified ‘undesirable’ ingredients and none of that manufacturer’s pet food products has specified ‘desirable’ products.” The chart includes lines indicating that a brand’s products either always or never contain particular ingredients, and NARB found that the phrasing, though accurate, could imply inaccurate information to consumers. For…
The National Advertising Division (NAD) of the Council of Better Business Bureaus’ Advertising Self-Regulatory Council (ASRC) has recommended that Chobani, Inc. cease airing what it called “Farmland” commercials, “the centerpiece of the company’s campaign to promote its ‘Simply 100’ Greek yogurt.” A rival yogurt company challenged a number of Chobani TV ads that “featured two ‘farm’ settings—a synthetic farm where ‘other 100-calorie yogurts’ were made from the contents of test tubes and plastic cows were filled with powdered chemicals and a real farm with boxes of fresh fruit and live cows.” While the ads did not name other yogurt makers or products, the challenger contended that the message conveyed was that its products do not contain real fruit; they are made with fake milk or milk with chemical additives; its Greek yogurt is “entirely artificial, and unwholesome, unhealthful, and/or harmful to consumers”; and Chobani’s product is the best-tasting 100-calorie Greek…
