Hunton Retail Law Resource

This past week, several self-regulatory actions made headlines that affect the retail industry.

NAD Finds Sherwin-Williams Claims Don’t Require Substantiation

In a challenge brought by Rust-Oleum Corporation, the NAD concluded that Sherwin Williams’s ads for its “CoverMaxx” spray paints did not require substantiation because they did not communicate a message of superior paint coverage. The NAD also found that the name, “CoverMaxx,” did not require revision because there was no reliable extrinsic evidence of consumer confusion.

Philips Oral Healthcare to Appeal NAD Recommendation Regarding Sonicare Electric Toothbrushes

After a competitor challenge, the NAD has recommended that Philips Oral Healthcare, LLC, discontinue certain claims related to the company’s Sonicare Electric Toothbrushes. Philips claimed in 15- and 30-second “Start Your Day” commercials that Sonicare has superior long-term plaque removal and oral health benefits and that there is a correlation between the sounds made by a brush and its efficacy. Philips will appeal the findings to the National Advertising Review Board.

Disney Channel Commercial Meets CARU Guidelines

The Children’s Advertising Review Unit (“CARU”) found Mattel’s “Minnie’s Sparkle n’ Spin Fashion Bow-tique” commercial complied with CARU guidelines. The commercial, which featured Minnie Mouse and friends, aired on Disney Channel during a television program featuring the same characters. CARU was concerned that the commercial may have violated guidelines regarding the blurring of advertising and program content. Host Selling Rules set by the FCC under the Children’s Television Act of 1990 prohibit airing commercial content featuring a character during or adjacent to a children’s program that features the same character. CARU ultimately determined that short-form programming that aired between the program and commercial was sufficient to separate it.

ERSP Refers Aspire Advertising Inquiry to FTC

The Electronic Retailing Self-Regulation Program (“ERSP”) is referring direct response advertising for Aspire, which is marketed by Digital Altitude, LLC, to the FTC due to the marketer’s failure to respond to ERSP’s inquiry. The advertising was challenged by an anonymous competitor.