Hunton Retail Law Resource

This past week, several self-regulatory advertising decisions made retail headlines.

Finish Quantum Dishwasher Detergent Beaten by “Unbeatable” Claim

In response to a challenge brought by P&G, the NAD recommended that Reckitt Benckiser LLC, manufacturer of dishwasher detergent brand Finish Quantum, discontinue its claims that the detergent provides an “unbeatable clean.” After reviewing Finish Quantum’s test data, the NAD determined that the “evidence was not sufficiently reliable to support the challenged ‘unbeatable clean’ claim.” Finish Quantum can, however, continue use of its value claim that its product provides “25% more loads,” so long as the claim is qualified by adding the phrase, “based on retail pack size comparison” between Finish Quantum and leading alternatives such as Cascade Platinum. Reckitt Benckiser stated that it will comply with the NAD’s recommendations.

Huggies Appealing Recommendation to Discontinue Claim of Increased Sales to Hospitals

P&G, makers of Pampers diapers, also challenged Kimberly-Clark’s claims that “Huggies diapers is the fastest growing brand in hospitals.” Huggies based the claim on internal sales showing increased sales to hospitals, and therefore concluded that Pampers cannot retain market share if Huggies’ market share is increasing. The NAD did not agree with Huggies’ arguments or data, stating that the evidence did not meet the standard required to show a reasonable basis for the claim. Huggies stated that it believes that this finding is in error, and plans to appeal.

Cardio Miracle Asked The NAD To Take Claims on Faith

The NAD recommended that Evolution Nutraceuticals’ brand, Cardio Miracle dietary supplement, discontinue claims that their product will “Prevent or Reverse Heart Attack and Stroke.” Rather than produce studies on the benefits of Cardio Miracle that support the claim, Evolution Nutraceuticals provided evidence that there is a scientific consensus that ingredients in the supplement support cardiovascular and overall health. The NAD concluded that these studies were insufficient, and recommended that Evolution Nutraceuticals discontinue the claims. The company stated that while it stands behind its product, it will discontinue these claims.