NARB Recommends Benefiber Discontinue “100% Natural” and “Clinically Proven” Claims, But Finds “Helps You Feel Fuller Longer” Claim Supported
703-247-9330 / press@bbbnp.org
New York, NY – October 22, 2020 – A panel of the National Advertising Review Board (NARB), a division of BBB National Programs, recommended that GlaxoSmithKline Consumer Healthcare, LLC (GSK) discontinue “100% natural” and “clinically proven to curb cravings” claims for Benefiber Original and Benefiber Healthy Shape (Benefiber). However, the panel determined that GSK provided a reasonable basis for its claim that Benefiber “helps you feel fuller longer.”
The advertising at issue had been challenged by The Procter & Gamble Company (P&G) before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6366), GSK appealed NAD’s findings regarding these claims.
The sole ingredient in Benefiber is wheat dextrin. The panel concluded that, if the process by which wheat dextrin is manufactured were explained to consumers, they would likely not view the product as “100% natural.” Therefore, the panel determined that GSK’s “100% natural” claim is not supported and recommended that it be discontinued. The panel noted, however, that its conclusion regarding the “100% natural” claim “should not be interpreted as prejudging a more limited or qualified use of ‘natural’ that might be supported by the evidence.”
With regard to GSK’s satiety claim that Benefiber is “clinically proven to curb cravings,” the NARB panel noted that a “clinically proven” claim for a product offered to provide health benefits is a strong claim that should be supported by robust evidence from clinical studies. The panel concluded that GSK’s “clinically proven” claim is unsupported and should be withdrawn because each of the seven clinical studies relied on by GSK were subject to valid criticism as to whether they constituted a “good fit” for the claim.
However, the panel determined that GSK’s second satiety claim, “help you feel fuller longer,” is supported. The panel noted that the claim is qualified by use of the word “helps,” and concluded that the results of the seven clinical studies relied on by the advertiser, taken as a whole, are supportive of this more limited claim.
GSK stated that it will comply with NARB’s decision. GSK further stated that while it “respectfully disagrees with NARB’s determination that the ‘100% Natural’ claim is not substantiated . . . GSK appreciates the NARB’s recognition that GSK can make a more limited or qualified ‘natural’ claim that is supported by the evidence.”
###
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 87 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”
National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal
New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.
National Advertising Division Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported
New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, the National Advertising Division determined that Move provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.