National Advertising Review Board Recommends Dr. Squatch Discontinue Jukebox “Detergent” Claims; Finds Jukebox Soap “Natural” Claims Supported
New York, NY – November 22, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Dr. Squatch, LLC discontinue referring to products that may compete with its Jukebox Soap products as consisting of, containing, or being detergents. However, the NARB panel determined that Dr. Squatch provided a reasonable basis for its “natural” claims for Jukebox Soap.
Dr. Squatch’s Jukebox brand distinguishes itself from competing bars and cleansers as “real” soap made with natural ingredients. The advertising at issue had been challenged by Unilever U.S., Inc., manufacturer of Dove brand cleansers and body washes. Following a decision by the National Advertising Division (NAD) (Case No. 7195), Dr. Squatch appealed and Unilever cross-appealed.
Detergent Claims
In agreement with NAD, the NARB panel concluded that referring to competitive products as being or containing detergents communicates the unsupported message that competitive products are harsh to the skin. The NARB panel further agreed with NAD that consumers are not likely aware of the Food and Drug Administration’s (FDA) technical definitions, and accordingly, it is misleading for Dr. Squatch to refer to the FDA’s definition in referencing competing products as “synthetic detergents.”
Natural Claims
In agreement with NAD, the NARB panel concluded that Dr. Squatch provided a reasonable basis for its “natural” claims. In so finding, the NARB panel noted that:
- An analysis of consumer expectation is the proper standard for what is or is not natural.
- Saponification would be regarded by reasonable consumers as minimal processing, and therefore consistent with identifying the product as natural.
- Jukebox products are made almost entirely from natural or naturally derived ingredients.
Claims about Jukebox’s Leadership
In the underlying decision, NAD recommended that the statement “Who run the world? Girls” in conjunction with the statement “From our world-class natural perfumers and in-house artisan soap makers to our bubbly leadership, we’re a band of music & soap-lovin’ ladies” be modified to avoid conveying the message that Jukebox is a women-run brand. The NARB panel determined that NAD reached the correct conclusion on this issue.
During the appeal, Dr. Squatch presented the NARB panel with modified advertising in which the heading “Who run the world? Girls?” has been replaced with “Meet the Band.” The NARB panel concluded that the revised advertising communicates a different message than the claim language that had been challenged and is properly supported because it refers to the hands-on, directly responsible personnel who, based on the evidence, are primarily women.
Dr. Squatch stated that it “appreciates NARB’s careful review of the record in this appeal and will comply with the recommendations made by NAD and NARB in Jukebox's future advertising.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.
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.