National Advertising Division Recommends Dyper Modify Biodegradable Claims for Dyper Brand Diapers

New York, NY – January 31, 2023 – In a challenge brought by Kimberly-Clark Corporation, the National Advertising Division (NAD) of BBB National Programs determined that Dyper, Inc. provided a reasonable basis for claims that certain components of its bamboo viscose diapers are biodegradable but recommended that the claim be further qualified to make clear the circumstances in which the stated diaper components would actually degrade.

NAD also concluded that the claim Dyper’s “Feel more like yoga pants” was a fanciful claim and therefore did not require substantiation.

 

“Biodegradable” Claim

Kimberly-Clark challenged Dyper’s “biodegradable” claim, which appears in a colored chart on Dyper’s website highlighting four biodegradable components of a Dyper diaper: (1) bamboo viscose fiber nonwoven, (2) tissue, (3) chlorine-free wood pulp, and (4) film.

NAD determined that the challenged chart clearly and conspicuously indicates that only certain components of the diaper are biodegradable and the advertiser’s evidence establishes that these components are fully biodegradable. 

Although Dyper’s evidence established that certain components of its diapers are biodegradable, NAD determined that Dyper’s “biodegradable” claim as presented could still be misleading as to the ability of those components to degrade in practice.  

NAD, therefore, recommended that Dyper’s “biodegradable” claim be further qualified to make clear the circumstances in which the stated diaper components would actually degrade.

 

“Feel More Like Yoga Pants” Claim

NAD considered whether the claim that Dyper diapers “Feel more like yoga pants” is a superior softness and comfort claim. NAD determined that although the challenged claim evokes recognized attributes of yoga pants generally, reasonable consumers would not expect substantiation for such a claim. 

 

Other Claims

During the proceeding, Dyper voluntarily permanently discontinued several challenged environmental benefit claims. Therefore, NAD did not review these claims on the merits. 

In its advertiser statement, Dyper stated that it “will comply with National Advertising Division’s recommendations” and that it “appreciates the NAD’s recommendation that Dyper clarify the biodegradability of certain materials used in its products.”

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.

Contact: Abby Hills, Director of Communications, BBB National Programs

703-247-9330 / press@bbbnp.org

 

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

Decision

In National Advertising Division Fast-Track SWIFT Challenge Eagle Family Foods Voluntarily Discontinues “America’s Most Trusted” Claim

New York, NY – December 10, 2024 – In a BBB National Programs’ National Advertising Division challenge brought by Nestlé, Eagle Family Foods Group voluntarily discontinued its advertising claim that Borden brand evaporated and sweetened condensed milks are “America’s Most Trusted.”

Read the Decision Summary
Decision

National Advertising Division Recommends Beyond Air Discontinue or Modify Comparative Safety Claims for its iNO Products

New York, NY – December 9, 2024 – The National Advertising Division recommended that Beyond Air discontinue or modify the challenged comparative superiority safety claims for its iNO (inhaled nitric oxide) products.

Read the Decision Summary
Decision

National Advertising Division Recommends Teeth Whitening Claims for Oil Pulling Products be Discontinued; GuruNanda to Appeal

New York, NY – December 9, 2024 - The National Advertising Division recommended GuruNanda discontinue “natural teeth whitening” and “dazzle from first application” claims for its oil pulling and teeth whitening products. GuruNanda will appeal the "natural teeth whitening" claim decision.

Read the Decision Summary
Decision

NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims

New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.

Read the Decision Summary