National Advertising Division Recommends Modified Disclosures for ForceFlex MaxStrength Trash Bag “25% More Durable” Claims; Glad Products to Appeal
New York, NY – April 4, 2024 – In a Fast-Track SWIFT challenge brought by Reynolds Consumer Products LLC, BBB National Programs’ National Advertising Division recommended that The Glad Products Company modify its “25% more durable” claims for Glad ForceFlex MaxStrength bags to include clear and conspicuous disclosures indicating the object of comparison is Glad’s own 13-gallon ForceFlex bags.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).
The challenged “25% more durable” claim appeared in various forms across Glad’s website, packaging, and internet search results. Reynolds argued that Glad’s “25% more durable claims” were misleading because the basis of comparison was not adequately disclosed.
NAD found that the disclosures associated with Glad’s “25% more durable” claims were not clear and conspicuous. Therefore, NAD recommended that Glad modify the claims to include clear and conspicuous disclosures that indicate that the object of comparison is Glad’s own 13-gallon ForceFlex bags.
During the proceeding, Glad agreed to voluntarily discontinue or modify the claim “Glad ForceFlex MaxStrength trash bags are 25% more durable and use less plastic than the competition.” Therefore, NAD did not review the claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued or modified.
In its advertiser statement, Glad stated that it “agrees to comply with NAD’s recommendations regarding the Glad ForceFlex MaxStrength search ads and website,” however it will appeal the portion of NAD’s decision regarding the product packaging because it “disagrees with NAD’s findings and recommendations.”
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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
National Advertising Division Recommends Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product
New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.
National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin
New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin.
In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products
New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.”
National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies
New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.