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

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary