National Advertising Review Board Finds Glad ForceFlex MaxStrength Trash Bag “25% More Durable” Claims on Packaging Not Misleading

New York, NY – May 23, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, determined (one panelist dissenting) that The Glad Products Company’s “25% more durable” claim for Glad ForceFlex MaxStrength bags, as it appears on the packaging of 45- 34- and 20-bag sizes, is not misleading.

In the underlying National Advertising Division (NAD) challenge (Case No. 7309), Reynolds Consumer Products LLC argued that because Glad’s disclosures concerning the nature of the comparison were not clear and conspicuous, the “25% more durable” claim misleads consumers into interpreting the message as a claim of superiority compared to competing brands of tall kitchen bags. 

NAD recommended that Glad modify the claim to include clear and conspicuous disclosures indicating the object of comparison is Glad’s own 13-gallon ForceFlex bags. Glad accepted the decision for its search ads and website, however, appealed NAD’s recommendation that it modify its “25% more durable claim” on certain packaging.

Regarding the Glad ForceFlex MaxStrength packaging, the NARB panel majority came to a different conclusion from NAD. Two of the three panelists found that, in the context of the three packaging samples provided to the panelists (45- 34 and 20-bag sizes), Glad’s “25% more durable” claim is not misleading. All three panelists agreed that its conclusions are limited to the examined packaging and are not a comment on the more durable claim as it may be presented in other forms of advertising. 

Glad stated that it is “very pleased with NARB’s conclusion that its ‘25% More Durable*’ claim is not misleading as presented on its product packaging.”

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

Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities

New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.

Read the Decision Summary
Decision

National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims

New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends MONAT Discontinue Earnings Claims

McLean, VA – September 5, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended MONAT Global discontinue certain earnings claims made on the MONAT website and by salesforce members on Facebook, Twitter/X, Instagram, and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission

New York, NY – August 29, 2024 – The National Advertising Division referred HiSmile to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD’s recommendations.
Read the Decision Summary