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 brought by competitor Mead Johnson & Company, LLC, BBB National Programs’ 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. 

NAD, however, recommended Kendal modify claims to disclose the product’s country of origin in certain contexts. 

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

Kendal manufactures certain Kendamil products in the United Kingdom (UK) from milk sourced from the UK and other European countries.  

Mead Johnson argued that Kendal’s use of a blue circular logo with nine gold stars on packaging for Kendamil infant formula and on its website conveys the misleading message that products made in the UK are made in the European Union (EU). 

NAD determined that Kendamil’s packaging reasonably conveys a supported message about the products’ origin. NAD noted that the flag logo appears in a context where the net impression is that products originate from the European continent as a whole, including the UK. Moreover, the UK is identified as the country of origin on the bottom of the packaging.  

However, NAD noted that Kendal’s US website displays the nine-star blue flag image without a specific country of origin identified (just references to Europe generally). Accordingly, NAD recommended that if any specific products are referenced in conjunction with statements about the products’ geographic roots and the flag logo, Kendal should clearly and conspicuously disclose that product’s particular country of origin.  

In its advertiser statement, Kendal stated that it is “grateful to the NAD for its determination that the use of the European Flag Icon on our infant formulas packaging is appropriate. We accept the NAD’s recommendation to provide further context when the European Flag Icon appears on the US website.”

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