National Advertising Division Recommends Kimberly-Clark Discontinue Huggies “#1 Best Fitting Diaper” Claims and Modify Others

New York, NY – February 8, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that Kimberly-Clark Inc. (K-C) discontinue claims that Huggies is the “#1 Best Fitting Diaper” and modify its advertising to, among other things, avoid conveying that its diapers have a superior fit over all diapers on the market, including those sold by P&G under its Pampers brand.

The National Advertising Division (NAD) also concluded that the advertising did not reasonably convey that all Huggies brand diapers provide superior leakage protection.

P&G challenged K-C’s television commercials, print, digital media, and website claims that K-C’s diapers are the “#1 Best Fitting Diaper.” 

NAD concluded that some consumers may reasonably take away the message that the “#1 Best Fitting Diaper” claims are true of all Huggies diapers rather than the Little Movers or Little Snugglers products. NAD noted that K-C did not provide any evidence of the superior fit of Huggies-branded diapers other than Little Movers.

With respect to Little Movers, NAD determined that K-C’s study did not provide a reasonable basis for its #1 diaper fit claims and recommended discontinuance of the claims. 

NAD further recommended that K-C modify its advertising to avoid conveying the following messages:

  • All Huggies branded diapers provide a superior fit versus all diapers on the market.
  • Because Huggies diapers have the [“most curves”] [a “curved and stretchy fit”], they will provide a better fit/better conform to baby’s shape during wear, than other diapers on the market.
  • Because Huggies diapers have the [“most curves”] [a “curved and stretchy fit”] when stretched and laid flat they will provide a better fit/better conform to a baby’s shape during wear than other diapers on the market.
  • Huggies Little Movers diapers provide superior fit versus all diapers on the market.

 

Regarding leak protection claims, NAD determined that K-C’s commercial and website do not reasonably convey a message of superior leakage protection versus other products.

Some variations of the challenged #1 claim appear in the context of a side-by-side comparison of the Huggies diaper with a Pampers diaper. The comparison depicts an open   Huggies diaper next to a Pampers diaper. Curved dotted lines are drawn to the left and right of the Huggies diaper, highlighting its curved sides. 

While NAD determined that, independent of the #1 Diaper Fit claims, the display of the diapers side-by-side did not convey a superiority message requiring support on K-C’s website and in the Little Movers commercial, it recommended that K-C modify the side-by-side comparison so that the dotted lines are used to depict equivalent parts of each diaper. During the proceeding, K-C voluntarily agreed to modify the dotted lines that appear on the side-by-side comparison to more accurately represent the Pampers’ diaper absorbent core.

NAD further recommended that K-C modify the side-by-side comparison in the Little Snugglers commercial, with the claim that “only Huggies has the most curves to fit your delicate skin,” to avoid conveying the message that Huggies have a superior fit due to having more curves.

In its advertiser statement, K-C stated that it “will comply with NAD’s recommendations” and that it “respectfully disagrees with NAD’s conclusions related to the #1 fit claims.” 

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 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.

Read the Decision Summary
Decision

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. 

Read the Decision Summary
Decision

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.” 

Read the Decision Summary
Decision

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.

Read the Decision Summary