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

Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims

McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary