National Advertising Review Board Recommends Merck Animal Health Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs
703-247-9330 / press@bbbnp.org
New York, NY – May 05, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Merck Animal Health discontinue its “Best in Show” commercial for Bravecto brand flea and tick preventative based on the NARB panel’s finding that the 30-second commercial reasonably communicates an implied misleading and unsupported message that a rival company’s NexGard brand flea preventative fails to protect against fleas for twelve weeks because of a lack of efficacy.
The advertising at issue had been challenged before the National Advertising Division (NAD) by Boehringer Ingelheim Animal Health USA Inc., maker of NexGard. Following NAD’s decision ( Case No. 7029), Merck Animal Health appealed NAD’s recommendation that it discontinue its 30-second “Best in Show” television commercial.
In agreement with NAD, the NARB panel determined that Merck Animal Health’s commercial in its current form is not sufficiently clear in conveying that Bravecto’s longer-lasting performance in preventing fleas as compared to NexGard is due solely to the fact that Bravecto is a chew designed to last 12 weeks, while NexGard is a chew designed to last for one month.
The NARB panel found that this lack of clarity results in a reasonable interpretation by consumers that the NexGard single-dose product failed to continue working through the 12-week time period portrayed in the commercial because it is less efficacious, a claim which both parties agree is not supported. The panel noted that there is nothing in the record to indicate that NexGard when used as directed with monthly dosing is less effective than Bravecto at preventing fleas and ticks over a 12-week period.
For these reasons, the NARB panel recommended that Merck Animal Health discontinue its 30-second “Best in Show” advertisement.
The NARB panel also found that nothing in the NAD decision prevents Merck Animal Health from advertising a truthful message that a single dose of Bravecto is designed to last 12 weeks compared to NexGard’s one-month dosing design, and any benefit that may come from that, such as convenience to pet owners.
Merck Animal Health stated that it “will comply with the NARB’s decision.” The advertiser further stated that it “respectfully disagrees with the majority’s ruling that the Bravecto 30 second ‘Best in Show’ commercial reasonably conveys a message other than that one dose of Bravecto has a longer duration of action than a dose of NexGard. Nonetheless, Merck Animal Health will consider the NARB’s recommendations in future advertising.”
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.
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
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”
National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal
New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.
National Advertising Division Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported
New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, the National Advertising Division determined that Move provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.