National Advertising Review Board Recommends Merck Animal Health Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs

For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs

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

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
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary