NAD Examines Advertising for Polycarbonate Composite Eyeglass Lenses; Finds Advertiser Can Support Challenged Claims

New York, NY – Nov. 12, 2015 – The National Advertising Division has determined that Transitions Optical, Inc. and Younger Manufacturing Company, makers of the “Transitions Signature VII Flat Top 28 Polycarbonate Composite Lenses,” can support advertising claims challenged by Vision-Ease Lens Worldwide, the maker of polycarbonate photochromatic lenses under the LifeRx trademark.

NAD is an investigative unit of the advertising industry’s system of self-regulation.  It is administered by the Council of Better Business Bureaus.

In response to NAD’s inquiry, the advertiser advised NAD in writing that certain claims were permanently discontinued prior to the initiation of NAD’s review. Given that assurance, NAD administratively closed its inquiry into those claims and turned its attention to the claims made in revised advertising for the product.

NAD reviewed claims that included:

  • “Transitions Signature VII Flat Top 28 Polycarbonate Composite Adaptive Lenses.”
  • “… traditionally, a polycarbonate FT28 lens has not been available with Transitions® technology … [u]ntil now…Younger Optics and Transitions Optical have developed a polycarbonate composite lens that incorporates a thin photochromic front surface bifocal layer made of Trivex —resulting in a lens delivering Transitions Signature VII performance in a product that is surfaced, polished, edged and dispensed just like a clear polycarbonate lens.”

The key issue before NAD was whether the advertiser could support its characterization of its product as a “polycarbonate composite” lens.

Following its review, NAD concluded that the advertiser’s use of the term “Polycarbonate Composite” would reasonably be understood by the target audience to be a lens comprised of distinct parts, combined to form the final product.

In this case, there was no evidence that consumers have been confused or misled and NAD declined to recommend that the advertiser change the name of its product.

Further, NAD concluded that the advertiser provided a reasonable basis for its description of its Transitions Signature VII Flat Top 28 adaptive lenses as “Polycarbonate Composite.”

Finally, NAD concluded that the advertiser provided a reasonable basis for its claim that its polycarbonate composite lens combines a segmented front surface made of Trivex offering Transition photochromic technology with a polycarbonate lens (with a refractive index of 1.59) that is surfaced, polished, edged and dispensed just like a clear polycarbonate lens.

In their advertiser’s statement, Transitions and Younger thanked the NAD “for its careful analysis of the arguments raised by the parties and its thorough understanding of the new and innovative technology comprising this product.”

Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.

 

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 Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary