NAD Finds Certain BodyArmor SuperDrink Claims Supported; Recommends Discontinuance of “The Only Sports Drink” Claims in the Challenged Ads

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New York, NY – September 30, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that certain social media videos for BodyArmor SuperDrink and BodyArmor Lyte sports drink, and a coordinating press kit, made supported comparative claims versus Gatorade products. However, NAD recommended that BodyArmor Nutrition, LLC discontinue claims in banner and in-store advertising that: 

• BodyArmor SuperDrink is “The only sports drink. No artificial sweeteners, flavors or dyes. Potassium packed electrolytes”; and  
• BodyArmor Lyte is “The only sports drink. Low calorie. No sugar added. No artificial sweeteners, flavors or dyes.” 

The claims at issue were challenged by Stokely-Van Camp, Inc. (SVC), maker of Gatorade brand sports drinks. 

After carefully reviewing the advertiser’s banner ads and in-store displays, NAD determined that one reasonable takeaway is the unsupported implied message that BodyArmor SuperDrink is the only sports drink that has no artificial flavors, sweeteners, and contains potassium packed electrolytes, and that BodyArmor Lyte is the only sports drink that is low in calories and contains no added sugar, artificial sweeteners, flavors, and dyes. Although NAD noted that in certain contexts “The Only Sports Drink” may be puffery because other sports drinks, including Gatorade’s, have these attributes, NAD recommended that the advertiser discontinue its claims that: 

• BodyArmor SuperDrink is “The only sports drink. No artificial sweeteners, flavors or dyes. Potassium packed electrolytes; and  
• BodyArmor Lyte is “The only sports drink. Low calorie. No sugar added. No artificial sweeteners, flavors or dyes.” 

NAD noted that the advertiser may make truthful and accurate claims about the content of its products as long as they do not convey any unsupported messages about other sports drinks. 

NAD also assessed two short videos on BodyArmor’s Twitter and Instagram accounts and determined that they do not reasonably convey any unsupported messages about the Gatorade flavors depicted in the videos or any other Gatorade product. Although SVC argued that consumers could take away a broader message about the full line of Gatorade products, NAD noted that the commercial compares a single Gatorade flavor, depicting and describing it in a way that limits the message to a single flavor. As a result, consumers would not reasonably take away a message about the full line of Gatorade products broadly. 

Finally, SVC challenged claims which appeared in a BodyArmor press kit that was sent to influencers and members of the media in connection with its “Dare to Compare” campaign. NAD noted that BodyArmor’s press kit accurately highlights the different ingredients in specific BodyArmor products and specific Gatorade products, and asks whether, based on those differences, they would like to “reconsider” their sports drink. NAD determined that the press kit did not reasonably convey any broader unsupported messages about the quality or performance of BodyArmor and Gatorade products.  

In its advertiser’s statement, BodyArmor stated that it will comply with NAD’s recommendations and noted that its advertising was intended to make truthful and accurate comparisons between specific flavors of BodyArmor and specific flavors of Gatorade, and that “BodyArmor is pleased that NAD agreed that BodyArmor’s [“Dare to Compare” press kit and its Twitter and Instagram] advertising achieved that goal.”   

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About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org. 

About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.