NAD Finds Energizer Can Support Certain Claims for ‘EcoAdvanced’ Recycled Batteries; Recommends More Prominent Disclosure of Recycled Content

New York, NY – Nov. 4, 2015 – The National Advertising Division has determined that Energizer Holdings, Inc., can support certain advertising claims for the company’s EcoAdvanced recycled batteries.

NAD recommended, however, that the advertiser more prominently disclose the recycled content of the product by weight when making claims that promote EcoAdvanced products as “recycled” or “made with recycled batteries.”

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

As part of its ongoing monitoring efforts, NAD requested substantiation for advertising claims that included:

• “It’s our biggest breakthrough yet. We’re taking worn out batteries and making them into something strong.  New Energizer EcoAdvanced.  The world’s first long-lasting battery made with recycled batteries. That’s positive energy.” 
• “Contain 4% recycled batteries for less impact on the environment.”
• “EcoAdvanced is our longest-lasting alkaline battery and the world’s first AA battery made with recycled batteries. Today, it contains 4% by total weight (which is nearly 10% of a key active ingredient).  It’s another step in our journey to bring performance and responsibility to the world.  That’s positive energy!”
• “Now enjoy performance for your most critical devices, while creating less impact on the planet. Energizer EcoAdvanced creates less impact on the planet by requiring less mining of virgin material and reducing the amount of batteries consumers need to power their devices resulting in less waste.”

NAD also considered whether the claims implied that EcoAdvanced batteries provide significant environmental benefits or are more environmentally beneficial overall than other batteries.

Following its review of the evidence in the record, including proprietary information provided on a confidential basis, NAD determined that the totality of evidence provided a reasonable basis for Energizer’s claims that its EcoAdvanced batteries produce less impact on the environment including, for example, that EcoAdvanced contain 4% recycled batteries “for less impact on the environment.”

NAD further determined that Energizer provided a reasonable basis for its expressly quantified claims that EcoAdvanced batteries are made with 4% recycled batteries (by weight).

With regard to Energizer’s claim that EcoAdvanced batteries are “The world’s first long-lasting battery made with recycled batteries,” NAD recommended that wherever the claim appears it should always be qualified by the recycled content amount of 4% either in the main claim itself or by a disclosure in immediate proximity to the triggering claim and in a font size and color that are easy to notice, read and understand.

NAD recommended that the advertiser, in print advertising and product packaging inserts, include the qualifying language in immediate proximity to the triggering claim (“EcoAdvanced “Isn’t 100% New”) and in a way that is as easy to notice, read and understand as the main claim.

The company, in its advertiser’s statement, said that “out of deference to NAD and respect for the self-regulatory process, Energizer will modify those certain advertising executions to address NAD’s concerns. Energizer appreciates NAD’s close attention to the record in this matter.”

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.