NAD Finds sBioMed Can Support Certain Claims for Hospital Disinfectant Steriplex SD, But Recommends Advertiser Modify, Discontinue Certain Claims

New York, NY – Feb. 17, 2015 – The National Advertising Division has determined that sBiomed LLC, the maker of Steriplex SD disinfectant, can support certain claims for the product, but recommended the company discontinue references to “hospital studies” when claiming that Steriplex “kills the types of microorganisms” that can cause healthcare associated infections (HAIs.)

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

The claims at issue in this case were challenged by The Clorox Company, a competing manufacturer of disinfectants.

In response to NAD’s inquiry, sBiomed voluntarily modified certain comparative superiority and safety claims, including:

• “STERIPLEX provides the highest level of infection control available”
• “Unsurpassed efficacy. Superior Safety. Unrivaled decontamination”
• “[Steriplex SD] is the only EPA-registered C. difficile, Sporicide, Virucide, Tuberculocide and Fungicide that is practical for daily use”
• “Zero toxic fumes and corrosion”
• “STERIPLEX SD is the first and only Clostridium difficile sporicide and broad-spectrum, which has proven to be remarkably safe, completely non-fuming, non-corrosive and contains to bleach”

Further, the advertiser voluntarily discontinued the claims:

• “Its safety profile has been proven through rigorous testing and clearly differentiates STERIPLEX from competing disinfectants that utilize dated technology, are highly toxic and [are] environmentally unfriendly”
• “ . . . sustainable and environmentally friendly.” 

NAD noted in its decision that the modifications and discontinuances were necessary and proper.

NAD determined that sBioMed provided a reasonable basis for its claim that “STERIPLEX SD offers proven efficacy and has an EPA registered Category IV rating with respect to all routes of exposure, requiring no precautionary or first aid statements.”  However, NAD recommended that sBioMed discontinue the claim that “STERIPLEX SD is far more effective in denaturing DNA than bleach,” or modify it to clearly and expressly state the limited circumstances under which STERIPLEX SD has been shown to denature a greater quantity of concentrated DNA than bleach.

NAD determined that the advertiser provided a reasonable basis for its claim that STERIPLEX SD “kills the types of microorganisms that can cause HAIs.” However, NAD recommended that the advertiser discontinue its use of the descriptor “has been shown in hospital studies,” as the evidence relied on was not sufficiently rigorous to support an establishment claim.

The company, in its advertiser’s statement, said it would comply with NAD’s decision and appreciated “NAD’s thoughtful consideration of the alleged Steriplex SD marketing claims that were challenged in this proceeding by the Clorox Company.”