NAD Recommends Better Life Discontinue Challenged Claims for All-Purpose Cleaner Following S.C. Johnson Challenge

New York, NY – June 26, 2017 – The National Advertising Division has recommended that Better Life, the maker of cleaning products promoted as “natural,” discontinue advertising claims challenged by S.C. Johnson & Son, Inc., a maker of cleaning products, including Windex products.

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

SCJ challenged express claims that included:

  • “Did you know that any cleaning product with a disinfecting claim is classified as a pesticide by the EPA? These chemicals pose a serious risk to us, our children and pets every time we use them!”
  • Dyes – “Have been linked to cancer.”
  • Alcohol – “Respiratory and skin irritant.”
  • Synthetic Fragrance – “Toxic.”
  • Sulfates – “May contain 1,4-Dioxane, a possible carcinogen.”
  • Ethoxylates – “Linked to cancer and sterility.”

NAD also considered whether the advertising at issue implied that:

  • Other cleaning products are dangerous, unsafe and unhealthy to use and/or highly toxic to living things.
  • Cleaning products with formulas that contain the ingredients listed in the chart are dangerous, unhealthy and unsafe for use.
  • Products that use synthetic ingredients are dangerous, unhealthy and unsafe – no matter the formulation or quantity.
  • Products that disinfect are dangerous, unhealthy and unsafe for use.

NAD noted in its decision that the issue in SCJ’s challenge wasn’t the efficacy of the advertiser’s products, but whether the advertiser made unsupported or overly broad claims about the potential health and safety hazards relating to the use of competing products.

The challenged advertising, found at the advertiser’s website, included a video that featured a time-lapse demonstration of Gerbera daisies in five different bottles of all-purpose cleaner and a comparative chart and express claims regarding disinfectant cleaning products.

The challenger contended the claims at issue are falsely disparaging, unsupported and misleading.  Better Life argued that its advertising claims are truthful and accurate, and that they provide useful information to consumers.

Better Life’s time-lapse video show one Gerbera daisy in a bottle of Better Life all-purpose cleaner and four other daisies in competing products, including Windex Multi-Surface Anti-Bacterial. Over 24 hours, all of the daisies – except for the one in the Better Life bottle – wilt.

NAD noted in its decision that, in support of the claim that its cleaning product is less harmful to simple living things like flowers than other products, Better Life pointed to the fact that its product is the only one out of the five that does not “kill” the flower.  NAD was not persuaded that the demonstration was sufficiently reliable evidence of a difference in toxicity between the products when used by consumers as directed.  With regard to the reliability of the methodology, a disclosure at the end of the video expressly states that “this is not a scientific experiment,” and the advertiser did not present any additional information about the manner in which the testing was conducted.  Further, Better Life did not provide NAD with any underlying evidence regarding the mechanism of action which would cause such a disparity in results.  NAD found that the video conveyed the unsupported messages that Better Life’s cleaner is less biologically harmful to living things like a flower due to its “natural” ingredients, and that Windex and other cleaning products with synthetic ingredients are less safe and more “toxic” to humans than Better Life’s “natural” product. NAD recommended that Better Life discontinue the video.

NAD further recommended that Better Life discontinue its use of the comparative ingredient chart or modify the chart to avoid communicating the unsupported message that competing products contain harmful, unhealthy, or dangerous ingredients.

NAD also recommended that Better Life discontinue its characterization of disinfectants as “killing agents,” as well as the statement “Did you know that any cleaning product with a disinfecting claim is classified as a pesticide by the EPA? These chemicals pose a serious risk to us, our children and pets every time we use them.”

Better Life, in its advertiser’s statement, said it would comply with NAD’s recommendations.

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

Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims

McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.

Read the Decision Summary
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