NAD Recommends Kimberly-Clark Discontinue Certain Leak-Protection Claims For Huggies, Following P&G Challenge

New York, New York – Jan. 11,  2010 – The National Advertising Division of the Council of Better Business Bureaus has recommended that Kimberly-Clark Corp. discontinue advertising claims that state its Huggies brand diapers provide “unbeatable” leak protection and “nothing stops leaks better.”

NAD, the advertising industry’s self-regulatory forum, examined the performance claims, following a challenge by Procter & Gamble Company, the manufacturer of competing Pampers products.   

NAD noted in its decision that the key evidence submitted in support of the claims was the result of home-use testing conducted from 2006-2008 on various Huggies and Pampers products.  NAD determined that the test methodology provided appropriate sample size, geographic diversity, length of study, and use of a diary questionnaire to assess which diapers leaked and where.

However, NAD noted that it was troubled that the home-use testing did not include either the advertiser’s Luvs brand diapers or private-label diapers – which together account for a significant portion of the market – or certain Huggies products on which the claims at issue were featured. NAD further noted that it was uncontested that certain of the challenger’s products have undergone design changes and that some of the advertiser’s products have been replaced by others. Finally, NAD noted that it was troubled by the statistical analysis of the test results.

Following its review, NAD determined that the evidence in the record was not sufficient to support the challenged broad and unqualified claims made regarding leakage and recommended that the claims be discontinued. 

Kimberly-Clark, in its advertiser’s statement, said the company respectfully disagrees with NAD’s findings. “However, notwithstanding our disagreement, Kimberly-Clark supports the self-regulatory process and appreciates the NAD’s efforts to resolve this matter.  We will take the NAD’s recommendations into account in developing future advertising,” the company said.

 

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 Refers Problem Pregnancy Center to the MA Attorney General and Social Platforms for Review

New York, NY – May 16, 2024 – The National Advertising Division (NAD) referred advertising claims made by Problem Pregnancy, a crisis pregnancy center, to the Massachusetts Attorney General and social media platforms after the company failed to respond to NAD's inquiry.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Compostability Claims for HoldOn Bags Supported; Recommends Others be Modified or Discontinued

New York, NY – May 16, 2024 – The National Advertising Division determined that HoldOn Bags has a reasonable basis to claim that its trash bags break down in compost environments, but recommended other claims be discontinued. 

Read the Decision Summary
Decision

Following National Advertising Division Challenge Aroeve Voluntarily Discontinues Certain Claims for HEPA Air Purifiers

New York, NY – May 15, 2024 – Following a National Advertising Division challenge brought by competitor Vesync Corporation, Antadi LLC d/b/a Aroeve Direct voluntarily discontinued certain claims for its HEPA air purifiers.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends pawTree Discontinue Salesforce Member Earnings Claims

McLean, VA – May 9, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that pawTree, LLC discontinue certain earnings claims made by salesforce members on Facebook, YouTube, TikTok, and LinkedIn.  

Read the Decision Summary