NAD Recommends Morton Discontinue Certain Advertising Claims for System Saver II Water Softening Salt Pellets

New York, NY – May 2, 2013 – The National Advertising Division has recommended that Morton Salt, Inc., discontinue certain advertising claims for the company’s System Saver II water softening salt pellets. The claims at issue, published on packaging and in broadcast, print and Internet advertising, were challenged by Cargill, Incorporated, the maker of competing water softening salt pellets under the Diamond Crystal brand.

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

Water softeners treat “hard” water by removing minerals, including calcium and magnesium, by forcing hard water though a tank that contains “ion exchange resin beads” –beads that are charged to attract and hold on to calcium and magnesium ions as the water passes over them. As the beads become saturated with minerals, water softeners have a built-in system to flush the beads with salt brine, wash away the calcium and magnesium and “recharge” the beads so that they can again attract and remove hard water minerals.

This regeneration process requires the salt products sold by the challenger and advertiser.

In addition to calcium and magnesium, a water softener’s resin beads can also attract and pull iron ions from the water supply in a process referred to as “iron fouling.” Both parties offer products that add citric acid and other additives to their water softening salt to help remove iron during regeneration.

At issue were claims about the advertiser’s enhanced salt pellets, System Saver II, or SSII, including:

  •  “Extends Softener Life Up to 5 Years*”
  •  “Delivers up to 18% more soft water per pound of salt than plain salt pellets*”
  •  “Removes up to 12% more hard water minerals than plain salt pellets during regeneration*

Product packaging and some advertisements also carried the disclaimer:

  •  “*Assuming an average softener life of 10 years, based on external laboratory testing compared to plain salt pellets.”

To substantiate these claims, the advertiser provided the results of an extensive test conducted by an independent third-party laboratory.

Following its review of the evidence in the record, NAD determined that results of the advertiser’s testing, which utilized water containing atypically high levels of iron, were not sufficiently reliable to support unqualified superior performance claims targeted to the general public.

However, NAD acknowledged the testing could provide a reasonable basis for a more limited claim that, for consumers with high levels of iron in their water, using SSII rather than plain salt, could – over the life of a water softener – improve the appliance’s long-term performance and extend its useful life.

NAD further recommended that the advertiser discontinue its unsupported quantified claims “Extends Softener Life Up To 5 Years*,” “Delivers up to 18% more soft water per pound of salt than plain salt pellets.*,” and “Removes up to 12% more hard water minerals than plain salt pellets during regeneration.*”

Finally, NAD determined that the advertiser’s disclosure which included confusing language and appeared on the back of a 25-50 pound bag, was neither clear nor conspicuous and inadequate to support its advertising claims.

Morton, in its advertiser’s statement, said the company “will take the NAD’s decision into account in future research and advertising, and modify or discontinue the advertising statements as currently phrased.”

 

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 Recommends Oral Essentials Discontinue "Certified Non-Toxic" Claim for its Lumineux Mouthwash

New York, NY – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, the National Advertising Division recommended that Oral Essentials discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.” 

Read the Decision Summary
Decision

NARB Recommends T-Mobile Discontinue or Modify Commercial to Better Disclose Conditions of Free iPhone Offer, 20% Savings Claim

New York, NY – December 30, 2024 – A panel of the National Advertising Review Board (NARB) recommended that T-Mobile discontinue or modify its commercial to better disclose the material conditions of its free iPhone 16 Pro offer and its 20% rate plan savings claim compared to AT&T and Verizon. 

Read the Decision Summary
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