NAD Recommends P&G Discontinue Comparative Claim in Advertising for ‘Ultra Downy April Fresh’

New York, New York – May 27, 2011– The National Advertising Division of the Council of Better Business Bureaus has determined that Procter & Gamble Co. took proper action in voluntarily discontinuing a television commercial that included an unsupported message of product superiority for Ultra Downy April Fresh Liquid fabric softener. NAD recommended the company modify or discontinue another commercial that conveyed the same unsupported message.

The claims at issue were challenged before NAD, the advertising industry’s self-regulatory forum, by Sun Products Corporation, maker of Snuggle Blue Sparkle concentrated fabric softener. Key to NAD’s decision was the analysis of consumer-perception evidence presented by the challenger.

NAD examined claims that included:

  • “What if clean sheet day became clean sheet week?”
  • “New Ultra Downy April Fresh with Scent Pearls gives a whole week of freshness with just one wash.” 
  • “And from day one to day seven Ultra Downy April Fresh lets you climb into more freshness for 7 days than this other fabric softener.” (alongside a side-by-side visual of Ultra Downy April Fresh with a stack of seven sheets and Snuggle Fabric Softener with no sheets)
  • “Get More. Feel More.”
  • “Get More Freshness.”

At the outset of NAD’s review, P&G asserted that it had discontinued the first of the three broadcast advertisements challenged by Sun Products and, during the course of NAD’s review, the company discontinued the second advertisement.

NAD determined that the third commercial also conveyed the unsupported message that the challenger’s Snuggle’s fresh scent lasts for one day as opposed to the advertiser’s Downy which lasts for seven days and recommended the advertiser discontinue that the comparative message.

Procter & Gamble, in its advertiser’s statement, said that while the company has “some concerns with NAD’s conclusions regarding the survey data and the express and implied claims in the advertisement, we are strongly committed to the self-regulatory process, and will take NAD’s recommendations into account in developing future comparative advertising.”

 

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

In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim

New York, NY – January 8, 2025 – In a National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore, Behr voluntarily discontinued its “No Comparable Product” claim.

Read the Decision Summary
Decision

National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures

New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...

Read the Decision Summary
Decision

National Advertising Division Recommends Solawave Discontinue Certain Claims for its Advanced Skincare Wand

New York, NY – January 6, 2025 – As part of its routine monitoring process, the National Advertising Division recommended Solawave discontinue certain express and implied claims for its SolaWave Advanced Skincare Wand.

Read the Decision Summary
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