NAD Recommends P&G Discontinue “Pain Relief Within Minutes” Claim For “Crest Sensitivity Treatment & Protection Toothpaste”

New York, New York – Oct. 29, 2011 – The National Advertising Division of the Council of Better Business Bureaus Claims has recommended that Procter & Gamble discontinue advertising claims for Crest Sensitivity Treatment & Protection Toothpaste that promise “relief within minutes.”

The claims at issue were challenged before NAD, the advertising industry’s self-regulatory forum, by Colgate-Palmolive Company, a competing manufacturer of oral care products. 

NAD examined advertising claims that included:

  • “Relief within Minutes*”

*For Sensitivity relief within minutes, first brush sensitive teeth for 30 seconds each.”

  • “When used as directed [CST&P] provides relief from sensitivity pain within minutes…
  • “You’re only minutes away from lasting tooth sensitivity pain relief* with the Crest Sensitivity Treatment & Protection Toothpaste.  So you don’t have to wait to enjoy all your favorite hot and cold foods.” 

NAD noted in its decision that tooth pain affects millions of Americans and advertising claims that promise consumers pain relief  “within minutes instead of weeks (the expected time frame with most sensitivity toothpastes on the market) are particularly attractive to the target audience and require competent and reliable scientific support.”

In this case, the evidence before NAD included studies conducted by the advertiser and challenger and the guidelines that governed those studies.

Following its review of the evidence in the record, NAD found that while the advertiser’s studies were generally robust and well-designed, the results did not reflect near-immediate pain relief, a claim that communicates a far greater benefit to consumer than the studies’ results reflected. 

“While there is improvement in tooth sensitivity over time, with more clinically meaningful achievements at days three and after two weeks for both studies,” NAD noted, NAD determined that the totality of the evidence was insufficient to support the advertiser’s “relief within minutes” claims and recommended that they be discontinued.    

Procter & Gamble, in its advertiser’s statement, said that it would take NAD’s decision into consideration for future 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