NAD Recommends Reckitt Benckiser Discontinue Certain Challenged Claims for Dimensions Home Fragrance, Finds Certain Claims Supported
New York, NY – July 10, 2019 – The National Advertising Division recommended that Reckitt Benckiser discontinue certain challenged claims for Dimensions Home Fragrance, following a challenge by S.C. Johnson & Son, Inc., maker of Glade home fragrances and products. Reckitt Benckiser’s Dimensions Home Fragrance product is a personalized fragrance box containing a diffuser and/or fragrance refill that is shipped directly to a consumer’s home.
NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBBNP’s self-regulatory and dispute resolution programs.
The claims challenged by S.C. Johnson included, but were not limited to:
Express claims:
- “100% natural essential oils.”
- “Scent is the most impactful sense we have. It has the power to evoke deep emotion, enhance your mood, trigger a far beyond memory and reduce your anxiety.”
- “DISCOVER OUR AROMATHERAPY COLLECTION Scents crafted for your home wellness, with 100% natural essential oils.”
- Aromatherapy collection product names: “Sleep Aromatherapy Collection,” “Happiness Aromatherapy Collection,” “Energetic Aromatherapy Collection,” “Relaxation Aromatherapy Collection,” “Romantic Aromatherapy Collection.”
- Consumer rating of “4.5/5” stars.
Implied claims:
- Dimensions’ fragrances are 100% essential oils.
- Dimensions’ aromatherapy collections induce, or help to induce, energy, sleep, relaxation, romance, and happiness.
- Dimensions’ overall 4.4 out of 5 star product rating is based on independent consumer reviews.
S.C. Johnson also challenged claims appearing in a video about sourcing of the essential oils from Firmenich, one of Dimensions’ partners, which appeared on the advertiser’s website (the “Firmenich” video). The advertiser informed NAD in writing that it permanently discontinued the Firmenich sustainability video, as well as the express claims that accompanied it. Additionally, the advertiser represented to NAD that it had permanently discontinued the claim that an individual named “Zach” was the “Founder” of the Dimensions brand, and modified the claim, “In partnership with the world’s top perfumers, and developed with 100% natural essential oils, we deliver a tailored-to-you personal home fragrance box that you will love,” to remove the reference to “world’s top perfumers.” NAD, relying on the advertiser’s representations that the claims have been permanently discontinued, did not review the claims on their merits. However, the voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.
Reckitt Benckiser represented to NAD that it would modify its advertising so that the “100% natural essential oils” claim did not appear on its own, but rather as part of the longer claims, “crafted with 100% natural essential oils” or “infused with 100% natural essential oils.” However, NAD determined that even with this proposed qualifying language, using the quantified term “100%” before “natural essential oils” reasonably conveys the broad (and unintended) message that the products are not only 100% natural, but also 100% essential oils. Consequently, NAD recommended that the advertiser modify the claims, “infused with 100% natural essential oils” and “crafted with 100% natural essential oils” to avoid conveying the unsupported message that the fragrance in the products is made entirely from essential oils.
With regard to the claim for Reckitt Benckiser’s Aromatherapy Collection that “scent is the most impactful sense we have. It has the power to evoke deep emotion, enhance your mood, trigger a far beyond memory and reduce your anxiety,” the advertiser represented to NAD that it would revise the claim to remove “reduce your anxiety.” In this context, as modified, NAD determined that it was unlikely that a consumer would take away an objective product benefit message. In contrast, however, NAD determined that a consumer could reasonably understand the claim “scents crafted for your home wellness, with 100% natural essential oils” to mean that the fragrances in the Aromatherapy Collection will provide objective health (i.e. home wellness) benefits, and recommended that the advertiser discontinue this unsupported claim.
Further, NAD determined that the challenged product names, which include the words “Aromatherapy Collection,” are likely to be interpreted as express claims that the products deliver specific benefits based on an association with “aromatherapy” – a meaningful term that relates to an emerging area of science. Therefore, NAD recommended that the advertiser modify the product names (“Sleep Aromatherapy Collection,” “Happiness Aromatherapy Collection,” “Energetic Aromatherapy Collection,” “Relaxation Aromatherapy Collection,” “Romantic Aromatherapy Collection”) to avoid conveying the unsupported message that the fragrances will provide objective benefits with respect to “Sleep,” “Happiness,” “Energ[y],” “Relaxation,” and “Roman[ce].” NAD noted that it is not suggesting an entire product name change, but instead a modification of only the portion of the name that refers to “aromatherapy.”
NAD recommended that the advertiser discontinue the claim “4.4/5” stars or modify its advertising to clearly and conspicuously disclose that it is based on reviews from consumers who had received free or discounted products. NAD determined that disclosure of this information is necessary to avoid misleading consumers and noted that this determination is fact-specific because here, consumers who had received free or discounted products made up the majority of the reviews upon which the “4.5/5” claim was based. Therefore, the influence of these reviews on the overall rating is overwhelming.
Finally, NAD concluded that the advertiser had provided a reasonable basis for the claim “crafted by a master perfumer,” which was based on Reckitt Benckiser’s relationship with a fragrance company and its identification of a specific master perfumer with which it collaborated to create the fragrance collections used in the Dimensions line.
In its advertiser’s statement, Reckitt Benckiser stated that it “agrees to comply with NAD’s recommendations regarding advertising for its Dimensions Home Fragrance products.”
###
About BBB National Programs: BBB National Programs fosters trust, innovation, and competition in the marketplace through the development and delivery of cost-effective third-party self-regulation, dispute resolution and other programs. These programs were formerly administered by the Council of Better Business Bureaus. To learn more about industry self-regulation, please visit: BBBNP.org.
ASRC Programs are now part of BBB National Programs, Inc.: On June 1, 2019, the Advertising Self-Regulatory Council (ASRC) merged into BBB National Programs, Inc., a nonprofit organization that replaces the Council of Better Business Bureaus as administrator of national self-regulatory programs that include NAD, NARB, CARU, ERSP, DSSRC and IBA. BBB National Programs will assume all ASRC responsibilities, including setting policies and procedures for the programs. Program staff and operation will remain the same. You can find more information about these programs at BBBNP.org. As always, we thank you for your support for industry self-regulation.
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
NAD Finds Certain Claims for Mott’s Fruit Flavored Snacks Supported or Outside NAD’s Jurisdiction; Recommends General Mills Discontinue or Modify Other Claims
New York, NY – November 25, 2024 – The National Advertising Division recommended that General Mills discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.
In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy
New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.
NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims
New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”