NAD Reviews Claims, Disclosures for P&G Duracell Rechargeable Batteries following Energizer Challenge

New York, NY – Feb. 2, 2015 – The National Advertising Division has determined that Procter & Gamble has taken necessary steps to modify and/or discontinue a “50% longer” advertising claim made on product packaging for the company’s Duracell Rechargeable Batteries.

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

Energizer Holdings, Inc., a maker of competing products, contended in its challenge that the claim at issue – “50% Longer Lasting.*” as it appeared on the front of the package –conveyed the unsupported broad superiority message that the batteries lasted a 50 percent longer than all other rechargeable batteries on the market when used in all devices.

Further, Energizer noted, the disclaimer “*per charge vs. AA 1350 mAh within the first 200 cycles”, was located on the back of the package, and in such a manner that consumers were unlikely to notice or read it.

In response to NAD’s inquiry, P&G said that it was in the process of redesigning packaging for Duracell Rechargeable batteries and that it would, in conjunction with that initiative, modify its claim to read “50% longer lasting per charge” and include the disclosure text on the same packaging face as the claim. The company assured NAD that the change would be permanent and that it would not revert to the challenged execution of the claim and disclosure.

NAD noted in its decision that it appreciated the advertiser’s voluntary permanent discontinuance of the claim “50% Longer Lasting.*” and accompanying disclosure in its current form, as well as the company’s undertaking to redesign its product packaging—actions that NAD deemed necessary and proper.

P&G, in its advertiser’s statement, thanked NAD for its time and attention in reviewing this matter.  “P&G is pleased that the parties and NAD agree that the claim, as intended, is truthful, and will update the packaging to ensure it reflects the NAD’s recommendations.”

 

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 Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary