NARB Finds Glee Gum’s “Plant-Based,” “Made with Chicle,” “Natural,” Claims Supported; Recommends Discontinuance of “Plastic Free” Claims

New York, NY – October 20, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising decision body of BBB National Programs, has determined that Mazee, LLC has reasonable support for claims that its Glee Gum is “plant-based,” “made with chicle,” and “natural.” However, the NARB Panel recommended that the advertiser discontinue claims that Glee Gum is “plastic-free.”

The advertising at issue had been challenged before BBB National Programs’ National Advertising Division (NAD) by Perfetti Van Melle USA, Inc., a competing manufacturer of chewing gum products. Following NAD’s decision (Case No. 7077), the NARB Chair granted Perfetti’s request to appeal the NAD decision that the advertiser had provided a reasonable basis for its express “plastic-free” claims and that the claims did not reasonably communicate any implied falsely denigrating messages. Mazee then cross-appealed NAD’s recommendation to discontinue its “plant-based,” “made with chicle”, and “natural” claims.

The NARB Panel reviewed the evidence provided by the advertiser and concluded that Mazee has a reasonable basis for the express “plant-based,” “made with chicle,” and “natural” claims made on its product labels and website.

Regarding the evidence offered by the advertiser in support of these claims, the NARB Panel found that it was reasonable for the advertiser to rely on:

  • Representations by its ISO-certified and GMP-accredited gum base supplier that it provides Mazee with a gum base that is 94% chicle tree sap (the other 6% consists of candelilla wax and natural citrus acid); 
  • Carbon-14 testing conducted by an ISO-certified company that the Glee Gum base is bio-based as opposed to synthetic or petroleum-based;
  • Various certifications of the ingredients used in its gum products (e.g., Foodchain ID Non-GMO, Vegan, and Kosher);
  • Ingredient lists for each line of Glee Gum products that contain no artificial or synthetic ingredients; and
  • Representations from its co-packer that the production process does not alter the nature of the ingredients contained in Glee Gum products.

 

While the NARB Panel did not question the expertise and testing conducted by the challenger’s experts, it did not find that the testing’s results squarely refuted the reasonable support for the claims presented by the advertiser. 

However, the NARB Panel recommended that the advertiser discontinue its “plastic-free” claims based on the conclusion that such claims create unsupported implied messages that its product lacks plastic while other gums contain plastic, or that its product is more environmentally friendly than its competitors.

Mazee stated that it “is a supporter of the self-regulatory process and will comply with the NARB’s recommendation. The Advertiser would like to thank the NARB for their time in reviewing this matter.”  

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

 

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 Challenge Admire Aesthetics Voluntarily Discontinues Claims for Compounded Tirzepatide

New York, NY – January 23, 2025 – In a BBB National Programs’ National Advertising Division challenge brought by Eli Lilly, Admire Aesthetics voluntarily discontinued certain advertising claims for its compounded tirzepatide product.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Claims for Brainiac Applesauce and Gummy Vitamins Supported; Recommends Others be Discontinued or Modified

New York, NY – January 22, 2025 – The National Advertising Division determined that Ingenuity Brands provided a reasonable basis for certain claims for its Brainiac Brain Squeezers Applesauce products and BrainPack Daily Adult Gummy Vitamins, but recommended other claims be discontinued or...

Read the Decision Summary
Decision

National Advertising Division Recommends Procter & Gamble Modify or Discontinue Certain #1 Claims for Tide Free & Gentle

New York, NY – January 17, 2025 – The National Advertising Division recommended that P&G modify the claim “From Tide, the #1 brand used by dermatologists” when used in connection with imagery for Tide Free & Gentle and discontinue the related claim “From Tide, the #1 Trusted Detergent Brand for Sensitive...

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue “Families Can Save 20% Every Month Versus AT&T and Verizon” Claim

New York, NY – January 16, 2025 – In a Fast-Track SWIFT challenge brought by competitor AT&T, BBB National Programs’ National Advertising Division recommended T-Mobile discontinue its claim for 20% savings on monthly wireless services. 

Read the Decision Summary