National Advertising Review Board Recommends that Certain Claims for One Health Certified Poultry Products be Discontinued

New York, NY – June 28, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that One Health Certification Foundation (OHC), an Iowa non-profit responsible for the One Health Certified standard, discontinue certain animal welfare, antibiotic use, and environmental impact claims used on the OHC website and label.

The advertising at issue had been challenged by The American Society for the Prevention of Cruelty to Animals, a non-profit corporation, and the Antibiotic Resistance Action Center, an academic organization housed in the Milken Institute School of Public Health at George Washington University. Following NAD’s decision (Case No. 7129), OHC appealed NAD’s recommendations to discontinue specific claims regarding its animal care certification system.

In agreement with NAD, the NARB panel concluded that the claims at issue are misleading and determined that the OHC label conveys to reasonable consumers that OHC’s poultry care standards exceed industry norms, even though they are similar to industry standards. The NARB panel further found that the claims communicated by the label are not properly clarified through a link on the label directing consumers to its website for additional information.

The NARB panel recommended that OHC discontinue:

  • Certain express animal welfare claims as well as modify its label and website to avoid conveying that OHC-certified producers maintain the most, or one of the most rigorous animal welfare programs among chicken and turkey producers, or that OHC significantly exceeds industry animal welfare standards. 
  • “Antibiotic restrictions” and “responsible antibiotic use” claims as well as modify its label and website to avoid conveying that OHC-certified producers use antibiotics more judiciously than the industry standard and significantly exceed industry antibiotic use standards.
  • “Supports environmental stewardship classes in order to minimize the impact of animal production on the environment,” and its “environmental impact” claim as well as modify its label and website to avoid conveying that OHC exceeds industry standards for environmental stewardship, OHC-certified farmers and producers use environmentally friendly production practices, and OHC-certified producers do not employ production practices that are harmful to the environment.

 

OHC stated that it “believes the claims at issue in its NARB appeal clearly convey to consumers what the OHC program entails, and we respectfully disagree with the NARB’s finding that the claims are misleading. That said, OHC appreciates the NARB’s time and attention to this matter.” OHC further stated, “we intend to update OHC’s website in accordance with the NARB’s recommendations” and noted that it will “engage with USDA to ensure that the seal itself is truthful and not misleading, consistent with the NARB's recommendations.”

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

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.

Read the Decision Summary
Decision

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.”     

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal

New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.

Read the Decision Summary
Decision

National Advertising Division Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported

New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, the National Advertising Division determined that Move provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.

Read the Decision Summary