nSpire Says it Will Voluntarily Discontinue Claims for ‘Cherish’ Pads Following P&G Challenge

New York, NY – Oct. 25, 2017  – nSpire Network, LLC, has said it will voluntarily discontinue a wide range of health, safety and performance claims the company has made for its Cherish menstrual pads, following a challenge by The Procter & Gamble Company.

P&G challenged nSpire’s advertising claims, which appear in online ads and on product packaging, before the National Advertising Division. NAD is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus.

Claims challenged by P&G included:

  • “Tampons and pads with odor neutralizers and artificial fragrances are virtually a chemical soup, laced with artificial colors, polyester, adhesives, polyethylene (PET), polypropylene and propylene glycol (PEG), contaminants linked to hormone disruption, cancer, birth defects, dryness and infertility.”
  • “Cherish is FAR SAFER than ANYTHING on the market and WILL SAVE LIVES!
  • If you want to minimize all kinds of health issues like migraines, heavy cramps, uterine fibroids, vaginal itching & inflammation, cervical inflammation & cancer and others listed on the last page of nowweno.net/#products, then watch the video listed on the last image.”
  • “Infused with negative ions. Negative ions are inflammatory reducer. Negative ions in strip decrease cramps and kill bacteria so no more odor. No more cramps. No more odor. Thousands of testimonies. Balances the pH, builds the immune system, in every pad.”
  • “Cherish premium sanitary napkins include negative ion technology which has been proven to balance pH and hormone levels, helps protect against germs and bacteria, helps to reduce inflammation, fights against vaginal irritations and infections and reduces unwanted odor.”
  • “Totally dry.”
  • “We’ve got the most comfortable pad in the world.”

In response to NAD’s initial inquiry, nSpire advised NAD in writing that it had elected to permanently discontinue the challenged claims. In reliance on nSpire’s representation that these claims have been permanently discontinued, NAD did not review the claims on their merits. The voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.

nSpire, in its advertiser’s statement, said the company “accepts NAD’s decision and represents that they have employed measures to prevent and discontinue the advertising at issue.”

Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.

 

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

Direct Selling Self-Regulatory Council Recommends Valentus Discontinue Earnings and Product Performance Claims

McLean, VA – December 23, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Valentus, a direct selling company that sells nutritional and lifestyle products, discontinue earnings and health-related product performance claims made on social media and on the Valentus website.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary