NAD Recommends P&G Modify, Discontinue Certain Claims for Olay Ultra Moisture Bar Following Unilever Challenge

New York, NY – May 8, 2015 – The National Advertising Division has recommended that the Procter & Gamble Company modify or discontinue consumer preference claims conveyed in certain print advertising for the company’s Olay Ultra Moisture Beauty Bar. The claims at issue were challenged by Unilever United States, Inc., the maker of Dove white beauty bar.

Unilever challenged express claims that included:

  • “Even Dove bar users prefer Olay Ultra Moisture bar versus Dove white bar. Make the switch to Olay”
  • “More women prefer Olay Ultra Moisture versus the leading white bar”
  • “… Olay Ultra Moisture delivers deep moisturizers to the skin while helping to wash away dry surface cells.  It’s specially formulated with a creamy, luxurious lather, for soft smooth skin.  Even Dove bar users prefer Olay Ultra Moisture bar vs. Dove white bar.  Your sweat sessions have paid off.  Now it’s time to raise the beauty bar.”

 

NAD examined whether the advertising at issue implied that Dove users prefer Olay Bar over Dove Bar on all attributes, including mildness, moisturization, later and fragrance. NAD also reviewed whether the advertising implied that the Olay Bar leaves skin softer, smoother, and more moisturized than Dove Bar or that the Dove product does not provide benefits or is detrimental to one’s skin.

The challenger contended that the advertising campaign encourages Dove Bar users to “make the switch” to the Olay product with express and implied claims that the Olay Bar is both preferred over – and better for one’s skin – than the Dove Bar.

The advertiser asserted that its “Raise the Bar” advertisement was carefully composed to avoid an inference of unsupported comparative claims and was very measured in its creation with clear contextualization: (1) there is no image of the Dove product, logo, or packaging, (2) the preference claim is not in the headline but, rather, appears within the body copy; and (3) the monadic claims that “It’s [Olay] specifically formulated with a creamy, luxurious lather for soft, smooth skin” appears in the first paragraph of the body copy whereas the consumer preference claim is in a separate paragraph.

As a preliminary matter, NAD noted that P&G took necessary action in permanently discontinuing from its social-media channels its “Break the Habit” video and claims that likened the use of Dove White Bar to a “bad habit, as well as claims that characterized Dove as “regular soap.”

Turning to P&G’s print advertising, NAD concluded that the advertiser’s preference claims in the context in which they appeared in the “Raise the Bar” and “Body of Work” advertisements, conveyed a superior performance message that the evidence did not support.

Following its review of the evidence in the record, including a consumer-perception study entered by the challenger and a consumer preference study offered by the advertiser, NAD recommended that the advertiser discontinue its claim that, “Even Dove bar users prefer Olay Ultra Moisture bar versus Dove white bar.”

NAD further recommended that P&G modify the claim “More women prefer Olay Ultra Moisture versus the leading white bar” to include the qualifying language “among those who expressed a preference.”

P&G, in its advertiser’s statement, said the company will take NAD’s recommendations into account in future advertising.

 

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