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 – In a challenge brought by Reckitt Benckiser LLC, BBB National Programs’ National Advertising Division determined that Ikigai Marketing Works, LLC and POOPH, Inc. (together, 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. 

The National Advertising Division (NAD) also recommended that the challenged superiority comparative claims, including “[o]ther sprays just cover up odor,” be modified or discontinued. 

 

Patented Claim

The POOPH product packaging states that it “CONTAINS: Water, Surfactants, and Patented Odor Eliminator Blend.” Based on the evidence in the record, NAD concluded that the claim “Patented Odor Eliminator Blend” is substantiated.

 

Odor and Stain Elimination Claims

Reckitt challenged Ikigai’s claims that its POOPH Pet Odor & Stain Eliminator eliminates odors, including at a molecular level, and eliminates stains. These claims appear in multiple locations including in its product name, on product packaging, on its website, and in commercials. 

NAD found that odor “elimination” is a powerful claim that may convey to reasonable consumers that POOPH eliminates odor at both a molecular and perceptual level. Ikigai submitted studies that demonstrated the chemistry of the product and that the product reduced some odors, but NAD found that the studies did not support challenged claims that POOPH eliminates malodor. Therefore, NAD recommended that the odor elimination claims be discontinued.

The stain elimination claims also appear in multiple locations including in POOPH’s product name, the product packaging, and on its website. Posts on Ikigai’s Instagram account also claim that “[w]e’re here to keep your pup’s throne (aka the couch) stain free…”

NAD found Ikigai’s evidence did not support a stain elimination claim so NAD recommended that it discontinue the challenged stain elimination claims.

 

Comparative Claims

Reckitt also challenged several comparative claims found on Ikigai’s website and in variations in other videos. Specifically, on the “Pooph Science” section on the Ikigai’s website, the claim “slow-acting sprays cover-up odors” is heard while a bottle labeled Nature’s Breeze appears. Later the narrator asks, “Why waste money on any product that doesn’t totally eliminate the stink?” and closes with “IF IT’S NOT [POOPH] IT STINKS!”

NAD determined that reasonable consumers would understand the “it stinks” claim as a play on the language of foul odors and not a claim based on evidence that compares the efficacy of its product to another and concluded that the claim was puffery.

NAD found, however, that other claims such as “Why waste money on any product that doesn’t totally eliminate the stink?” and “Other sprays just cover up odor,” conveyed the message that POOPH is superior to all competing products because they are ineffective and merely mask malodor instead of eliminating them. 

Because Ikigai’s evidence did not support the superiority comparative claims, NAD recommended that the challenged express comparative claims be discontinued, and the advertising be modified to avoid conveying the following implied claims:

  • All other, or enzymatic, pet or odor spray products are worthless, including Resolve® products.
  • All enzymatic formula or other spray products are unable to neutralize or eliminate malodor.
  • All enzymatic formula or other spray products only cover up odors.
  • POOPH™ Pet Odor & Stain Eliminator works better than all other pet odor spray products (or all enzymatic pet odor spray products) on the market at addressing odors.

 

Safety Claim

Reckitt also challenged a video demonstration where a POOPH representative demonstrates the safety of POOPH by spraying it in his mouth. Based on the evidence submitted regarding the safety of the product’s ingredients, NAD concluded that the claim that POOPH is safe to be sprayed in the mouth is supported. 

In its advertiser statement, Ikigai stated it “will comply with the NAD’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. This press release shall not be used for advertising or promotional purposes.

 

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 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
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary