National Advertising Division Recommends Promotion in Motion Discontinue or Modify Certain Welch’s Fruit Snack Commercials
New York, NY – September 30, 2024 – In a Fast-Track SWIFT challenge brought by General Mills, Inc., BBB National Programs’ National Advertising Division recommended that Promotion In Motion, Inc. (PIM Brands) discontinue certain television commercials for its Welch’s Fruit Snacks or modify the advertising to avoid conveying the message that competing fruit snacks are worthless.
General Mills, the manufacturer of competing fruit-flavored snack products, including the Annie’s and Mott’s brands, challenged a series of television commercials for Welch’s Fruit Snacks featuring celebrity chef Gordon Ramsay as Welch’s Fruit Snacks CFO (i.e., Chief Fruit Officer).
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). At issue for NAD was whether the challenged advertising reasonably communicates an unsupported disparaging message that competing fruit-flavored snacks are worthless.
NAD determined that one reasonable takeaway from the commercials is that the whole fruit content of Welch’s Fruit Snacks makes it a superior product for consumers. However, NAD also found that certain elements of the commercials go further and portray competing fruit snacks as worthless. Specifically, NAD found that Ramsay throwing the products out of the window, kicking the products into a lobster tank, and spitting out the products constitutes “ash canning,” depicting competing products like General Mills’ fruit snacks as lacking any positive value.
Therefore, NAD recommended that PIM Brands discontinue the challenged advertising or, in the alternative, modify the advertising to avoid conveying the message that competing fruit snacks are worthless. NAD noted that nothing in its decision precludes PIM Brands from making truthful and not misleading claims about the qualities of its own fruit snack products, either monadically or in comparison to competing fruit snack products.
In its advertiser statement, PIM Brands stated that it “will comply with NAD’s recommendations,” but noted its disagreement with NAD about aspects of the television commercials.
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. Per NAD/NARB procedures, this 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
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.
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.”
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.
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.