Reynolds to Permanently Discontinue Certain Claims for ‘Heat and Eat’ Food Storage Containers, Following NAD Inquiry

New York, NY – March 21, 2016 – Reynolds Consumer Products, LLC, has said that it will permanently discontinue challenged claims for the company’s “Heat & Eat Food Storage Containers,” following an inquiry by the National Advertising Division.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

The claims at issue were challenged by S.C. Johnson & Son, Inc., maker of competing Ziploc-brand plastic food storage containers and included:

  • “Safe alternative to plastic containers.”
  • “Safe alternative to plastic containers in the microwave.”
  • “Ideal for the microwave. Reynolds plant-based containers are a safe alternative to plastic containers.”
  • “Reynolds Heat & Eat containers are a safe alternative to plastic containers and ideal for heating leftovers in the microwave.”
  • “These plant-based containers are a safe alternative to plastic so your meal is worry free.”

In response to NAD’s initial inquiry, the advertiser informed NAD that it had already begun developing redesigned packaging for its “Heat & Eat” Food Storage Containers, and that the new design does not include the word “safe” in the sub headline or as part of any comparison to plastic.

Further, the advertiser stated that none of the claims set out in the challenge would be included in any future advertising of the product or on its packaging and that no reference to “microwave safe” will be made in comparison to plastic containers. Reynolds noted that the challenged claims would not appear in future advertising on social media, on its website or on third party websites selling the products.

In lieu of submitting substantiating evidence, the advertiser advised NAD in writing that it had elected to permanently discontinue the challenged claims. In reliance on the advertiser’s representation that these claims have been permanently discontinued, NAD did not review the claims on their merits. NAD noted, however, that the voluntarily discontinued claims would be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.

Reynolds, in its advertiser’s statement, said the “challenged claims are being discontinued. Reynolds appreciates NAD’s expeditious handling of this matter.”

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

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