NAD Finds Television Commercial for KIND Bars Not Falsely Disparaging; Recommends Other Modifications
For Immediate Release
Contact: Abby Hills, Director of Communications, BBB National Programs
703.247.9330 / email@example.com
New York, NY – September 23, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that Kind, LLC (KIND) provided a reasonable basis for the depiction of the two products in the challenged television commercial for KIND Snack Bars and that the depiction was not falsely denigrating. However, NAD recommended that the advertiser modify the commercial to:
- Expressly identify the specific variety of KIND and Clif bars that form the basis of its “75% less sugar than the leading Clif bar” claim; and
- Clearly and conspicuously disclose the weight difference between the serving sizes of the compared products.
The claims at issue were challenged by Clif Bar & Company (Clif), maker of Clif Snack Bars.
NAD noted that the express claim “75% less sugar than the leading Clif bar” was not in dispute because the challenged commercial depicted a comparison between Clif’s bestselling Clif Chocolate Chip bar (20 grams of sugar) and KIND Dark Chocolate Nuts & Sea Salt Bar (5 grams of sugar). However, NAD considered whether there was a lack of clarity such that consumers could take away an overly broad and misleading claim (i.e., that the “75% less sugar” claim applies to the entire KIND and Clif bar lines).
After carefully reviewing the elements of the commercial, NAD determined that it did communicate an unsupported implied claim for all the products in the KIND and Clif bar lines. Therefore, NAD recommended that the advertiser modify the commercial by expressly identifying the specific variety of KIND and Clif bars that form the basis of its “75% less sugar than the leading Clif bar” claim.
Further, NAD determined that the advertiser’s use of serving size as the basis for comparing sugar content of the bars was not misleading. However, NAD concluded that it would be reasonable for a consumer viewing the challenged commercial to believe that the two bars were of similar weights, a material difference given that the KIND bar weighs 40 grams, while the Clif bar weighs 68 grams. Therefore, NAD recommended that the advertiser further modify the commercial to clearly and conspicuously disclose the weight difference between the serving sizes of the compared products.
Finally, NAD determined that the advertiser provided a reasonable basis for the depiction of the two products in the challenged commercial and that the depiction was not falsely denigrating. NAD concluded that nothing in the commercial conveys that the depicted ingredients (brown rice syrup for the Clif bar and almonds for the KIND bar) are the only ingredients in the products, merely the first ingredients when listed in order of predominance by weight. Further, NAD noted that the advertiser took reasonable steps to ensure the brown rice syrup depicted in the commercial accurately reflected the quantity and composition of the ingredient found in the depicted Clif bar. In addition, unlike other cases in which NAD found an advertiser’s portrayal of ingredients in a competitor’s product problematic, the advertisement does not use negatively charged terms or obscure chemical names to imply that brown rice syrup is harmful or unsafe.
In its advertiser’s statement, Kind stated that it agrees to comply with NAD’s recommendations. Kind further stated that it “is grateful that NAD has upheld the heart of Kind’s commercial . . . . Kind will take NAD’s recommendations into account in future advertising to more clearly identify the specific products that are the basis of comparison and to more clearly identify the weight differences between single-serving products if they are materially different.”
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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