NAD Refers Ceres Turf, Inc. Advertising Claims to FTC After Advertiser Declines to Participate
For Immediate Release
New York, NY – June 17, 2020 – The National Advertising Division (NAD) has referred advertising claims made by Ceres Turf, Inc. to the Federal Trade Commission (FTC) for further review after the company declined to participate in a proceeding before NAD.
Claims made by Ceres Turf for its MiniQuad turf aeration tines, used for the maintenance of golf course greens, were challenged by Trigon Turf Sciences, LLC, manufacturer of competing aeration tines. Claims at issue included:
Express claims:
“First, we have increased the length of the nose which improves the MiniQuad’s longevity as compared to the Ninja.”
“Ninja tines were made of a low carbon alloy steel. So we’ve upgraded to a 4140 steel alloy, which is the best available.”
“The last change is that we shaved off over five dollars from the cost of a Ninja so that each MiniQuad sells for $14.75.”
Implied claim:
Ceres Turf claimed improvements are relative to the current Ninja product for sale in the United States.
Although the advertiser initially agreed to participate in NAD’s inquiry, following a series of emails between NAD and the parties, the advertiser stated that it would no longer participate in the NAD dispute resolution process. Ceres Turf stated that while it respects NAD and its self-regulatory proceedings, it did not believe NAD’s decision would resolve the dispute with Trigon Turf Sciences.
NAD believes that this dispute could have been settled through its well-established dispute resolution process and is disappointed that the advertiser declined to participate in the self-regulatory forum. In light of the advertiser’s election not to participate in this NAD inquiry, pursuant to its procedures NAD has referred the matter to the FTC for possible enforcement action.
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