In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
New York, NY – January 8, 2025 – In a BBB National Programs’ National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore & Co., Behr Process LLC voluntarily discontinued its “No Comparable Product” claim.
Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). Benjamin Moore and Behr are competitors in the household paint category.
At issue was Behr’s claim that appeared on in-store displays at Home Depot stores promoting various Behr paints as part of Behr’s “Product Crossover” campaign. The displays were visual charts comparing Behr paints with its competitors. “No Comparable Product” appears in certain rows dedicated to Benjamin Moore and Sherwin-Williams products that align with a Behr’s Dynasty® product.
Benjamin Moore alleged that the in-store displays reasonably convey the message that Behr’s competitors like Benjamin Moore have no comparable product to Behr Dynasty® products and that the other Behr products displayed are at parity with its competitors’ products.
During the proceeding, Behr informed NAD that it would permanently discontinue the challenged claim. NAD will treat the permanently discontinued claim, for compliance purposes, as though NAD recommended it be discontinued.
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