National Advertising Division Recommends Church & Dwight Modify TheraBreath Mouthwash Claim to Disclose Material Connection
New York, NY – May 12, 2025 – Following a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended Church & Dwight Co., Inc. modify the claim, “It’s a better mouthwash. I guarantee it,” made by TheraBreath’s founder Dr. Harold Katz to clearly disclose his relationship with the company. The National Advertising Division (NAD) also concluded that if accompanied by a clear and conspicuous disclosure of Dr. Katz’s relationship with the company, the claim is puffery and did not require substantiation.
TheraBreath oral care products were created by Dr. Katz, and the brand was subsequently acquired by Church & Dwight. P&G, maker of the Crest brand of oral care products, challenged Church & Dwight’s claim for TheraBreath mouthwash, which appeared in a TV commercial, in-store displays, and social media ads.
NAD determined first that Dr. Katz’s company founder status was not clearly disclosed in TheraBreath advertising and recommended that the challenged claim include a clear and conspicuous disclosure of Dr. Katz’s relationship with the company.
NAD also determined that Dr. Katz’s relationship to the TheraBreath brand was highly relevant to the puffery analysis and would inform the meaning of the challenged claim and the messages conveyed to consumers. NAD noted that, when communicated by its creator, a superlative statement about a product is understandably laced with personal pride.
Further, the term “better” was not connected to any measurable product attributes such as taste or the concentration of a key ingredient – either in the claim itself or the associated claims in context. Nor was the tagline connected in any meaningful way to the other monadic product claims that appear in the context of the advertising to signal to consumers how or why TheraBreath is “better.”
NAD therefore concluded that with proper disclosure of Dr. Katz’s status, consumers would reasonably perceive the claim “It’s a better mouthwash” as a self-laudatory statement of opinion rather than an objective statement of superiority and the “guarantee” a further sign of creator enthusiasm – especially in the absence of references to competitors or other comparative context in the challenged advertising.
In its advertiser statement, Church & Dwight stated that it “will comply with NAD’s recommendation.”
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 may not be used for advertising or promotional purposes.
TheraBreath oral care products were created by Dr. Katz, and the brand was subsequently acquired by Church & Dwight. P&G, maker of the Crest brand of oral care products, challenged Church & Dwight’s claim for TheraBreath mouthwash, which appeared in a TV commercial, in-store displays, and social media ads.
NAD determined first that Dr. Katz’s company founder status was not clearly disclosed in TheraBreath advertising and recommended that the challenged claim include a clear and conspicuous disclosure of Dr. Katz’s relationship with the company.
NAD also determined that Dr. Katz’s relationship to the TheraBreath brand was highly relevant to the puffery analysis and would inform the meaning of the challenged claim and the messages conveyed to consumers. NAD noted that, when communicated by its creator, a superlative statement about a product is understandably laced with personal pride.
Further, the term “better” was not connected to any measurable product attributes such as taste or the concentration of a key ingredient – either in the claim itself or the associated claims in context. Nor was the tagline connected in any meaningful way to the other monadic product claims that appear in the context of the advertising to signal to consumers how or why TheraBreath is “better.”
NAD therefore concluded that with proper disclosure of Dr. Katz’s status, consumers would reasonably perceive the claim “It’s a better mouthwash” as a self-laudatory statement of opinion rather than an objective statement of superiority and the “guarantee” a further sign of creator enthusiasm – especially in the absence of references to competitors or other comparative context in the challenged advertising.
In its advertiser statement, Church & Dwight stated that it “will comply with NAD’s recommendation.”
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 may not be used for advertising or promotional purposes.