National Advertising Division Finds Certain Claims for Old Trapper Beef Jerky are Puffery, Recommends Superiority Claims be Modified or Discontinued

New York, NY – January 8, 2024 – In a challenge brought by competitor Link Snacks, Inc., BBB National Programs’ National Advertising Division determined that in context “The Best” and “Clearly the Best” claims made by Old Trapper Smoked Products, Inc. for its Old Trapper Smoked Beef Jerky are puffery and not objective assertions of fact that Old Trapper jerky is “the best.” 

However, the National Advertising Division (NAD) recommended that Old Trapper discontinue the challenged ingredient claims to avoid conveying the message that they are using superior ingredients.

 

“The Best” and “Clearly the Best” Claims

NAD determined that the following claims were puffery:

  • Clearly the Best Beef Jerky. 
  • The Best Ingredients Create the Best Beef Jerky.
  • Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best.

 

NAD noted that:

  • Old Trapper’s “Clearly the Best Beef Jerky” slogan, when used on its product packaging and website, conveys a message of corporate pride, and the use of “best” is not comparative as no specific competitor or ingredient is identified. In these contexts, the challenged claims are unquantifiable and therefore, puffery. 
  • The claim “The Best Ingredients Create the Best Beef Jerky” which appears prominently on the Old Trapper website landing page, did not convey a specific comparative superiority message.
  • Old Trapper’s 15-second YouTube video that depicted a single bag of Old Trapper jerky while “Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best”, did not convey a comparative superiority message because the video only featured Old Trapper, did not tout attributes other than a single reference to “clearly fresh,” and did not refer to or depict any competitors or competitors’ products.

 

Ingredient Claims

Regarding the claim made on Old Trapper’s social media account, “We use only the highest quality ingredients in every Old Trapper flavor. That’s just one of the reasons why Old Trapper is #ClearlyTheBest,” NAD determined that the language “We use only the highest quality ingredients” is an objective claim that requires support. 

In the absence of any support that Old Trapper uses the highest quality ingredients, NAD recommended that Old Trapper discontinue or modify these claims to avoid conveying the message that they are using superior ingredients.

In its advertiser statement, Old Trapper stated that it “agrees to comply with NAD’s recommendations in this matter” and “appreciates NAD’s careful consideration of the issues presented.”

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 shall not be used for advertising or promotional purposes.