NAD Recommends Similac Discontinue '#1 Pediatrician Recommended Brands' Claim in Resolved Fast-Track SWIFT Case

New York, NY – October 2, 2020 – The National Advertising Division (NAD) of BBB National Programs, in a Fast-Track SWIFT challenge brought by Mead Johnson & Company, recommended that Abbott Nutrition discontinue the claim “#1 Pediatrician Recommended Brands” due to a lack of a clear and understandable disclosure. The challenged claim appeared in online and social media advertising for Similac branded cow’s milk formulas, and the advertiser intended to include it on Similac product labels. 

NAD Fast-Track SWIFT is an expedited process designed for single-issue digital advertising cases. This case was appropriate for the NAD Fast-Track SWIFT process because the issue was limited to whether the advertiser’s substantiation was a good fit for the challenged claim.  

NAD determined that as currently presented, the disclosure “based on combined recommendations of Similac and EleCare” does not, in a clear and understandable manner, disclose that the basis for the advertiser’s “#1 Pediatrician Recommended Brands” claim is based on combining pediatrician recommendations for the various traditional infant formulas (Enfamil, Gerber Good Start, Parent’s Choice, and Similac) with pediatrician recommendations for amino acid formulas (Alfamino, EleCare, Neocate, and PurAmino).  

Therefore, NAD concluded that the claim was not a good fit for the evidence presented and recommended that it be discontinued. 

NAD is now accepting three types of claims for consideration in the streamlined SWIFT process: 
  • The prominence and sufficiency of disclosures in influencer marketing and native advertising; 
  • Misleading pricing and sales claims; and
  • Misleading express claims that do not require review of complex evidence or substantiation. 

Two additional Fast-Track SWIFT challenges were filed in August but were transferred to Standard Track. The decisions in those cases, when released, will indicate that the challenge was originally brought in Fast-Track SWIFT.