National Advertising Division Recommends Tempur-Pedic Discontinue Disparaging Claims Against Sleep Number
New York, NY – April 8, 2025 – In a Fast-Track SWIFT challenge filed by competitor Sleep Number Corporation, BBB National Programs’ National Advertising Division recommended that Tempur Sealy International, Inc. d/b/a Tempur-Pedic USA discontinue advertising that conveys disparaging messages about Sleep Number beds.
Fast-Track SWIFT is an expedited process by the National Advertising Division (NAD) for reviewing single-issue advertising cases.
Sleep Number and Tempur-Pedic are competitors in the premium mattress space, with Sleep Number specializing in adjustable air smart beds and Tempur-Pedic in foam-based beds.
Sleep Number challenged Tempur-Pedic's advertising, specifically several social media posts on Facebook and Instagram, asserting they conveyed a false and disparaging message about the quality and functionality of Sleep Number beds.
NAD has long recognized that a competitor is free to highlight the actual differences between its product and competitor products and to make truthful and accurate advertising claims that may be perceived as denigrating to its competitors.
In this case, however, NAD found that the challenged advertising created a misleading impression, suggesting Sleep Number beds are comparable to temporary air mattresses that consumers would not use for their regular sleeping needs. NAD determined that this disparaging message was reinforced by the express language in the social media posts and videos.
Finding no evidence to support the message that Sleep Number beds are similar in quality to a flimsy inflatable object like a cheap air mattress, NAD recommended that Tempur-Pedic discontinue the challenged advertising.
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. Pursuant to NAD/NARB Procedures, this release may not be used for promotional purposes.
Fast-Track SWIFT is an expedited process by the National Advertising Division (NAD) for reviewing single-issue advertising cases.
Sleep Number and Tempur-Pedic are competitors in the premium mattress space, with Sleep Number specializing in adjustable air smart beds and Tempur-Pedic in foam-based beds.
Sleep Number challenged Tempur-Pedic's advertising, specifically several social media posts on Facebook and Instagram, asserting they conveyed a false and disparaging message about the quality and functionality of Sleep Number beds.
NAD has long recognized that a competitor is free to highlight the actual differences between its product and competitor products and to make truthful and accurate advertising claims that may be perceived as denigrating to its competitors.
In this case, however, NAD found that the challenged advertising created a misleading impression, suggesting Sleep Number beds are comparable to temporary air mattresses that consumers would not use for their regular sleeping needs. NAD determined that this disparaging message was reinforced by the express language in the social media posts and videos.
Finding no evidence to support the message that Sleep Number beds are similar in quality to a flimsy inflatable object like a cheap air mattress, NAD recommended that Tempur-Pedic discontinue the challenged advertising.
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. Pursuant to NAD/NARB Procedures, this release may not be used for promotional purposes.