NEW YORK, Feb. 10, 2022 /PRNewswire/ -- A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has determined that S.C. Johnson & Son, Inc. has proper support for its advertising claim that Ziploc Slider bags are "stronger than Hefty on punctures and tears."
The advertising at issue, along with a number of other claims, had been challenged by Reynolds Consumer Products, LLC, the manufacturer of Hefty storage bags, before BBB National Programs' National Advertising Division (NAD). Following NAD's decision (Case No. 6983), S.C. Johnson appealed only NAD's recommendation that it modify the claim noted above.
In the underlying decision, NAD concluded that the advertiser's ASTM tests were reliable tests of puncture and tear resistance for plastic bags when exposed to a falling object. However, NAD found that such tests do not support a general, unqualified superiority claim on punctures and tears because the advertiser failed to connect the results to examples of real-world use. Therefore, NAD recommended that the advertiser modify its "stronger than Hefty on punctures and tears" claim to make clear the relevant conditions under which consumers would experience the claimed benefits.
The NARB panel disagreed with NAD's assessment of the claim at issue, finding that S.C. Johnson's claim that Ziploc slider storage bags are "stronger than Hefty on punctures and tears" is a qualified claim which provides consumers with useful information upon which to consider making a purchase decision.
The NARB panel further concluded that the advertiser's reliance on ASTM testing provides a reasonable basis for the claim and was satisfied that the ASTM tests used by S.C. Johnson were not "torture tests," but represent a good-faith effort to evaluate the strength of plastic film to resist punctures and tears.
In its decision, NAD determined that the challenged claim is a "line claim," noting that substantiation must include evidence demonstrating that all the products in the line will perform as promised. While the NARB panel did not endorse that finding, it cautioned S.C. Johnson that should it seek to expand the use of the claim outside the context of the specific products tested, it would need to conduct, and prevail on, the ASTM tests with the additional products.
S.C. Johnson stated that it is "pleased" with the panel's decision and "as a strong supporter of the self-regulatory process, S.C. Johnson thanks the NARB panel for its careful consideration of the issues in this matter."
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.
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs' advertising self-regulatory programs. NARB's panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
SOURCE BBB National Programs
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