Kind’s Specific Ingredient Claims Remain Airborne After General Comparison To Clif Bar Line Grounded
National Advertising Division says a TV commercial Kind previously aired claiming “75% less sugar than the leading Clif bar” made an unfair “line claim.” But Kind says "ultimately this issue is moot" as it stopped using the "commercial (which takes place on an airplane) many months ago in light of the COVID-19 pandemic.”
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Like other comparative claims, say attorneys at the National Advertising Division’s annual conference, advertising that denigrates a competing brand must be substantiated. Advertising detailed previously in HBW Insight that compared nutritional products’ formulations and skin moisturizers’ effectiveness were noted as examples of denigrating claims.
Clif Bar didn’t convince National Advertising Division a challenge by Kind is too “complex” for the SWIFT forum. NAD attorneys determined Clif didn’t support its claims of sustained energy and “better” performing ability.
Bayer discontinues ad comparing Alka-Seltzer Plus Night Cold & Flu, which is indicated for nasal decongestion, with P&G's NyQuil Cold & Flu, which is not.