Advertising Board Green-Lights Dr. Bronner’s Appeal Of Fair-Trade Decisions

The National Advertising Review Board will allow Dr. Bronner’s Magic Soaps to appeal the National Advertising Division’s recent decisions regarding fair-trade certifications, according to a recent release.

Earlier this year, Dr. Bronner’s brought a challenge to advertising watchdog NAD, alleging that Fair Trade USA’s certification seal and fair-trade marketing surrounding Avon’s mark brand mislead consumers (Also see "Dr. Bronner’s Brings Avon, Fair Trade USA Before NAD For “Deceptive Practices”" - HBW Insight, 27 Jun, 2011.).

NARB, made up of advertising industry members, is the appellate division of the advertising industry’s self-regulation body that adjudicates cases not settled at the NAD level. While an advertiser automatically has the right to appeal NAD decisions, a challenger can only appeal if approved by the NARB chair, the Council of Better Business Bureaus division notes.

In its June decision, NAD advised Fair Trade USA to clarify that its seal for “composite” products such as cosmetics does not necessarily signify that all or even most ingredients are fair-trade-certified.

However, NAD did not find fault with the overall design of the firm’s “Fair Trade Certified-Ingredients” logo, which Dr. Bronner’s argued was too close in appearance to its logo for products made entirely of fair-trade ingredients, and it did not address Fair Trade USA’s standards in general, which Dr. Bronner’s contends are not stringent enough.

NAD advised Avon to modify advertising imagery and language for its fair-trade-certified brand to not “overstate the impact of such products.” However, the watchdog agreed with the New York-based direct seller that its “made with” qualifier included in product labeling provides consumers with the information they need to make an informed purchasing decision, contrary to Dr. Bronner’s allegations.

According to a NAD spokeswoman, Avon has also announced its intent to appeal NAD’s decision, presumably in defense of its advertising featuring farm workers in developing countries and the suggestion that by purchasing its products, consumers can “help change the world,” all of which NAD recommended discontinuing.

Dr. Bronner’s and the Organic Consumers Association have also complained to the Federal Trade Commission about alleged bad actors conducting what they claim are deceptive fair-trade marketing practices (Also see "OCA, Dr. Bronner’s Take Aim At Fair-Trade Certifications With FTC Complaint" - HBW Insight, 17 Jan, 2011.).

By Lauren Nardella