Netbrands Wristbands and Other Customized Products
FTC publishes first closing letters since Made in USA Labeling Rule went into effect in August.
Pampers is mounting a puffery defense in response to Huggies’ stink that Pampers’ advertising for its Easy Ups conveys the unsupported message that the training underwear accelerates the transition to regular underwear faster than other brands, including Huggies’ Pull-Ups.
Pampers is appealing a recent The National Advertising Division (NAD) is the advertising industry’s self-regulatory body administered by the Council of Better Business Bureaus. decision that sided with Huggies in recommending that it discontinue the claim that its Easy Ups are “the easiest way to underwear,” invoking the legal defense of puffery instead of providing substantiation.
Said NAD:
A statement is considered puffery when it is overly vague or highly subjective and not capable of measurement. … Faster and/or easier potty training is not only appealing, but it is an objectively provable claim.
The National Advertising Review Board will handle the appeal.
While Pampers attempts to skirt substantiation for this one claim, the company agreed to discontinue others, including the claim that Easy Ups are “the best way to potty-train,” despite also categorizing the statement as mere puffery.
Find more of our coverage on diapers here.
Our Ad Alerts are not just about false and deceptive marketing issues, but may also be about ads that, although not necessarily deceptive, should be viewed with caution. Ad Alerts can also be about single issues and may not include a comprehensive list of all marketing issues relating to the brand discussed.
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