The National Advertising Division (NAD) of BBB National Programs has recommended that
NAD found that one reasonable interpretation of the claim in each of the challenged ads is that Olay Premium body wash improves skin 3X better with regard to any one of the skin attributes mentioned in the ads, such as brightness, smoothness, radiance, hydration and wrinkles. NAD found that even when the 3X improvement claim is not featured with other skin attributes, the net impression is still general skin improvement. In addition, NAD found that the claim conveyed a message of comparative superiority versus Dove.
NAD determined that the disclosure "versus the leading body wash after 14 days, based on clinical moisture retention" in the advertising was not sufficient to qualify the takeaway of the claim "improves skin 3X better" to clinical moisture retention. NAD found that the disclosure was not clear and conspicuous. In addition, NAD found the language of the disclosure ambiguous. NAD stated that it is unclear whether average consumers understand the meaning of the term "clinical moisture retention." One reasonable consumer takeaway is that the disclosure limits the claim to improved moisturization of skin, which NAD stated is not the same as clinical moisture retention.
To support the claim, P&G submitted a controlled, randomized, double-blinded Leg Controlled Application Test (LCAT). NAD stated that the LCAT is a well-accepted clinical method for in vivo testing of cleansing products. NAD found that P&G's LCAT methodology is consumer relevant and tested an appropriate population.
However, NAD concluded that the LCAT study was not a good fit to support the claim that Olay Premium body wash "improves skin 3X better" than Dove Deep Moisture body wash, for two reasons.
First, NAD found that
Second, P&G submitted only tests for moisture retention or moisturization, and therefore the LCAT results do not support the 3X improvement messages reasonably conveyed by the challenged advertisements that Olay Premium body wash improves skin 3X better than Dove body wash with respect to appearance, hydration, radiance and wrinkles.
For these reasons, NAD recommended that P&G discontinue the claim that Olay Premium body wash "improves skin 3X better" than the leading body wash.
In its advertiser statement, P&G stated that it "agrees to comply with NAD's recommendations" and that it "remains a strong supporter of the industry self-regulatory process."
Why It Matters
As discussed by NAD in the decision, it is well established that quantifiable superiority claims of product performance require precise substantiation relating directly to the formulation, application and measurable performance of the advertised product. It is also well established that test results, in addition to achieving statistical significance, should demonstrate that the results will be meaningful to consumers.
NAD found that
The NAD decision makes it clear that calculating a ratio for a quantifiable superiority claim requires precise calculations that are consumer meaningful.
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