Tag: advertising
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NAD Says Aldi Should Change Savings Claims Ads
The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more than 50 percent by buying Aldi brands instead of name-brand products at other grocery chains. Texas-based HEB Grocery Co. first challenged print ads published in Houston then later added a challenge…
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Nutella® Wins Palm Oil Ad Dispute
Ferrero SpA, maker of Nutella®, has reportedly won a dispute in the Brussels Court of Appeal over a rival’s advertising that claimed its similar product was healthier because it does not contain palm oil. Ferrero sued Belgium’s Delhaize Group after the “Choco” maker launched an ad campaign claiming its “certified without palm oil” spread was…
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5-Hour Energy® Plaintiffs Denied Class Certification
A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-Hour Energy Mktg. and Sales Practices Litig., No. 13-2438 (C.D. Cal., order entered June 7, 2017).…
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ASA Blocks Dairy Farm’s Environmental Advertising
The U.K. Advertising Standards Authority (ASA) upheld a complaint arguing an advertisement for Arla Foods’ organic milk was misleading because it included the statements “Good for the land” and “helping support a more sustainable future.” ASA reviewed evidence the company provided about its organic farming methods but concluded that the dairy had failed to substantiate…
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NAD Recommends Campbell Soup Change Prego® “Baby Expert” Ads
Responding to a challenge from Ragù® maker Mizkan Americas Inc., the National Advertising Division (NAD) has recommended that Campbell Soup Co. change broadcast ads featuring toddlers as “life-long pasta experts,” finding the ads are “puffery” and do not contain “a claim about the preferences of toddlers.” The ads showed a split-screen with one child eating and…
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NAD Recommends Kauai Coffee Change “Compostable” Ads for Its Single-Serve Pods
Even if Kauai Coffee pods are “certified 100% compostable,” as its ads claim, the National Advertising Division (NAD) says the company does not make clear to consumers that the pods can only be composted in industrial facilities rather than backyard compost piles. NAD has recommended that Kauai discontinue existing print and website advertising or modify…
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Glitch Reveals Pizza Co.’s Facial-Recognition Ad Tactics
An apparent glitch in a Peppes Pizza advertisement in Oslo, Norway, reportedly revealed to passersby that the ad determined whether to show pizza or salad to its audience based on gender as perceived by facial-recognition software. The digital billboard used a hidden camera to scan faces of the audience and showed images of sausage pizza…
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Plaintiff Claims Ginger Snaps Marketing Misleads
A consumer has filed a lawsuit alleging Mondelez International misleadingly markets Ginger Snaps cookies as healthy. Winn v. Mondelez Int’l, No. 17-2524 (N.D. Cal, removed to federal court May 3, 2017). The proposed class action claims that Ginger Snaps packages were marketed with the phrases “Made With Real Ginger and Molasses” and “Sensible Solutions,” leading…