Defending a food advertising challenge before the National Advertising Division (NAD) of the Council of Better Business Bureaus
A competitor brought an NAD advertising challenge to comparative nutrition claims made in a series of advertisements for our client's food product. The central dispute between the parties was whether there was a meaningful nutritional difference between our client's product and the product that was the target of the comparative claims. There was also disagreement as to the messages conveyed by the challenged advertisements.
KKB analyzed the promotional materials, the nutritional profiles of the products, and relevant NAD precedent to develop a strategy for defending the claims. Our briefs to the NAD were supported by statements from three independent experts who evaluated the nature and significance of the nutritional differences between the products, and from an expert in consumer behavior who critiqued the consumer perception survey relied upon by the challenger to identify the messages conveyed by the challenged advertisements. KKB attorneys also presented the client's case in person in a meeting at the NAD.
The NAD concluded that the nutritional differences between the products were biologically and physiologically meaningful, and therefore our client could appropriately make advertising claims about these differences. The NAD also rejected the challenger's interpretation of the advertisements, finding that consumers were more likely to take away the messages intended by our client. The NAD recommended only minor modifications to two of the advertisements in the campaign.