10.28.10
The National Advertising Division (NAD)of the Council of Better Business Bureaus has determined that Burt’s Bees can support “clinically proven” claims for the Burt’s Bee’s Natural Toothpaste product line. However, NAD recommended the advertiser modify claims related to the benefits of cranberry extract.
NAD, the advertising industry’s self-regulatory forum, examined claims made in product packaging and in print, Internet and in-store advertising, following a challenge by Tom’s of Maine, the maker of a competing natural toothpaste.
Claims at issue included:
NAD noted in its decision that a “clinically proven” claim “is an establishment claim that is held to a very high standard of proof because establishment claims are, in essence, a promise that there is scientific evidence that proves or ‘establishes’ the truth of an advertiser’s claims.” An advertiser, to support such claims, must produce as evidence reliable and well-controlled clinical testing on the advertised product.
As support for the claims at issue, the advertiser provided three clinical studies – two were conducted on adult subjects and tested Burt’s Bees Natural Multicare with Fluoride and Burt’s Bees Natural Whitening without Fluoride and one was conducted on children (ages 10-17) and tested Burt’s Bees Kids without Fluoride.All three studies were conducted versus a leading fluoride toothpaste.
NAD determined that the studies were robust and the methodology of each study was sound and concluded that the advertiser had provided a reasonable basis for its claims “Clinically proven to improve oral health” and Burt’s Bees toothpaste has been clinically tested on children to be supported.
However, NAD had many concerns about the sufficiency of the advertiser’s evidence to support its “plaque-fighting cranberry extract” claim and found the advertiser’s evidence insufficient to support such claims. NAD recommended the advertiser modify claims that reference the performance capability of the cranberry extract ingredient to more accurately reflect the current state of the science – that there is emerging evidence that cranberry extract may help to inhibit certain bacteria responsible for forming plaque from adhering to teeth.
NAD noted that the advertiser has modified its Website to remove a reference to “dentist recommended,” a modification that NAD found to be necessary and proper.
NAD determined, however, that a reference to Dr. Jill Lasky – who is featured on the site as a dentist and mother seeking to use natural products – did not convey a dentist-recommended or dentist-endorsement message. NAD noted that the advertiser clearly and conspicuously disclosed that Dr. Lasky is a paid spokesperson for Bert’s Bees. That disclosure states in part “[t]he personal opinions expressed in these articles are not intended as dental professional recommendations or prescribing information. Please be sure to ask your dentist for more information and what's right for you.”
Burt's Bees, in its advertiser’s statement, said that while it believes its claims regarding cranberry extract were substantiated, “we will take NAD's recommendation to qualify such claims into account when promoting the benefits of our cranberry extract ingredient in the future.”
More info:www.narcpartners.org
NAD, the advertising industry’s self-regulatory forum, examined claims made in product packaging and in print, Internet and in-store advertising, following a challenge by Tom’s of Maine, the maker of a competing natural toothpaste.
Claims at issue included:
- “Clinically proven to improve oral health.”
- “Natural, effective toothpaste clinically proven to improve oral health.With real cranberry extract known to block bacteria from adhering to teeth and gums, helping prevent plaque formation before it starts.”
- Burt’s Bees Toothpaste Has Been Clinically Tested on Children (pursuant to the claim “contains real cranberry extract, known to block bacteria from adhering to little teeth and gums, it helps prevent plaque formation before it starts”)
- Contains “plaque-fighting cranberry extract.”
- “Dentist Recommended”
NAD noted in its decision that a “clinically proven” claim “is an establishment claim that is held to a very high standard of proof because establishment claims are, in essence, a promise that there is scientific evidence that proves or ‘establishes’ the truth of an advertiser’s claims.” An advertiser, to support such claims, must produce as evidence reliable and well-controlled clinical testing on the advertised product.
As support for the claims at issue, the advertiser provided three clinical studies – two were conducted on adult subjects and tested Burt’s Bees Natural Multicare with Fluoride and Burt’s Bees Natural Whitening without Fluoride and one was conducted on children (ages 10-17) and tested Burt’s Bees Kids without Fluoride.All three studies were conducted versus a leading fluoride toothpaste.
NAD determined that the studies were robust and the methodology of each study was sound and concluded that the advertiser had provided a reasonable basis for its claims “Clinically proven to improve oral health” and Burt’s Bees toothpaste has been clinically tested on children to be supported.
However, NAD had many concerns about the sufficiency of the advertiser’s evidence to support its “plaque-fighting cranberry extract” claim and found the advertiser’s evidence insufficient to support such claims. NAD recommended the advertiser modify claims that reference the performance capability of the cranberry extract ingredient to more accurately reflect the current state of the science – that there is emerging evidence that cranberry extract may help to inhibit certain bacteria responsible for forming plaque from adhering to teeth.
NAD noted that the advertiser has modified its Website to remove a reference to “dentist recommended,” a modification that NAD found to be necessary and proper.
NAD determined, however, that a reference to Dr. Jill Lasky – who is featured on the site as a dentist and mother seeking to use natural products – did not convey a dentist-recommended or dentist-endorsement message. NAD noted that the advertiser clearly and conspicuously disclosed that Dr. Lasky is a paid spokesperson for Bert’s Bees. That disclosure states in part “[t]he personal opinions expressed in these articles are not intended as dental professional recommendations or prescribing information. Please be sure to ask your dentist for more information and what's right for you.”
Burt's Bees, in its advertiser’s statement, said that while it believes its claims regarding cranberry extract were substantiated, “we will take NAD's recommendation to qualify such claims into account when promoting the benefits of our cranberry extract ingredient in the future.”
More info:www.narcpartners.org