08.13.21
Following a BBB National Programs National Advertising Division (NAD) challenge brought by SC Johnson & Son, Inc., Three Kings Corporation has permanently discontinued advertising claims regarding the effectiveness and duration of the antibacterial properties of its DAB Defense Against Bacteria Hand Sanitizer + Protectant.
The challenged claims, which appeared online and in social media, included, but were not limited to:
• "DAB kills 99.99% of all hand-transmitted bacteria on contact. Then a glove-like barrier provides hours-long defense."
• "DAB kills 99.98% of tested bacteria continuously for 4 hours - creating a glove-like barrier."
• "Kills 99.98% of germs tested continuously for 4 hours."
• "1 Pump = 4 Hours of Clinically Proven Protection / Kills 99.99% of Illness Causing Hand Bacteria."
• "DAB's protection is clinically proven and has been evaluated in the American Journal of Infection Control…twice."
• "DAB hand protectant and sanitizer foam . . . [is] more powerful than old-fashioned hand sanitizer and backed by rigorous independent testing.
• "[S]tudies have proven [DAB] to be more effective than alcohol-based products."
• "I haven't gotten sick this year while using DAB. Even after taking care of my sick Dad in the hospital."
• Education Video: "But as those students spread germs, and bacteria morph and become resistant to standard sanitizers, the chance of runny noses and missed classes increases. With alcohol-based sanitizers no longer getting the job done, isn't it time for something new? Meet DAB. This game-changing hand protectant and sanitizer kills 99.999% of school bacteria, including ones like Staphylococcus aureus, which cause staph infections. But students aren't the only ones who will notice a difference. Everyone who uses it will."
• "A recent American Journal of Infection Control article says DAB's formulation testing results 'show a major improvement in persistent antibacterial activity' when compared to traditional hand sanitizers."
• "DAB provides unmatched, long-lasting hand sanitizing and protection. Backed by rigorous independent testing, our exclusive formulation is not just more effective, it's safer and more affordable, too."
SC Johnson also challenged implied claims that DAB provides a continuous 99.99% level of protection for four hours against the same bacteria and viruses that it kills on contact when initially applied; DAB hand sanitizer is as effective in keeping bacteria off a user's hands as wearing gloves; DAB provides a continuous 99.99% level of protection against the same bacteria and viruses that it kills on contact when initially applied, even when the individuals who use DAB are engaged in repetitive activities with their hands; DAB does not rub off when the user touches surfaces and is only removed when hands are washed thoroughly with soap and water; DAB is effective in preventing illnesses and reducing sick days; and health care facilities, schools, and businesses who use DAB will experience fewer sick days than if they use alcohol-based hand sanitizers.
During the proceeding, the advertiser informed NAD it would take voluntary action to permanently discontinue each of the challenged express and implied claims. Therefore, NAD did not review these claims on the merits.
In its advertiser statement, Three Kings Corporation stated that it "agrees to comply with NAD's decision." The advertiser further stated that it "does not concede there was anything misleading about the challenged claims, but has voluntarily discontinued them for business reasons and to conserve the time and resources of NAD and the parties."
The challenged claims, which appeared online and in social media, included, but were not limited to:
• "DAB kills 99.99% of all hand-transmitted bacteria on contact. Then a glove-like barrier provides hours-long defense."
• "DAB kills 99.98% of tested bacteria continuously for 4 hours - creating a glove-like barrier."
• "Kills 99.98% of germs tested continuously for 4 hours."
• "1 Pump = 4 Hours of Clinically Proven Protection / Kills 99.99% of Illness Causing Hand Bacteria."
• "DAB's protection is clinically proven and has been evaluated in the American Journal of Infection Control…twice."
• "DAB hand protectant and sanitizer foam . . . [is] more powerful than old-fashioned hand sanitizer and backed by rigorous independent testing.
• "[S]tudies have proven [DAB] to be more effective than alcohol-based products."
• "I haven't gotten sick this year while using DAB. Even after taking care of my sick Dad in the hospital."
• Education Video: "But as those students spread germs, and bacteria morph and become resistant to standard sanitizers, the chance of runny noses and missed classes increases. With alcohol-based sanitizers no longer getting the job done, isn't it time for something new? Meet DAB. This game-changing hand protectant and sanitizer kills 99.999% of school bacteria, including ones like Staphylococcus aureus, which cause staph infections. But students aren't the only ones who will notice a difference. Everyone who uses it will."
• "A recent American Journal of Infection Control article says DAB's formulation testing results 'show a major improvement in persistent antibacterial activity' when compared to traditional hand sanitizers."
• "DAB provides unmatched, long-lasting hand sanitizing and protection. Backed by rigorous independent testing, our exclusive formulation is not just more effective, it's safer and more affordable, too."
SC Johnson also challenged implied claims that DAB provides a continuous 99.99% level of protection for four hours against the same bacteria and viruses that it kills on contact when initially applied; DAB hand sanitizer is as effective in keeping bacteria off a user's hands as wearing gloves; DAB provides a continuous 99.99% level of protection against the same bacteria and viruses that it kills on contact when initially applied, even when the individuals who use DAB are engaged in repetitive activities with their hands; DAB does not rub off when the user touches surfaces and is only removed when hands are washed thoroughly with soap and water; DAB is effective in preventing illnesses and reducing sick days; and health care facilities, schools, and businesses who use DAB will experience fewer sick days than if they use alcohol-based hand sanitizers.
During the proceeding, the advertiser informed NAD it would take voluntary action to permanently discontinue each of the challenged express and implied claims. Therefore, NAD did not review these claims on the merits.
In its advertiser statement, Three Kings Corporation stated that it "agrees to comply with NAD's decision." The advertiser further stated that it "does not concede there was anything misleading about the challenged claims, but has voluntarily discontinued them for business reasons and to conserve the time and resources of NAD and the parties."