The claims at issue were challenged by Church & Dwight Co. Inc., maker of Arm & Hammer Plus OxiClean laundry detergent, and included: “All combines In-Wash Pre-Treaters with its active stainlifters to attack tough grass stains for more cleaning power than washing with the leading value detergent and booster combined;” “More Cleaning Power!” and “For Better Stain Removal.”
The broadcast advertising at issue features a visual comparison of the advertiser’s product against an unidentified orange bottle that closely resembles an Arm & Hammer liquid detergent bottle, a voiceover that states “for more cleaning power than just washing with the leading value detergent and booster combined” and the following super: “Comparison based on pretreating and washing with All Stainlifters vs. just washing with the leading value detergent and leading booster combined.”
In evaluating the substantiation for comparative advertising claims, it is well settled that the products being compared must be treated equally and tested in the same manner in which the products are directed to consumers and that comparative demonstrations must fairly and accurately reflect the results that consumers typically see and experience when they use and compare the two products.
In this case, NAD found that in one of the two tests performed by Sun, the products were not treated equally in accordance with product directions. NAD determined that the advertiser’s comparative performance claim, and the supporting evidence for that claim, was premised upon pre-treating and washing a grass-stained garment in “All with Stainlifters” in accordance with product use directions, but ignoring the product-use directions for pre-treating grass stains with the booster and washing with the challenger’s product.