The National Advertising Division (NAD) of the BBB National Programs has found that men’s personal care product company Dr. Squatch, LLC has supported its “No Harmful Ingredients” claim, and has recommended that the brand discontinue other comparative marketing claims such as “its use of the skull and crossbones imagery in the context of the “no harmful ingredients” and “Sh*t List” claims,” said a recent NAD press release.
The claims at issue, the release continued, “which appeared on the Dr. Squatch website, in video advertisements, social media, and videos on YouTube, were challenged by Unilever U.S., Inc., manufacturer of Dove brand cleansers and body washes.”
About BBB National Programs & the NAD
Non-profit organization BBB National Programs “is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years,” according to the organization.
The focus of these programs, as maintained by the organization, is to “provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers… practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas.”
As part of the BBB National Programs, the NAD “provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S.” by reviewing “national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business,” according to the organization.
NAD claim determinations
Regarding Dr. Squatch’s ‘No Harmful/Harsh Ingredient Claims,’ the NAD determined that the challenged claims including ‘No harmful ingredients,’ ‘We never use harmful ingredients or harsh chemicals…’ ‘ Blocks out B.O without harsh chemics,’ and ‘doesn’t burn my armpits…’ “do not convey the implied message that competing products are harmful or dangerous,” according to the NAD press release, and that these claims were supported as the brand “provided a reasonable basis for the message that Dr. Squatch deodorant does not contain harsh chemicals and would, therefore, not burn a user’s armpits.”
As a result, NAD did not recommend that the ‘no harmful ingredients’ claims be discontinued.
However, the release continued, “NAD determined that the skull and crossbones imagery that often accompanies the ‘no harmful ingredients’ and ‘Sh*t list’ claims… conveys a message related to potential harms of ingredients found in personal care products and, when displayed in the context of the ‘Sh*t List,’ further conveys a message that the ingredients listed, which include non-chemical and non-harmful ingredients, are harmful.”
Therefore, NAD recommended that the imagery be discontinued, as “there was no support in the record that the ingredients Dr. Squatch excludes from its products result in the type of harm associated with skull and crossbones,” the release said.
Additionally, the Dr. Squatch’s challenged claim that “for generations, traditional mass market brands have been avoiding using natural ingredients in personal care products to make production cheaper and faster” was found by the NAD to not have a reasonable basis. Therefore, NAD recommended that this claim also be discontinued.
Regarding the brand’s ‘free-from’ claims, which included “I’m never going back to aluminum deodorant again!” and “No X ALUMINIUM X TRICOLOSAN X PHTHALATES…can’t go back to that other junk,” NAD determined that “there was no evidence in the record that conventional deodorants (made by Unilever or other major brands) contain triclosan or phthalates, or that brands that contain these ingredients or aluminum are dangerous or unsafe.”
As a result, NAD recommended that these ‘free-from’ claims be discontinued by Dr. Squatch.
Further, the release detailed that Dr. Squatch’s claim of “don’t hit the showers with neon goop that looks like a sports drink,” is “in context falsely disparaging because it conveys an implied superiority message that mainstream personal care products (some of which may be brightly colored) have a goop-like or unappealing consistency, do not smell good, and are ultimately worthless.”
It was therefore determined by the NAD that this challenged claim also be discontinued by Dr. Squatch. NAD also noted that regarding this specific claim, “nothing in its decision precludes Dr. Squatch from highlighting the benefits of its products, provided, however, the advertising does not otherwise convey the message that competing products are worthless.”
Finally, Dr. Squatch’s challenged claim that “I can even pronounce all the ingredients unlike my last deodorant” was found by the NAD to be lacking support and reasonable basis by the advertiser and was therefore also recommended to be discontinued in Dr. Squatch’s marketing.
Brand response
Following the NAD’s determinations and during the proceeding, the release confirmed that Dr. Squatch agreed to permanently discontinue “several challenged claims." As a result, “NAD did not review these claims on their merits and will treat them for compliance purposes as though NAD recommended, they be discontinued and Dr. Squatch agreed to comply,” the release said.
Further, the release confirmed that Dr. Squatch issued an advertiser statement which stated the brand “‘appreciates NAD’s careful review of its advertisements and will comply with NAD’s recommendations in its future advertising,’ although it disagrees with several of NAD’s findings.”
For more information on this and other BBB National Programs case decisions, summaries can be found in the case decision library.
