Exploring “#1 Best Selling” Statements
Review all marketing in context
“#1 Best Selling Brand” is a bold statement to make. In this case, the National Advertising Division (NAD) helps clarify what this means and how to substantiate it.
One of the challenged claims was “#1 Best Selling Beets Brand in America.” The challenger asserted “that dollar sales—not unit sales—are the appropriate measure of marketplace leadership and that its brand leads on that basis.” NAD had a different opinion. The key point is that following precedent, especially when statements significantly impact purchasing behavior, is a good idea.
From NAD decision summary. “Consistent with its precedent, NAD determined that unit sales are generally the appropriate metric for substantiating such claims. NAD found that the record did not demonstrate that differences in product form, size, or pricing made unit sales an unreliable measure in this case.”
However, NAD recommended that the broader “#1 Beets Brand in America” claim be qualified to disclose that the ranking was based on total unit sales. This distinction is interesting.
“#1 Best Selling Beets Brand in America” has substantiation precedent with unit sales numbers, whereas “#1 Beets Brand in America,” without qualification, could potentially mean something slightly different. The nuances play an important role in compliance. When in doubt, check how a reasonable consumer (i.e., net impression) views the advertising.
From NAD decision summary. “NAD noted that “#1” claims are highly influential and typically communicate that a product is purchased more often than competitors. NAD concluded that … had a reasonable basis for the claims “America’s #1 Best-Selling Beets Brand,” the “#1 Best Selling Beets Brand in America,” and the “#1 Beets Brand in America” with current data on total unit sales.
NAD case summary.
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