“Gum Detoxify” Claims Challenged
Qualifying claims makes them easier to substantiate
In an ongoing saga of the dental care and teeth whitening industry, a large company’s “gum detoxify” and other claims were challenged by a competitor in this National Advertising Division (NAD) case.
Crest, the company making the “gum detoxify” claim, qualified the claims on their packaging by specifying what this actually means. This is a smart approach to ensuring that general claims like “detoxify” are not misinterpreted. NAD also reviewed the company’s supporting data for this narrow claim and found that it was supported.
From NAD case: “In context, the “Gum Detoxify” claim is qualified by the claim “neutralizes plaque bacteria, even around the gumline, for 24 hours,” which narrows the claim meaning to communicate that the detoxification benefit relates specifically to plaque and gingivitis.”
A key takeaway is that qualifying claims on product packaging can help ensure that “reasonable consumers” are not inadvertently misled. This is especially important in the tit-for-tat dental health product industry that is filled with NAD challenges.
Also, NAD determined that the phrase “neutralizes plaque” does not mean it removes 100% of all plaque. Hey marketers, can you think of compliant ways to use “neutralize?”
From NAD case: “NAD determined that the term “neutralizes” in the challenged claim “Neutralizes Plaque Bacteria, Even Around The Gumline, For Up To 24 Hours (With Twice A Day Brushing),” is not an absolute claim that 100% of plaque bacteria will be made entirely ineffective by brushing with Crest Gum Detoxify.”
Read the NAD case here.
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