This week, NAD announced a decision in a dispute between Owlet and Nanit, two companies that make smart baby monitors. Although the decision covers a lot of ground, today we’ll just focus on a topic that regularly comes up across many industries—popularity claims. Specifically, we’ll look at what NAD had to say about Nanit’s claims that its products were the “most loved,” “#1 most loved,” “internet’s favorite,” and “most awarded.”
“Most Loved” and “Favorite” Require Proof
Nanit first argued that claims such as “most loved,” “#1 most loved,” and “internet’s favorite” were puffery, but NAD rejected that argument, holding that a reasonable consumer would expect these types of claims to be supported by objective evidence.