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ARTICLE · 22 MARCH 2024

NAD Provides Guidance On ​"Clean" Claims

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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In a recent decision, NAD notes that ​"clean" claims are ​"ubiquitous in the beauty industry." Despite that, the term doesn't have a clear definition and reasonable...

United StatesLitigation, Mediation & Arbitration

In a recent decision, NAD notes that "clean" claims are "ubiquitous in the beauty industry." Despite that, the term doesn't have a clear definition and reasonable minds can disagree over exactly what it means. That creates a challenge for advertisers who are generally required to be able to substantiate all reasonable interpretations of their claims. Although NAD doesn't take a position on what "clean" should mean, the decision provides some helpful guidance for advertisers who want to use the term.

NAD notes that context in which "clean" claims are made dictates their meaning and, therefore, that advertisers should explain exactly what they mean. In a nod to challenges outside of the self-regulatory context, NAD warns that "this is especially important in light of numerous class action lawsuits filed against beauty companies for touting their 'clean' products" which contain ingredients that some may not consider clean. (Click here for an example of one of

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