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ARTICLE · 26 AUGUST 2020

A Tree Grows In Your Laundry Detergent: NAD Examines "Plant-Based" Claims

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In a recent case, NAD examined claims made by P&G for its plant-based laundry detergent, Tide purclean, as challenged by competitor Seventh Generation.

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In a recent case, NAD examined claims made by P&G for its plant-based laundry detergent, Tide purclean, as challenged by competitor Seventh Generation.  Although NAD addressed a number of issues, this post will focus on the issues relating to P&G's "plant-based" claims which the advertiser used in different ways in different media. This Decision demonstrates yet again that, especially at NAD, context is critically important in evaluating the takeaway of a claim.  

First, NAD examined P&G's "plant-based" claim in the context of the product label.  With respect to the front panel, NAD determined that P&G's claim, particularly when used in conjunction with leaf imagery,  reasonably conveyed a message that the product is 100% "plant-based," especially when used in conjunction with the name "purclean." (Readers of this blog may recall NAD's earlier Decision regarding the impact of fish imagery on a product label.)  NAD found that, although the seal disclosed that just

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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