NAD Considers Context In Puffery Argument

Stokely-Van Camp (or "SVC"), the makers of Gatorade, recently challenged claims made by BodyArmor about its SuperDrink and Lyte sports drinks, including banners with the following text:

• The only sports drink. No artificial sweeteners, flavors, or dyes. Potassium packed electrolytes.
• The only sports drink. Low calorie. No sugar added. No artificial sweeteners, flavors, or dyes.

SVC worried that consumers would view these claims as comparisons to Gatorade products. BodyArmor disagreed. It argued that the first sentence - "the only sports drink" - was obvious puffery because no reasonable consumer would believe that BodyArmor is the only sports drink on the market. And it argued that the subsequent sentences were truthful monadic claims about its own products.