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ARTICLE · 21 APRIL 2025

NAD Deflates Disparaging 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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Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​"that inflates and deflates like a balloon.

United StatesMedia, Telecoms, IT, Entertainment

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress "that inflates and deflates like a balloon. Because that's how a Sleep Number mattress works. When you select your Sleep Number, you're adding or removing air, which basically makes it an air mattress." The ads show a Sleep Number mattress deflating and end with a pitch about why Tempur-Pedic mattresses are better.

Sleep Number wasn't going to take that lying down, and the company filed an NAD challenge alleging that the videos convey a false and disparaging message about the quality and functionality of their mattresses. Tempur-Pedic argued that because Sleep Number mattresses do actually inflate and deflate using air, describing them as "basically an air mattress" is truthful and not misleading.

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