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VIDEO · 28 MARCH 2023

NARB Recommends Better Distinction Between Current Achievements And Future Goals (Video)

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

Kelley Drye & Warren LLP

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Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or "ABA"). NAD found that several of ABA's claims...

United StatesMedia, Telecoms, IT, Entertainment

Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or "ABA"). NAD found that several of ABA's claims – including claims that "our bottles are made to be remade" and "we're carefully designing our bottles to be 100% recyclable" – were substantiated, but had concerns with others. ABA appealed the decision. Last week, NARB issued its own decision, siding with NAD. Here are some highlights.

Although NAD determined that certain bottles could be recycled in at least 60% of recycling programs nationwide, NAD found that ABA's claim that "they're collected and separated from other plastics so they can be turned back into material that we use to make new bottles" conveys a message that the bottles are recycled (as opposed to a message that they could be recycled). NAD held that "the challenged claim does not make clear that this is a goal towards which the companies are working to achieve."

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