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ARTICLE · 22 NOVEMBER 2019

Substantiate Your "Favorites"

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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The National Advertising Review Board (NARB) upheld the National Advertising Division's (NAD) decision that Goya Foods, Inc.'s claim that its Excelsior brand pasta

United StatesMedia, Telecoms, IT, Entertainment

The National Advertising Review Board (NARB) upheld the National Advertising Division’s (NAD) decision that Goya Foods, Inc.’s claim that its Excelsior brand pasta was “la pasta favorita de Puerto Rico” was an unsupported objective preference claim. The claim (which translates to “The Favorite Pasta of Puerto Rico” or “Puerto Rico’s Favorite Pasta”) was challenged by Riviana Foods, Inc. Riviana sells the Ronzoni pasta brand in Puerto Rico and is the leading pasta brand there, with approximately 30% market share. It alleged that the “favorite” claim communicates an objective message—that Excelsior pastas are preferred over all other available brands. According to Riviana, Goya could potentially support this claim with either market share data or consumer survey evidence. As Riviana is the market leader in Puerto Rico and Goya offered no survey evidence, Riviana argued that the “favorite” claim was unsupported. 

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