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ARTICLE · 08 NOVEMBER 2013

Using Employee Testing To Substantiate Claims Is A Little Nutty Per NAD

NAD recently issued a decision in another monitoring case.

United StatesMedia, Telecoms, IT, Entertainment

NAD recently issued a decision in another monitoring case. (This seems like a really robust season for NAD's own challenges — we have blogged about other recent monitoring cases here, here, and here.). The focus this time was on reduced calorie, weight loss and healthy claims.  The products at issue were made by Walden Farms, maker of a large line of calorie free foods.   The products were, as promised, calorie free.  NAD found the claims that such products were delicious to be puffing.  NAD found the natural claims made related to the products were clearly limited to a promise that the flavors were natural rather than the products as a whole because the reference to natural was always connected to mention of the flavors instead of the overall product and Walden did not use farm or other outdoor imagery that could convey a broader natural promise.  So far so good.  But here's where it gets interesting.

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