NAD Recommends P&G Discontinue Claim That Olay "Improves Skin 3X Better" Than Leading Body Wash

• Published date: 30 March 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Advertising, Marketing & Branding
• Law Firm: Manatt, Phelps & Phillips LLP
• Author: Mr Jeffrey S. Edelstein

The National Advertising Division (NAD) of BBB National Programs has recommended that The Procter & Gamble Company (P&G) discontinue the claim that Olay Premium body wash "improves skin 3X better" than the leading body wash. The claim was challenged by Unilever United States, Inc. (Unilever), which makes the leading body wash, Dove Deep Moisture. The claim was made in television, digital and print advertising.

NAD found that one reasonable interpretation of the claim in each of the challenged ads is that Olay Premium body wash improves skin 3X better with regard to any one of the skin attributes mentioned in the ads, such as brightness, smoothness, radiance, hydration and wrinkles. NAD found that even when the 3X improvement claim is not featured with other skin attributes, the net impression is still general skin improvement. In addition, NAD found that the claim conveyed a message of comparative superiority versus Dove.

NAD determined that the disclosure "versus the leading body wash after 14 days, based on clinical moisture retention" in the advertising was not sufficient to qualify the takeaway of the claim "improves skin 3X better" to clinical moisture retention. NAD found that the disclosure was not clear and conspicuous. In addition, NAD found the language of the disclosure ambiguous. NAD stated that it is unclear whether average consumers understand the meaning of the term "clinical moisture retention." One reasonable consumer takeaway is that the disclosure limits the claim to improved moisturization of skin, which NAD stated is not the same as clinical moisture retention.

To support the claim, P&G submitted a controlled, randomized, double-blinded Leg Controlled Application Test (LCAT). NAD stated that the LCAT is a well-accepted clinical method for in vivo testing of cleansing products. NAD found that P&G's LCAT methodology is consumer relevant and tested an appropriate population.

Unilever critiqued the study for several reasons, including that it tested an old formulation of Dove and that it tested Olay Ultra Moisture body wash rather than the Olay Premium body wash featured in the ads. NAD rejected this critique, finding that there is no material difference between the old and new formulations of Dove, nor is there a relevant difference between the Olay Ultra Moisture body wash product tested and the Olay Premium body wash product featured in the ads.

However, NAD concluded that the LCAT study was not a good fit to support the claim that...