National Advertising Division’s Response
New York, NY – The National Advertising Division (NAD) of BBB National Programs has responded to a challenge from competitor PIM Brands, Inc. by advising General Mills, Inc. to modify or discontinue specific claims regarding the fruit and vegetable content in Mott’s Fruit Flavored Snacks and the nutritional benefits they purport to provide.
Initially, NAD determined that PIM’s concerns about the labeling and website of Mott’s did not fall under its purview.
General Mills argued that a prior court order from a previous legal matter prevented NAD from addressing these claims since it had already reviewed similar assertions related to labeling and the website.
Upon further examination of the disputed claims alongside the court’s ruling, NAD acknowledged that some allegations were indeed similar to those evaluated previously.
As a result, NAD chose not to exercise jurisdiction over those particular claims.
NAD’s Scrutiny and Findings
Nonetheless, NAD confirmed its authority over claims outside the scope of the court’s decision.
Focusing on the claims within its jurisdiction, NAD scrutinized certain advertisements for Mott’s Fruit Flavored Snacks found on third-party retail websites.
They concluded that these ads did not suggest unsupported implications about the snacks’ fruit and vegetable content or their nutritional benefits.
However, the NAD identified that other contested advertising materials conveyed misleading messages, including:
- The idea that the product is made with fruits and vegetables.
- The suggestion that it contains whole fruits and vegetables.
- The claim that fruit and vegetable juice concentrate contributes nutritional value.
NAD found that General Mills lacked adequate support for these implied claims, pointing to several social media posts and consumer reviews shared by the company that claimed the snacks helped children consume more fruits and vegetables without any artificial colors.
Recommendations and Commitment
Consequently, NAD recommended that General Mills refrain from using the disputed reposted reviews in its advertising and reevaluate its marketing approach to avoid suggesting that Mott’s Fruit Flavored Snacks contain or are made from whole fruits and vegetables or that the juice concentrate has significant nutritional benefits.
General Mills has expressed its commitment to follow NAD’s recommendations.
Source: Legalreader