The BBB Programs National Advertising Division (NAD) issued a decision on a challenge brought by Procter & Gamble against advertising claims made by Coterie Baby, Inc., regarding The Diaper, a premium product marketed as hypoallergenic and high performing. Advertising over 12 hours of leak protection, Coterie positioned The Diaper with the tagline: “Finally a Diaper You Won’t Lose Sleep Over.”
Procter & Gamble (P&G), manufacturer of Pampers, Luvs, and other diaper brands, challenged Coterie’s claims before the NAD. At issue were product performance claims about absorbency and skin dryness, as well as endorsement practices on social media.
Absorbing Case Facts
P&G alleged that Coterie made superiority claims, including that The Diaper is “up to four times more absorbent” and “keeps skin up to three times drier” compared to leading brands. P&G also challenged influencer marketing campaigns, noting that Coterie failed to make conspicuous advertising disclosures in Facebook ads.
One Facebook post initially appeared to be an independent review until users clicked through to a blog post, where the disclosure was made. The Federal Trade Commission (FTC) requires a clear disclosure of material connections before consumers engage with sponsored content--not after the fact.
The Decision
The NAD found that Coterie’s evidence--scientific studies offered to support its absorbency and dryness claims--was insufficient to substantiate its claim of superiority over Pampers and other leading brands. By contrast, the NAD determined that the studies presented by P&G were more reliable and methodologically sound.
The NAD cautioned that the use of the phrase “up to” in advertising claims is problematic. Consumers are likely to interpret the statement to mean that the product consistently outperforms competitors at the stated level, rather than under limited or specific circumstances.
Regarding influencer endorsements, the NAD emphasized the importance of conspicuous and upfront disclosure of brand-endorser relationships. Coterie accepted the NAD recommendations and agreed to discontinue challenged claims.
Claim Substantiation Research Absorbs Challenges
When performance claims are the basis for broad marketing campaigns, claim substantiation research should be available in the event of challenges. Scientific studies and consumer perception studies work in tandem to support product performance claims.
Surveys can evaluate whether consumers:
- Interpret claims such as “up to four times more absorbent” as superiority claims,
- Believe performance claims are valid and material to their purchasing decisions, and
- Recognize and understand influencer disclosures before clicking through.
IMS Claim Substantiation Research
IMS Legal Strategies designs and conducts reliable claim substantiation research to support advertising in competitive and regulated markets. Whether preparing to launch a campaign or defending against a challenge before the NAD, NARB, or FTC, our surveys provide the evidence needed to make confident, defensible claims. Contact us today to ensure your claims withstand regulatory and competitor scrutiny.
