NAD recently announced a Decision in a challenge brought by Tyson Foods against Perdue Farms. Perdue’s broadcast and Youtube ads promote Harvestland Organic, Perdue’s organic chicken sku. At issue were the claims that all Perdue chickens are happy and raised organically.
Although Perdue introduced consumer perception data to support its position that the claims are limited to the Harvestland Organic chickens only, NAD concluded from its own review of the survey that more respondents took away a line claim, i.e., that the happy organic claims apply to all Perdue chickens, not just to the Harvestland Organic ones.
Accordingly, NAD recommended that Perdue modify or discontinue its ads, to make clear that the claims apply solely to Harvestland Organic chickens, not to all Perdue chickens. Perdue is appealing.
NAD’s “jurisprudence” on line claims is extensive and definitely worth studying when developing or reviewing claims made for one of an advertiser’s sub-brands that don’t apply across the board.