NARB Panel #122
Background:United Egg Producers ("UEP") was asked by the National Advertising Division ("NAD") to discontinue the use of their animal care certified seal following a challenge by the animal rights group, Compassion Over Killing ("COK”). The NAD was concerned that the seal program inaccurately communicated to consumers that egg producers displaying the certification symbol, or seal, raised their hens in a humane fashion, when, in fact, compliance with the UEP certification guidelines did not ensure conformity with that expectation. UEP disagreed with NAD's ruling and appealed the case to the NARB for further review.
Decision: A hearing was held at the New York offices of the NARB, where representatives of UEP, COK and NAD made presentations to a panel of NARB members regarding the case. Following the hearing the panel reached a unanimous decision finding that UEP's seal program could communicate a misleading message with regard to the level of treatment given to egg laying hens, and therefore asked that UEP either discontinue its use of the seal or modify it to more clearly communicate the guidelines that the seal represents.
The following members served on NARB Panel #122:
- Alice Kendrick (Chair) - Southern Methodist University
- Chris Pulleyn - Buck & Pulleyn, Inc.
- Michael Scherb - PSE&G
- David May - Goldman, Sachs & Company
- Phyllis G. Woolley-Roy - AstraZeneca USA
NARB Panel #123
Background: The NAD recommended discontinuance of numerous performance claims made by Thane International, Inc. ("Thane") in its advertising for the True Sleeper mattress topper. This case originally arose from a challenge filed by three mattress manufacturers (Aero Products International, Inc.; the Select Comfort Corporation; and Tempur-Pedic, Inc.). Thane disagreed with NAD's recommendation and appealed the decision to the NARB.
Decision: Representatives from the NAD, Thane and Select Comfort participated in the appeal hearing. After analyzing the case record and considering each party’s position at the hearing, the NARB upheld the NAD, finding that there was insufficient substantiation to support Thane's performance claims.
The following members served on NARB Panel #122:
- Andrew Fletcher (Chair) - Fletcher Martin Ewing
- C.P. Robinson - Johnson & Johnson
- James Kelly - Combe Incorporated
- Robert Stowe - Wendy's International
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