In its advertiser statement, General Mills stated that it will comply with NAD’s recommendation.
New York, NY – In a challenge brought by competitor PIM Brands, Inc., BBB National Programs’ National Advertising Division recommended that General Mills, Inc. discontinue or modify certain express and implied claims regarding the fruit and vegetable content of Mott’s Fruit Flavored Snacks and the nutritional benefits of those ingredients.
The National Advertising Division (NAD) first determined that PIM’s challenge to labeling for Mott’s Fruit Flavored Snacks and Mott’s website fell outside NAD’s jurisdiction. General Mills argued that NAD lacked jurisdiction over these claims because of a court order in litigation where the court reviewed these same labeling and website claims.
NAD reviewed the challenged claims and the court’s order and determined that certain claims in that proceeding are the same and were subject to the court’s order and determined that it will decline to exercise jurisdiction over those claims.
NAD determined, however, that it retains jurisdiction of claims not covered by the court’s order.
For claims over which it retained jurisdiction, NAD determined that certain challenged advertising appearing on third-party retailer websites for Mott’s Fruit Flavored Snacks did not communicate any unsupported implied message about Mott’s Fruit Flavored Snacks’ fruit and vegetable ingredients or nutritional qualities.
NAD determined, however, that certain remaining challenged advertising for Mott’s Fruit Flavored Snacks reasonably conveyed the message that:
- The product contains fruits and vegetables;
- The product is made with whole fruits and vegetables; and
- Fruit and vegetable juice concentrate provides nutritional benefits.
NAD found that General Mills failed to support these implied claims through challenged social media posts and by reviews reposted by General Mills, including:
- “These are great. Way [sic] to get my kids to eat fruits and vegetables. They have [had] a package each night after dinner for years and years.”
- “My kids love eating these and I love the fact that it’s made with real fruits and vegetables and no artificial colors. It helps with trying to show them how to eat mindfully and healthy.”
NAD recommended that General Mills discontinue the challenged reposted reviews in its advertising and modify its advertising to avoid conveying the implied messages that Mott’s Fruit Flavored Snacks contain fruits and vegetables, are made with whole fruits and vegetables, or the fruit and vegetable juice concentrate in Mott’s Fruit Flavored Snacks provides nutritional benefits.
In its advertiser statement, General Mills stated that it will comply with NAD’s recommendation.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Join the conversation!