Environmental and ingredient-based advertising claims face heightened scrutiny. In a challenge brought by Perfetti Van Melle USA, Inc. against Mazee, LLC, the maker of Glee Gum, the BBB National Programs National Advertising Division (NAD) ruled on the finer points of advertising a gum marketed as “natural.”
Challenge Background
Glee Gum is advertised as an “eco-gum” made from chicle, a tree sap harvested in rainforests in Central America. According to Mazee’s documentation and carbon-14 testing the company submitted, the gum’s base consisted of approximately 94 percent chicle, with the remaining 6 percent comprised of candelilla wax and citric acid.
Perfetti challenged the “eco-gum” representations, arguing that the supplier information did not establish that chicle was an ingredient, because the Chemical Abstracts Service (CAS) Registry Number cited by Mazee for “chicle tree sap” did not correspond to the CAS Registry Number for chicle. Additionally, Perfetti contended that the carbon-14 testing submitted by Mazee demonstrated only whether the carbon content was plant-based, rather than fossil-based, not whether the gum base actually contained chicle.
NAD Ruling and Reasoning
The challenged advertising included express claims such as:
- “Natural chewing gum”
- “Plastic free”
- “Most gum brands use plastic in their gum base. Not Glee. We use chicle, a tree sap sustainably harvested from the rainforests of Central America.”
- “Glee is plant-based through and through; change what you chew.”
- “Plant-based and plastic-free”
- “Made with chicle”
Perfetti submitted expert analysis suggesting that Glee Gum included synthetic materials, rather than chicle. The NAD considered this alongside concerns regarding the cited CAS Registry Number and the scientific limitations of carbon-14 testing. It concluded that Mazee had not adequately substantiated its “natural” and related claims. Mazee was recommended to modify or discontinue these claims unless and until they could be properly supported.
“Natural,” “plant-based,” and “eco-friendly” claims are scrutinized closely by regulators, consumers, and competitors. Brands and advertisers must be prepared to substantiate claims about the presence of ingredients, and also about their absence. Evidence about ingredient sourcing and the analytical methods used in crafting claims from research may be supplemented by consumer perception research.
Evidence-Based Claim Substantiation
Consumer perception and claim substantiation surveys protect brands from costly challenges. IMS Legal Strategies designs and executes claim substantiation research and consults on claims strategies that support defensible ingredient and environmental claims.
