National Advertising Division Finds SharkNinja's NeverStick Cookware Brand Name Not Misleading, But Recommends "Never Sticks" Claims be Discontinued
However, NAD recommended that the advertiser discontinue express and implied claims that its Foodi NeverStick cookware "never sticks," such as "the NeverStick cookware that NEVER sticks, chips or flakes" and "grab the cookware that never sticks."
NEW YORK, Aug. 17, 2021 /PRNewswire/ -- The National Advertising Division (NAD) of BBB National Programs determined that the name NeverStick, used for SharkNinja Operating, LLC's non-stick cookware, was not false or misleading when used as a brand name standing alone. However, NAD recommended that the advertiser discontinue express and implied claims that its Foodi NeverStick cookware "never sticks," such as "the NeverStick cookware that NEVER sticks, chips or flakes" and "grab the cookware that never sticks." NAD also recommended that SharkNinja discontinue claims that NeverStick has a "lifetime guarantee."
The claims at issue were challenged by Sunbeam Products, Inc.
SharkNinja markets and sells its non-stick cookware under the brand Foodi NeverStick. Non-stick cookware contains a layer of non-stick coating, typically Teflon or ceramic, that helps prevent food from sticking to cookware, reducing, or even eliminating the need to apply oil or butter before cooking.
NAD determined that when viewed in context, claims that NeverStick cookware "never sticks" reasonably convey an unsupported superiority message that, unlike traditional non-stick cookware which rapidly loses its non-stick properties, NeverStick cookware would exhibit a greater level of resistance against sticking, chipping, and flaking. After reviewing the evidence offered by SharkNinja in support of this claim, as well as the challenger's rebuttal evidence, NAD determined that although the advertiser may be able to substantiate a monadic claim about its cookware, it did not provide sufficient evidence to support its superiority message.
As a result, NAD recommended that SharkNinja discontinue claims that NeverStick cookware "never sticks." However, NAD determined that the name NeverStick, when used as a brand name standing alone, was not false or misleading, so long as the context in which the product name is used does not otherwise reinforce misleading overall superiority messages.
NAD also recommended that SharkNinja discontinue claims that NeverStick has a "lifetime guarantee." NAD determined that a reasonable takeaway from such claims is that the product's useful life is far longer than the five years for which it is guaranteed, and also that the context of the advertising conveys the message that the "lifetime guarantee" will allow consumers to act on the guarantee if the pan does not continue to perform for as long as or longer than typical non-stick pans. NAD noted that the disclaimer, "When used as directed. Lifetime based on 5 years of use," does little to qualify and, in fact, directly contradicts the main message that NeverStick cookware is guaranteed for a longer period of time than traditional non-stick cookware.
In its advertiser statement, SharkNinja stated that it "agrees to comply with NAD's decision." The advertiser further stated that "it disagrees with NAD's criticisms of its product testing but will take NAD's decision and recommendations into consideration for future advertising."
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About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD 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.
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