First, you need to watch this ad:
All of us can appreciate a commercial that makes us laugh but sometimes the claims still strike a serious note. The ad you just saw was reviewed by NAD as part of its internal monitoring program rather than based on a challenge lodged by a competitor. The ad, for Minute Maid Enhanced Juice Blend shows a young woman approach a man and say “I think you are the father of one of my children”. Man looks confused for a moment and says “Cancun, Spring break ‘99?” The announcer declares “Opps, someone forgot to boost” and a close up shot appears of the juice with the label that reads “5 nutrients to support brain and body.” The scene plays again, after the man takes a big gulp, but this time in response to the woman’s question, the man remembers she is the art teacher of one of his children.
The advertiser asserted that this was a classic structure/function claim in which the juice is fortified with nutrients to “help nourish your brain” and “with 5 ingredients to support brain and body”. Such claims, the advertiser asserts, are permitted by the FDA for dietary supplements and functional foods when the claims are supported by studies and limited to promoting the role the nutrients play in the structure and function of the body as opposed to any claims of curing disease. The advertiser points to numerous ingredient studies showing that the nutrients added to its juice, DHA, choline, Vitamins B12, C and E and glucose, all support the brain and body.
So far so good but NAD’s analysis did not end there. NAD found the ad included an implied claim that drinking the juice will result in substantially and immediate improved memory capabilities based on the fact that the man in the ad took a sip of his juice, got a boost and then was able to correctly recall the identity of the woman. While NAD agreed with the advertiser that the depiction was not a literal product demonstration, NAD concluded that the use of humor still can convey messages that require substantiation. NAD concluded that the proffered studies did not support the claim of improved memory in healthy adults but were generally limited to studies of elderly subjects with mild age-related cognitive decline and to effects in infants and children. NAD recommended that the advertiser discontinue the ad.
As this case demonstrates it is often difficult to draw the line between making a point with humor that is so exaggerated that no consumer would literally believe it (think Holiday Inn Express commercial where guest who sleeps there overnight can do amazing things the next morning) versus using humor to make your claim to consumers in a way they will find appealing. And, in today’s regulatory environment, claims relating to health and nutrition may be no laughing matter.
And just to prove there is nothing wrong with our memory, here’s another funny ad relating to memory that’s one of our favorites.
Advertising legend has it that while this ad met with industry approval, it was pulled after its showing during the 1997 Superbowl -- not because the claims weren’t true but due to protests from franchisees and a call in campaign from offended viewers.
