Popular toothpaste Sensodyne is no longer allowed to claim it is the “No. 1 dentist-recommended toothpaste”, unless it has a prominent qualifier – this after a legal tussle with US company Colgate-Palmolive in South Africa, reports Business Day.
Last year, the Advertising Regulatory Board (ARB) dismissed complaints by Colgate against Sensodyne’s toothpaste range adverts. The brand is owned by British group Haleon.
Although Colgate objected to a number of Sensodyne claims, including those about cavity protection, the ARB found these claims were adequately substantiated, so Colgate then turned to the ARB’s Advertising Appeals Committee to focus on one claim specifically: “No.1 dentist-recommended toothpaste”, which is accompanied by the smaller disclaimer “No.1 dentist-recommended brand for sensitive teeth”.
While research confirms Sensodyne is the top dentist-recommended brand for sensitivity, Colgate argues that shoppers won’t realise the claim applies only to sensitivity, not to whitening or cavity protection, which are punted by some types of Sensodyne toothpaste. The disclaimer is also too small, it said.
Haleon defended the ads, saying the disclaimer is visible, legible, and near the headline claim. It said that while Sensodyne’s range extends beyond sensitivity products, all variants advertise sensitivity relief as a primary benefit.
But the appeals board rejected these arguments, ruling that the headline claim was, in fact, misleading.
“There is a material difference between being the number one dentist-recommended brand for a specific condition, such as sensitive teeth, and being the number one dentist-recommended brand across the category generally,” it said.
The disclaimer was also “materially smaller” than the substantive copy, it added, which conflicts with local advertising rules stating that the type-size of an explanatory footnote cannot be smaller than that used in the ad’s substantive copy.
The appeals body instructed its members (including marketers and media groups) not to accept Sensodyne advertising that contains the claim “No.1 dentist-recommended toothpaste” if the ad does not state with equal prominence that the recommendation is for sensitive teeth specifically.
News24 article – Blow to Sensodyne over dentist claim in SA advertising (Restricted access)
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