Overview: The board of the Better Business Bureau that hears appeals from the NAD, NARB, clarifies guidance for advertisers on emoji use.
A Thirst for Advertising Claim Substantiation
Coca-Cola reformulated Powerade, a fitness drink including electrolytes, and created ad campaigns comparing its product to competitor Gatorade, manufactured by Stokely-Van Camp. Among the Powerade ads was a social media post stating that Powerade has 50% more electrolytes than Gatorade, using a side-by-side comparison of ingredients and a flexed arm emoji with the caption “Don’t underestimate the power of electrolytes.” Stokely-Van Camp claimed these statements were misleading due to the emoji use, which it said implied that Powerade drinkers were stronger than Gatorade drinkers. The other claims in the post–regarding the amount of vitamins and electrolytes in Powerade and Gatorade–were literally true.
NAD Gets a Barb From NARB
The National Advertising Division of the Better Business Bureau (NAD), a private forum for deciding advertising disputes, recommended that Coca-Cola modify its claims. But upon appeal, the National Advertising Review Board (NARB) disagreed, ruling that “the panel does not find that the strong-arm emoji in the context of the comparative post communicates a superiority claim but merely draws attention to the fact that Powerade has increased its electrolytes, which are the core beneficial ingredients in any sports drink.” The NARB did agree with the NAD’s recommendation that Coca-Cola modify advertising that implies that more electrolytes lead to better athletic performance.
The Strong Arm and Consumer Surveys
The strong arm, a healthy brain, and other emoji are regularly featured in digital and social media advertising campaigns. We covered another complaint arising from two baby food makers and emoji here. In this case, while we see the NARB taking less issue with the emoji use in this Powerade ad than NAD did, it does require modification of the underlying implication of the strong arm. That may be useful to advertisers and brands when substantiating their claims. If you are making a direct comparison with a competitor, your claims must be properly substantiated to withstand regulatory scrutiny. MMR Strategy Group can help.
Contact MMR Strategy Group for claim substantiation and consumer surveys.