National Advertising Division Finds Certain Claims for Old Trapper Beef Jerky are Puffery, Recommends Superiority Claims be Modified or Discontinued

New York, NY – January 8, 2024 – In a challenge brought by competitor Link Snacks, Inc., BBB National Programs’ National Advertising Division determined that in context “The Best” and “Clearly the Best” claims made by Old Trapper Smoked Products, Inc. for its Old Trapper Smoked Beef Jerky are puffery and not objective assertions of fact that Old Trapper jerky is “the best.”

However, the National Advertising Division (NAD) recommended that Old Trapper discontinue the challenged ingredient claims to avoid conveying the message that they are using superior ingredients.

“The Best” and “Clearly the Best” Claims

NAD determined that the following claims were puffery:

• Clearly the Best Beef Jerky.
• The Best Ingredients Create the Best Beef Jerky.
• Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best.

NAD noted that:

• Old Trapper’s “Clearly the Best Beef Jerky” slogan, when used on its product packaging and website, conveys a message of corporate pride, and the use of “best” is not comparative as no specific competitor or ingredient is identified. In these contexts, the challenged claims are unquantifiable and therefore, puffery.
• The claim “The Best Ingredients Create the Best Beef Jerky” which appears prominently on the Old Trapper website landing page, did not convey a specific comparative superiority message.
• Old Trapper’s 15-second YouTube video that depicted a single bag of Old Trapper jerky while “Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best”, did not convey a comparative superiority message because the video only featured Old Trapper, did not tout attributes other than a single reference to “clearly fresh,” and did not refer to or depict any competitors or competitors’ products.

Ingredient Claims

Regarding the claim made on Old Trapper’s social media account, “We use only the highest quality ingredients in every Old Trapper flavor. That’s just one of the reasons why Old Trapper is #ClearlyTheBest,” NAD determined that the language “We use only the highest quality ingredients” is an objective claim that requires support.

In the absence of any support that Old Trapper uses the highest quality ingredients, NAD recommended that Old Trapper discontinue or modify these claims to avoid conveying the message that they are using superior ingredients.

In its advertiser statement, Old Trapper stated that it “agrees to comply with NAD’s recommendations in this matter” and “appreciates NAD’s careful consideration of the issues presented.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org