New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge brought by competitor Mead Johnson & Company, LLC, BBB National Programs’ National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin.
NAD, however, recommended Kendal modify claims to disclose the product’s country of origin in certain contexts.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).
Kendal manufactures certain Kendamil products in the United Kingdom (UK) from milk sourced from the UK and other European countries.
Mead Johnson argued that Kendal’s use of a blue circular logo with nine gold stars on packaging for Kendamil infant formula and on its website conveys the misleading message that products made in the UK are made in the European Union (EU).
NAD determined that Kendamil’s packaging reasonably conveys a supported message about the products’ origin. NAD noted that the flag logo appears in a context where the net impression is that products originate from the European continent as a whole, including the UK. Moreover, the UK is identified as the country of origin on the bottom of the packaging.
However, NAD noted that Kendal’s US website displays the nine-star blue flag image without a specific country of origin identified (just references to Europe generally). Accordingly, NAD recommended that if any specific products are referenced in conjunction with statements about the products’ geographic roots and the flag logo, Kendal should clearly and conspicuously disclose that product’s particular country of origin.
In its advertiser statement, Kendal stated that it is “grateful to the NAD for its determination that the use of the European Flag Icon on our infant formulas packaging is appropriate. We accept the NAD’s recommendation to provide further context when the European Flag Icon appears on the US website.”
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.
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
