NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued
In a challenge brought by Reckitt Benckiser LLC, BBB National Programs’ National Advertising Division determined that Ikigai Marketing Works, LLC and POOPH, Inc. (together, Ikigai) supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
/EIN News/ -- New York, NY, Nov. 21, 2024 (GLOBE NEWSWIRE) -- In a challenge brought by Reckitt Benckiser LLC, BBB National Programs’ National Advertising Division determined that Ikigai Marketing Works, LLC and POOPH, Inc. (together, Ikigai) supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.
The National Advertising Division (NAD) also recommended that the challenged superiority comparative claims, including “[o]ther sprays just cover up odor,” be modified or discontinued.
Patented Claim
The POOPH product packaging states that it “CONTAINS: Water, Surfactants, and Patented Odor Eliminator Blend.” Based on the evidence in the record, NAD concluded that the claim “Patented Odor Eliminator Blend” is substantiated.
Odor and Stain Elimination Claims
Reckitt challenged Ikigai’s claims that its POOPH Pet Odor & Stain Eliminator eliminates odors, including at a molecular level, and eliminates stains. These claims appear in multiple locations including in its product name, on product packaging, on its website, and in commercials.
NAD found that odor “elimination” is a powerful claim that may convey to reasonable consumers that POOPH eliminates odor at both a molecular and perceptual level. Ikigai submitted studies that demonstrated the chemistry of the product and that the product reduced some odors, but NAD found that the studies did not support challenged claims that POOPH eliminates malodor. Therefore, NAD recommended that the odor elimination claims be discontinued.
The stain elimination claims also appear in multiple locations including in POOPH’s product name, the product packaging, and on its website. Posts on Ikigai’s Instagram account also claim that “[w]e’re here to keep your pup’s throne (aka the couch) stain free…”
NAD found Ikigai’s evidence did not support a stain elimination claim so NAD recommended that it discontinue the challenged stain elimination claims.
Comparative Claims
Reckitt also challenged several comparative claims found on Ikigai’s website and in variations in other videos. Specifically, on the “Pooph Science” section on the Ikigai’s website, the claim “slow-acting sprays cover-up odors” is heard while a bottle labeled Nature’s Breeze appears. Later the narrator asks, “Why waste money on any product that doesn’t totally eliminate the stink?” and closes with “IF IT’S NOT [POOPH] IT STINKS!”
NAD determined that reasonable consumers would understand the “it stinks” claim as a play on the language of foul odors and not a claim based on evidence that compares the efficacy of its product to another and concluded that the claim was puffery.
NAD found, however, that other claims such as “Why waste money on any product that doesn’t totally eliminate the stink?” and “Other sprays just cover up odor,” conveyed the message that POOPH is superior to all competing products because they are ineffective and merely mask malodor instead of eliminating them.
Because Ikigai’s evidence did not support the superiority comparative claims, NAD recommended that the challenged express comparative claims be discontinued, and the advertising be modified to avoid conveying the following implied claims:
- All other, or enzymatic, pet or odor spray products are worthless, including Resolve® products.
- All enzymatic formula or other spray products are unable to neutralize or eliminate malodor.
- All enzymatic formula or other spray products only cover up odors.
- POOPH™ Pet Odor & Stain Eliminator works better than all other pet odor spray products (or all enzymatic pet odor spray products) on the market at addressing odors.
Safety Claim
Reckitt also challenged a video demonstration where a POOPH representative demonstrates the safety of POOPH by spraying it in his mouth. Based on the evidence submitted regarding the safety of the product’s ingredients, NAD concluded that the claim that POOPH is safe to be sprayed in the mouth is supported.
In its advertiser statement, Ikigai stated it “will comply with the NAD’s recommendations.”
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 (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD 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
Distribution channels: Banking, Finance & Investment Industry
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