Colgate-Palmolive Co. declined to modify whitening claims for its Colgate Optic White toothpaste after a second attempt to convince the National Advertising Division that research substantiates the claims, prompting NAD to refer its review to the Federal Trade Commission.

In a second NAD review stemming from a challenge by Crest Whitestrips maker Procter & Gamble Co., Colgate argued it reformulated Optic White and has new research to support whitening claims for its toothpaste and the product’s superiority to selected Crest Whitestrips offerings, according to NAD. P&G challenged Colgate’s claim in August 2012 and again in April 2014.

Colgate says it developed new evidence backing Optic White’s capacity to whiten teeth intrinsically and demonstrating the toothpaste’s superiority to Crest Express Whitestrips, not the product of comparison in the previous NAD proceeding, Crest Whitestrips.

But the Council of Better Business Bureaus division notes it does not examine testing or studies performed later to support claims it already reviewed and recommended be discontinued. “NAD neither reviewed nor offered any opinion as to the sufficiency of Colgate’s new testing or clinical studies on its reformulated product,” according to the organization’s report released July 16.

In such follow-up compliance proceedings, NAD asks an “advertiser to provide an update as to the status of its post-decision advertising … to determine whether the advertiser has made a reasonable attempt to do so,” according to the report.

FTC similarly determines whether ad claims are substantiated based on scientific evidence available when a claim is made and does not accept as substantiation information that an advertiser later produces.

Changes “Of Little Consequence”

NAD says Colgate’s updated claims are “not markedly different” from the previously challenged statements and the reformulated product’s peroxide content remains at 1%.

“Changes to the reformulated product are of little consequence with respect to the advertiser’s claims of Optic White’s ability to provide whitening benefits below the tooth surface or its comparison to strips,” the advertising self-regulator says.

In its latest advertising, Colgate states that Optic White toothpaste “goes beyond surface stain removal to deeply whiten,” “goes beyond surface stains unlike ordinary toothpastes,” and that “this unique formula is clinically proven to whiten teeth with peroxide.”

Such claims “contravene NAD’s earlier decision and recommendations,” the advertising watchdog group says, maintaining that Colgate should discontinue claims referring to “deeper” whitening and avoid any implication that Optic White toothpaste intrinsically whitens teeth in addition to addressing surface stains.

In August 2012, NAD sided with P&G in a dispute over Colgate’s claim “Same Whitening Ingredient As Strips,” featured on product labeling along with an image of a whitening strip dripping hydrogen peroxide into a dollop of Optic White toothpaste Also see "Colgate Optic White Comparison To P&G Whitestrips Off Target – NAD" - Pink Sheet, 27 August, 2012..

The CBBB division determined the claim unsubstantiated, insofar as it suggests Colgate’s toothpaste provides comparable whitening efficacy to Crest Whitestrips even though the paste contains 1% hydrogen peroxide, versus the 6% in P&G’s product, and is used differently.

P&G contended brushing can remove extrinsic (surface) stains on teeth, but not the deeper, intrinsic stains that Crest Whitestrips address via prolonged application of hydrogen peroxide.

NAD agreed claims suggesting equivalency of the competing delivery mechanisms should be supported with head-to-head comparison studies. Colgate’s challenged claims were used in print, online and television advertising, as well as on product packaging and in-store displays.

In its previous review, NAD said Colgate could use the stand-alone claim that Optic White provides whiter teeth in one week or whiter teeth in one week as compared with a regular, non-whitening toothpaste, but it advised the firm not to attribute the whitening improvement to the peroxide ingredient.

NAD said it referred the case to FTC for possible enforcement action after Colgate stated “it had no choice but to decline to accept NAD’s recommendations for modifying” the claims” “notwithstanding its respect for the NAD and the self-regulatory process.”

In 2014 earnings reports, Colgate cited Optic White launches as growth drivers in key geographies, helping the firm to capture market share and maintain its leadership position in toothpastes globally ([A#05140210018]).

The company expanded its Optic White line in February with a toothbrush that comes with a built-in whitening pen, which dispenses a peroxide gel to award whiter teeth “in just two days,” according to the brand’s website ([A#05140303006]).

FTC officials say they prioritize reports of potentially false advertising that NAD submits to the agency, but they also anticipate that firms will reconsider their decisions and choose to follow NAD’s recommendations rather than incur the potential monetary and reputational costs of an FTC investigation.

Colgate’s Second NAD Swing To Support Optic White Claim Lands At FTC

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