Philips Oral Healthcare must discontinue certain advertising claims for its Sonicare FlexCare and FlexCare+ toothbrushes, according to a recommendation by the National Advertising Division (NAD) of the Council of Better Business Bureaus.
The NAD recommendation comes after Procter & Gamble (P&G), which manufactures the Oral-B Triumph 9000 power toothbrush, challenged several product packaging, print, video, and Internet claims made by Philips, including the following:
- "Sonicare FlexCare is demonstrated in vitro to remove three times more plaque biofilm than Oral-B Triumph."
- "Demonstrated in vitro to clean beyond the reach of the bristles."
- "Sonicare FlexCare+ is clinically proven to remove more plaque than ... Oral-B Triumph."
- "The patented sonic technology of FlexCare creates a sweeping motion of the bristles that no other power toothbrush can match for unparalleled cleaning of the teeth and gums."
- Sonicare FlexCare+ combines patented technology and "the most advanced" design available in toothbrushing.
- "Gentle brushing action helps prevent gum recession" and "Sonicare toothbrushes are clinically proven to reduce ... gum recession."
- "Patients brushed significantly longer using Sonicare FlexCare+ in the gum mode than with the Oral-B Triumph with Smart Guide."
- "Sonicare FlexCare+ ... cause[s] 50% less dentin wear ..." and is "two times gentler on dentin than Oral-B Triumph."
- "Sonicare FlexCare+ is the #1 recommended brand by dental professionals."
Philips and P&G both manufacture power toothbrushes that are effective at removing plaque and improving oral health, but the toothbrushes employ different mechanisms of action, the NAD noted. The Sonicare FlexCare and FlexCare+ power toothbrushes use a sweeping motion and a high bristle speed motion in the sonic frequency range to remove plaque, while the Oral-B Triumph utilizes a rotating-oscillating design.
NAD's findings
When evaluating the claims and representations made in advertising, NAD addresses any express claims made by an advertiser and examines the accuracy of any implied messages reasonably conveyed by the advertising.
For example, while looking into the claim that the Sonicare FlexCare+ is the leading recommended brand by dental professionals, NAD noted that both parties agree that Sonicare is the most recommended brand of power toothbrushes and that Oral-B is the most recommended manual toothbrush brand.
However, the question remained whether the claim on its packaging presented Sonicare FlexCare as the most recommended brand of all types of toothbrushes, including both manual and power toothbrushes, according to NAD.
NAD determined that the context in which the "#1" claim appears -- in small type on the front of the box, properly qualified on the side and the back of the packaging and surrounded by explanations of the attributes of a power toothbrush -- "would lead a reasonable consumer to understand the claim refers to power toothbrushes."
However, for many of the challenged claims, NAD found that while Philips had tested the products head-to-head, it had not used P&G's products according to manufacturer's instructions or in the way that consumers would use them. Both Philips and P&G provided NAD with the results of testing done on their own products and on competing products.
As a result, NAD recommended that Philips discontinue superior performance claims, including the following:
- "Sonicare FlexCare+ is clinically proven to remove more plaque than ... Oral-B Triumph."
- "Sonicare FlexCare is demonstrated in vitro to remove three times more plaque biofilm than Oral B-Triumph."
- "Sonicare toothbrushes are clinically proven to reduce ... gum recession."
- "Patients brushed significantly longer using Sonicare FlexCare+ in the gum mode than with the Oral-B Triumph with Smart Guide."
- "Sonicare FlexCare+ ... cause[s] 50% less dentin wear ..." and is "two times gentler on dentin than Oral-B Triumph."
NAD determined that Philips provided a reasonable basis for the following claims:
- "Demonstrated in vitro to clean beyond the reach of the bristles."
- "The patented sonic technology of FlexCare creates a sweeping motion of the bristles that no other power toothbrush can match for unparalleled cleaning of the teeth and gums."
- "[G]entle brushing action helps prevent gum recession."
- Sonicare FlexCare+ combines patented technology and "the most advanced"" design available in toothbrushing.
- "Sonicare FlexCare+ is the #1 recommended brand by dental professionals."
Philips responded in a written statement that it is "grateful for NAD's finding that Philips' science supports many of the challenged claims" and that it intends to take appropriate steps to address NAD's concerns in preparing future advertising.
Meanwhile, P&G sent DrBicuspid a statement saying that it is pleased with the NAD's decision recommending that Philips discontinue misleading claims of Sonicare Flexcare’s superior performance against Oral-B Triumph power toothbrush and appreciates NAD’s attention to this matter.
