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NAD Considers "Up To" Qualifiers in Superiority Claims

EPISODE · Jul 8, 2025 · 3 MIN

NAD Considers "Up To" Qualifiers in Superiority Claims

from Kelley Drye Ad Law Access Podcast · host Kelley Drye Advertising Law

Gonzalo E. Mon Coterie Baby advertises that its diapers provide ​“up to 4x more absorbency” and ​“up to 3x drier skin” compared to ​“leading brands.” P&G, the maker of Pampers – one of the two leading brands of diapers – challenged this claim (among others) before NAD. One of the key questions in the case is what evidence is necessary to support an ​“up to” superiority claim involving multiple competitors.

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NAD Considers "Up To" Qualifiers in Superiority Claims

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