Background

Summary of Council decision:

Two issues were investigated, both of which were Not upheld.

Ad description

A TV ad for toothpaste featured Rachel Riley and two men in laboratory uniforms talking about a type of toothpaste. Rachel Riley said, "I've heard Oral B have something they call a smart toothpaste that adapts to the specific issues in your mouth. Let's see how it works." The two men then variously stated, "Oral B pro-expert contains Stannous Fluoride Complex, a unique ingredient that makes it powerful, like having five specialist toothpastes in one … so let's say he has plaque, or gum problems, Oral B will adapt to that and reduce it … and if he is susceptible to stains, or enamel erosion it will adapt to take care of that …That's why we call it smart toothpaste." The voice-over stated, "Oral B, clinically proven superior clean." On-screen text stated "Vs ordinary toothbrush and toothpaste".

Issue

1. Twenty viewers, who referred to the claims "smart" and "adapts to the specific issues in your mouth", challenged whether the ad misleadingly exaggerated the capability of the product.

2. One viewer, who understood other toothpastes contained the Stannous Fluoride, challenged whether the claim "Oral-B pro-expert contains Stannous Fluoride Complex, a unique ingredient that makes it powerful" misleadingly implied the ingredient was unique to Oral B.

Response

1. Procter & Gamble (Health & Beauty) Ltd explained that different dental issues required different chemistries to assist them. They said traditional toothpastes contained multiple ingredients to solve those issues, but they did not react together in one tube, whereas their ingredients were designed to interact together, forming a single complex called "Stannous Flouride Complex". They said the complex reacted with different substances and surfaces so, depending on what was encountered, the complex adapted to release the required element, forming new chemical entities that helped prevent the eight dental issues: cavities, gum problems, plaque, sensitivity, enamel, tartar, stains and breath-malodour. They said that was why they considered the toothpaste was "smart" and they provided evidence to show that they had registered the phrase "Smart Paste" as a trademark for Oral-B Pro-Expert. They provided details of the chemical reactions that occurred when cavities, gum problems, plaque, sensitivity, enamel, tartar, stains and breath-malodour were dealt with by the product, and eight studies to support their findings. They also provided an endorsement of the product and its capabilities by a dental professional, including his CV, as well as several peer-reviewed studies describing the relevant dental processes. They said they did not consider the ad was misleading or that it exaggerated the capability of the product.

Clearcast highlighted the fact that the "smart" claims included phrases such as "our scientists call it" and "we call it", to ensure that viewers would not take the claims literally. They said the "smart" claim was a nickname for the product, rather than a literal description of its capabilities. They said they did not think the word "adapt" would be open to the same misinterpretation as the word "smart" might be. They said they thought viewers would understand that "adapt" referred to the product's versatility, rather than any literal adaptability. They said the claims were approved by their dental consultant. They believed the ad was not misleading.

2. Procter & Gamble said the composition of Stannous Fluoride with Sodium Hexamethaphosphate, or Stannous Fluoride Complex, was only used by them, although it was covered by a number of patents within the Oral B Pro-Expert toothpaste range. They provided a summary of the patents applicable to Oral B Pro-Expert that included the Stannous Fluoride Complex. They also provided a report detailing the ingredients of a range of toothpastes sold in the UK, which they said demonstrated that no other known brand included Stannous Fluoride Complex, and a summary of the UK market, demonstrating that the sample represented 97.6%. They considered the message was clearly delivered and said that at no point during the ad was it stated or implied that Stannous Fluoride was unique to the Oral B Pro-Expert formula. They said they were also not aware of any other toothpaste with Stannous Fluoride in its formula sold in the UK.

Clearcast said they understood that Stannous Fluoride Complex was unique to the Oral B Pro-Expert product range.

Assessment

1. Not upheld

The ASA took expert advice. We considered consumers would interpret the claim "adapts" to mean that the toothpaste could alter its formation to tackle different dental issues in the mouth and, in that way, was "smart" or "clever". We considered that impression was reinforced by the ad's reference to the ingredient "Stannous Fluoride Complex", as well as by the claim "like having five specialists toothpastes in one", the on-screen list of dental problems and reference to dental issues throughout the dialogue. We noted the evidence demonstrated that Stannous Fluoride Complex reacted to different dental problems in the mouth, tackling issues such as cavities, gum problems, plaque, sensitivity, enamel, tartar, stains and breath-malodour. Procter & Gamble had also provided academic papers that cited clinical trials, which supported their conclusions on the various chemical reactions that took place when the complex encountered different oral environments. Because we considered that the evidence was sufficient to substantiate the likely interpretation of the ad, we concluded that it was not misleading.

On that point, we investigated the ad under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) and  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration), but did not find it in breach.

2. Not upheld

The ASA considered consumers would understand the claim "Oral B Pro-Expert contains Stannous Fluoride Complex, a unique ingredient that makes it powerful" to mean that Stannous Fluoride Complex was unique to the Oral B Pro-Expert range. While the ad began with the claim "I've heard Oral B have something they call a smart toothpaste that adapts to the specific issues in the mouth", we noted that an image of the Pro-Expert toothpaste appeared during the claim and it was followed by an immediate reference to "Oral B Pro-Expert". There were two more shots of the Pro-Expert toothpaste during the ad and further mention of "Oral B" came after the "Oral B Pro-Expert" claim. We considered, therefore, that the ad made it clear that the ingredient was unique to Oral B Pro-Expert. We noted Procter & Gamble had provided a document listing the ingredients in 97.6% of toothpastes sold within the UK, and a report of how the 97.6% market share was calculated, which showed that Stannous Fluoride Complex was not present in any of those brands. They also provided a report that listed the products that included Stannous Fluoride Complex, all of which belonged to the Oral B Pro-Expert range. Because Procter & Gamble provided sufficient evidence to substantiate the likely interpretation of the claim, we concluded that the ad was not misleading.

On that point, we investigated the ad under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) and  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.12     3.38     3.9    


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