New York, NY – January 31, 2023 – In a challenge brought by Kimberly-Clark Corporation, the National Advertising Division (NAD) of BBB National Programs determined that Dyper, Inc. provided a reasonable basis for claims that certain components of its bamboo viscose diapers are biodegradable but recommended that the claim be further qualified to make clear the circumstances in which the stated diaper components would actually degrade.
NAD also concluded that the claim Dyper’s “Feel more like yoga pants” was a fanciful claim and therefore did not require substantiation.
Kimberly-Clark challenged Dyper’s “biodegradable” claim, which appears in a colored chart on Dyper’s website highlighting four biodegradable components of a Dyper diaper: (1) bamboo viscose fiber nonwoven, (2) tissue, (3) chlorine-free wood pulp, and (4) film.
NAD determined that the challenged chart clearly and conspicuously indicates that only certain components of the diaper are biodegradable and the advertiser’s evidence establishes that these components are fully biodegradable.
Although Dyper’s evidence established that certain components of its diapers are biodegradable, NAD determined that Dyper’s “biodegradable” claim as presented could still be misleading as to the ability of those components to degrade in practice.
NAD therefore recommended that Dyper’s “biodegradable” claim be further qualified to make clear the circumstances in which the stated diaper components would actually degrade.
“Feel More Like Yoga Pants” Claim
NAD considered whether the claim that Dyper diapers “Feel more like yoga pants” is a superior softness and comfort claim. NAD determined that although the challenged claim evokes recognized attributes of yoga pants generally, reasonable consumers would not expect substantiation for such a claim.
During the proceeding, Dyper voluntarily permanently discontinued several challenged environmental benefit claims. Therefore, NAD did not review these claims on the merits.
In its advertiser statement, Dyper stated that it “will comply with National Advertising Division’s recommendations” and that it “appreciates the NAD’s recommendation that Dyper clarify the biodegradability of certain materials used in its products.”
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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.
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