NEW YORK — In a fast-track SWIFT challenge filed by Sleep Number Corp., the BBB National Programs’ National Advertising Division recommended that Somnigroup International discontinue advertising that “conveys disparaging messaging” about Sleep Number beds.
Sleep Number challenged Tempur-Pedic‘s advertising, specifically several social media posts on Facebook and Instagram, asserting they conveyed a false and disparaging message about the quality and functionality of Sleep Number beds.
NAD has long recognized that a competitor is free to highlight the actual differences between its product and competitor products and to make truthful and accurate advertising claims that may be perceived as denigrating to its competitors.
In this case, NAD found that the challenged advertising created a misleading impression, suggesting Sleep Number beds are comparable to temporary air mattresses that consumers would not use for their regular sleeping needs. NAD determined that this disparaging message was reinforced by the express language in the social media posts and videos.
Finding no evidence to support the message that Sleep Number beds are similar in quality to a flimsy inflatable object like a cheap air mattress, NAD recommended that Tempur-Pedic discontinue the challenged advertising.
Fast-Track SWIFT is an expedited process by NAD for reviewing single-issue advertising cases. Participation in the self-regulatory process is voluntary. However, pursuant to the NAD/National Advertising Review Board procedures, if an advertiser refuses to participate or refuses to comply with NAD’s recommendations, NAD will refer the matter to the appropriate regulatory agency, which is typically the Federal Trade Commission.
Furniture Today has reached out to SGI and Sleep Number for comment.
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