Download NUTRISYSTEM, INC. Nutrisystem Pinterest Board

Case #5479
(06/29/12)
NUTRISYSTEM, INC.
Nutrisystem Pinterest Board
Challenger:
Product Type:
Issues:
Disposition:
-
National Advertising Division
Drugs / Health / Health Aids
Testimonials, Disclosures
No Further Action Required
Testimonials which tout atypical results must be qualified by a clear and
conspicuous disclosure noting the results the consumer can generally expect to
achieve using the product in the circumstances depicted. Such disclosures should
appear in close proximity to the claims they are intended to qualify.
Basis of Inquiry: As part of its routine monitoring program, NAD reviewed consumer
testimonials posted to Nutrisystem, Inc.’s “Real Consumers. Real Success.” Pinterest board by
Nutrisystem, Inc. (“Nutrisystem”).
The following claims served as the basis for the NAD inquiry:
Express Claims
-
“Christine B. lost 46lbs on Nutrisystem.”
“Michael H. lost 125 lbs. on Nutrisystem.”
“Lisa M. lost 115 lbs. on Nutrisystem.”
“Christine H. lost 223 lbs. on Nutrisystem.”
Advertiser’s Position:
The advertiser explained that the necessary disclosures (alerting consumers as to the typical
weight lost by Nutrisystem customers), which are included in all Nutrisystem advertising
containing testimonials, were inadvertently omitted from Pinterest. The advertiser stated that the
testimonials at issue here had appeared on Pinterest for less than two months, and the disclosures
were added immediately upon receipt of NAD’s letter.1
Decision:
I.
Background
Pinterest is a virtual pinboard often described as a social photo sharing website where users
create and manage theme-based image collections by “pinning” digital content they find on the
web to their personal pinboards. All pinboards are open to the public and can be found by
searching for a category of interest on Pinterest’s main page (such as DIY, Recipes, Home
1
The disclosure states: “Results not typical. On Nutrisystem®, you can expect to lose at least 1-2 lbs. per week.
Individuals are remunerated. Weight lost on prior Nutrisystem® program.”
Design and Fashion). Users may also conduct a search by using a keyword and specifying
whether they are searching for an individual pin, for a board, or for a person.
When a user finds something on the Internet that they would like to share or collect, they can
“pin” the content to one of their boards using the “pin it” button they have installed on their web
browser. When content is “pinned” Pinterest automatically grabs the source link for the content
which allows Pinterest to give credit to the original creator, and, allows users to return to the
original source of the content simply by clicking on the image as it appears on the pinboard. As
a result, Pinterest has become a new way for companies to encourage consumers to engage with
their products, and simultaneously, drive traffic to their websites.
Users browse other pinboards as well as their own “pin feed,” which is featured on the main page
of a user’s account and displays the activity of other “pinners” they follow. Pinning an image
found on another Pinterest board, rather than somewhere on the Internet, is called “re-pinning.”
Whenever an image is “pinned” or “re-pinned” Pinterest prompts the user to direct the image to
the specific pinboard they wish to pin to, and, provide comments or notes about the image (if
they wish).2 In addition to “pinning” and “re-pinning,” users also have the option of “liking”
content on Pinterest. A “like” on Pinterest is similar to a “like” on Facebook in that it is a way to
communicate and interact with other users on Pinterest. A “like” is different from a “pin” or “repin” in that it does not result in the content being displayed on one of the user’s pinboards. Each
of these Pineterest actions can also be shared with Facebook “friends” and Twitter “followers.”
II.
The Nutrisystem Advertising
In early April of 2012, NAD noticed that Nutrisystem created a Pinterest account and several
pinboards. One board, entitled “Real Customers. Real Success.” featured photos of “real”
Nutrisystem customers and highlighted their weight loss success. The customer’s name, total
weight loss and a link to the Nutrisystem website appeared below each photo. It is undisputed
that these pins represent consumer testimonials.
Section 255.2 (b) of the FTC’s Guidelines Concerning the Use of Endorsements and
Testimonials in Advertising states:
An advertisement containing an endorsement relating the experience of one or
more consumers on a central or key attribute of the product or service also will
likely be interpreted as representing that the endorser's experience is
representative of what consumers will generally achieve with the advertised
product or service in actual, albeit variable, conditions of use. Therefore, an
advertiser should possess and rely upon adequate substantiation for this
representation. If the advertiser does not have substantiation that the endorser's
experience is representative of what consumers will generally achieve, the
advertisement should clearly and conspicuously disclose the generally expected
performance in the depicted circumstances, and the advertiser must possess and
rely on adequate substantiation for that representation.
2
For many Pinterest users, this space is often used for general comments about the item, however, for advertisers,
this space is often used to note important information including disclosures, prices or where the item can be
purchased.
The weight loss “pins” found on Nutrisystem’s “Real Customers. Real Success.” board tout
atypical results (i.e., “Michael H. lost 125 lbs. on #Nutrisystem” or “Lisa M. lost 115 lbs. on
#Nutrisystem). Therefore, these pins should be accompanied by a clear and conspicuous
disclosure noting the typical results consumers can expect to achieve using the Nutrisystem
weight loss program.3 As noted above, the advertiser agreed that such statements require a
disclosure, and, added the necessary disclosure (“Results not typical. On Nutrisystem®, you can
expect to lose at least 1-2 lbs. per week. Individuals are remunerated. Weight lost on prior
Nutrisystem® program.”) immediately upon receiving the NAD inquiry letter. For these
reasons NAD noted its appreciation for the advertiser’s immediate change to the advertising in
question, and, concluded that no further action is necessary at this time.
Conclusion:
NAD noted its appreciation for the advertiser’s immediate change to the advertising in question –
an action deemed necessary and proper. Thus, NAD concluded that no further action is
necessary at this time.
Advertiser’s Statement:
Nutrisystem shares NAD’s goal of promoting truthful, accurate advertising and ethical business
practices, and supports advertising self-regulation to advance that goal. (#5479 KLF, closed
06/29/2012)
© 2012. Council of Better Business Bureaus, Inc.
3
It is important to note that if consumers browsing the Nutrisystem Pinterest board clicked on Nutrisystem’s
consumer testimonial pins they were redirected to Nutrisystem’s website which included the necessary qualifying
information (i.e., the typical results a consumer can expect to achieve using the Nutrisystem program). However, it
is well-established that disclosures should not only be clear, conspicuous and easy to understand, but placed in
immediate proximity to the claim or representation it is intended to clarify. The Campbell Soup Company
(Campbell’s Supper Bakes), Case #4038, NAD/CARU Case Reports (May/June 2003). Therefore, providing the
disclosure on the website (which the consumer may or may not visit), is not sufficient.