New York, NY – February 1, 2024 – BBB National Programs’ National Advertising Division recommended that BA Sports Nutrition, LLC (BA) discontinue the claim “The Rehydration Champ is Here” for its BodyArmor Flash I.V. Sports Drink.
The claim at issue, which appeared on the BodyArmor Flash I.V. Sports Drink webpage and in social media advertising, was challenged by competitor Stokely-Van Camp, Inc. (SVC). BA recently introduced its Flash I.V. Sports Drink to the marketplace in the “rapid rehydration” category.
At issue was whether BA’s “The Rehydration Champ is Here” claim conveys a comparative superiority message or is merely puffery. The National Advertising Division (NAD) concluded that one message reasonably conveyed is that Flash I.V. Sports Drink is the best on the market for rehydration, a claim that requires substantiation.
NAD noted that the quantity of electrolytes in a sports drink is not itself substantiation for a claim of superior rehydration. Although Flash I.V. has more electrolytes than Gatorlyte, in the absence of any comparative product or performance testing in the record on the rehydration benefit of Flash I.V. as compared to Gatorlyte or other competing sports drinks, NAD determined that BA’s “The Rehydration Champ is Here” claim was not supported.
Therefore, NAD recommended that BA discontinue its claim noting that nothing in its decision precludes BA from making properly supported ingredient claims for Flash I.V., or truthful and not misleading claims about the relative electrolyte content of its products and competing products.
In its advertiser statement, BA stated that it “disagrees with NAD’s conclusion but agrees to comply with the recommendation to stop using the ‘Rehydration Champ is Here’ claim, which was used specifically to advertise the launch of BODYARMOR Flash I.V. in 2023, and has already run its course.”
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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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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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