Lather, Rinse, Repeat, Review – NAD Issues New Decision on Haircare Reviews | Kelley Drye & Warren LLP

Lather, Rinse, Repeat, Review – NAD Issues New Decision on Haircare Reviews | Kelley Drye & Warren LLP

Last yr, Prose – an organization that makes custom-made haircare merchandise – introduced an NAD problem in opposition to a competitor, Function, over Function’s claims that it had over 110,000 5-star product evaluations. Shortly after that, Function filed a problem in opposition to Prose over Prose’s claims that it had over 192,000 5-star product evaluations. (You can examine these instances right here and right here.) NAD not too long ago reopened the second problem, and the brand new resolution consists of extra insights into how NAD examines evaluations.

When a shopper buys a product from Prose, the corporate solicits star-ratings on numerous features of the shopper’s expertise after every buy. Prose might then revise a formulation after receiving suggestions. The iterative means of reviewing and refining occurs each time a buyer orders, and the shopper can fee each iteration. In the unique case, NAD really useful that Prose extra clearly disclose that its 192,000 5-star product evaluations declare was based mostly on its “Review and Refine” course of.

In the brand new resolution, NAD checked out how Prose solicits scores and discloses how the ranking course of works. NAD decided that Prose solicited scores in a impartial method, that it had correct controls to make sure reliability, and that its survey was property designed. However, NAD really useful that Prose higher disclose how the “Review and Refine” course of works. Although the small print have been introduced on the Review web page, they weren’t introduced elsewhere Prose made its 5-star declare.

NAD additionally examined Prose’s follow of together with solely 4- and 5-star evaluations on its website. In doing so, NAD seemed to the FTC’s latest steering on “Featuring Online Customer Reviews.” (You can learn extra about that right here.) NAD famous that “the context by which evaluations are displayed ought to point out whether or not the webpage options optimistic evaluations as testimonials from happy clients, or acts as a platform publishing all collected evaluations.”

The headline on the Reviews web page touts “Featured Reviews and Ratings From Reviews & Refine,” and though the web page mentions “225K 5-star evaluations,” just a few are literally displayed. NAD discovered that this is able to lead cheap shoppers to grasp that the posted evaluations are highlighted as testimonials from completely happy clients, and never a show of all evaluations. Because Prose was in a position to reveal that the highlighted evaluations have been typical, NAD discovered that the presentation was not deceptive.

As evaluations play a larger position in shoppers’ buying choices, corporations are using new methods to solicit evaluations and make claims based mostly on these evaluations. At the identical time, lots of these corporations are additionally rigorously watching what their rivals are doing and bringing challenges after they suppose these rivals go too far. With the FTC additionally itemizing this as an enforcement precedence, we anticipate to see extra challenges within the coming yr.

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https://www.jdsupra.com/legalnews/lather-rinse-repeat-review-nad-issues-2937465/

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