Ithaca College

A panel of the National Advertising Review Board (NARB), a division of BBB National Programs, has recommended that S.C. Johnson & Son, Inc. (S.C.Johnson) discontinue the claim “non-toxic” on package labeling for its Windex Vinegar Glass Cleaner. However, the panel determined that a properly qualified non-toxic claim, which clearly and conspicuously discloses the nature of the health risks from product misuse, would be acceptable. The advertising at issue had been challenged by competitor The Procter & Gamble Company (“P&G”) before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6353), S.C. Johnson appealed NAD’s finding on this issue.

The NARB panel, chaired by Scott Hamula, associate professor and Strategic Communication Department chair, agreed with NAD’s recommendation, expressing concern that an unqualified non-toxic claim will lead reasonable consumers to conclude not only that a misused cleaning product does not pose a risk of death or serious consequences, but also that product misuse poses no health risks, even those that are not severe or are more transient in nature. However, the NARB panel disagreed with NAD and determined that the “Non-Toxic Claims Framework,” an internal standard S.C. Johnson had developed, could be used by its toxicologists to rule out significant or irreversible health effects, and thus concluded that a properly qualified non-toxic claim would be acceptable for a cleaning product, including Windex Vinegar, that satisfies (passes) S.C. Johnson’s Framework standards. The qualifying language would need to clearly and conspicuously disclose the nature of any health risks from product misuse.

S.C. Johnson stated that it will comply with NARB’s decision and noted that it “was pleased that NARB recognized that the Framework “represents a careful analysis that can be used to rule out significant or irreversible health effects to people or pets, or comparable risks to the environment, even under use scenarios that are far out of line with intended consumer use practices.”

About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 87 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.