Brand Boxed Water is Better, known for its sustainable cartons of water, recently made changes to certain environmental claims on its packaging following a decision by the National Advertising Division (NAD) of BBB National Programs. The case was brought forth by the International Bottled Water Association.
NAD recommended that Boxed Water is Better clarify or discontinue claims related to renewable materials and sustainable sourcing. However, they deemed claims regarding the recyclability of the cartons and their general sustainability to be acceptable. In response to this decision, Boxed Water is Better CEO Daryn Kuipers expressed satisfaction, stating that the majority of their claims are supported by scientific evidence.
While PET bottles continue to dominate the non-carbonated water market, the use of metal- and fiber-based containers is on the rise. Alongside Boxed Water is Better, other notable brands like Just Water and Flow Beverage also offer water in cartons. Boxed Water is Better, established in 2009, has focused its marketing efforts on providing an eco-friendly alternative to single-use plastic bottles. The company has conducted a life cycle assessment to demonstrate the sustainability of its cartons compared to plastic bottles and aluminum cans.
NAD’s investigation centered around whether Boxed Water is Better engaged in deceptive advertising or puffery, particularly regarding environmental impact claims. The nonprofit found that the life cycle assessment supported certain comparative claims, such as “Boxed Water is better than aluminum.” However, Boxed Water is Better agreed to adjust statements to clarify comparisons with “premium” plastic bottles.
In total, NAD reviewed over 50 claims initiated by the International Bottled Water Association. The association expressed satisfaction with Boxed Water is Better’s voluntary modifications but has requested an appeal for some claims. NAD determined that claims such as the recyclability of the cartons and the number of trees planted by Boxed Water is Better were adequately supported.
NAD recommended changes to claims related to renewable materials, suggesting that Boxed Water is Better modify or eliminate statements that could be misleading to consumers. The International Bottled Water Association supported NAD’s suggestions, including discontinuing certain percentage environmental claims and clarifying comparisons to heavier plastic bottles.
The group launched an appeal for challenges that NAD initially accepted, requesting a review by the National Advertising Review Board. Legal experts from Kelley Drye discussed the use of mass balance to substantiate environmental claims, highlighting the complexities in determining the exact percentage of renewable materials in each carton.
Overall, the case of Boxed Water is Better serves as a reminder of the importance of transparent and accurate environmental claims in marketing. The ongoing efforts to update guidelines for environmental marketing by organizations like the Federal Trade Commission indicate a growing focus on ensuring the credibility of sustainability claims in the consumer goods industry. The Environmental Protection Agency (EPA) recently provided feedback regarding the Green Guides, expressing concerns about promoting the mass balance approach due to its limited implementation and acceptance on a global scale.
Kelley Drye legal experts delved into the National Advertising Division’s (NAD) rulings on various marketing claims, particularly focusing on the use of “better” claims. While comparative statements require substantiation, NAD deemed the statement “Boxed Water is Better” as puffery, not necessitating further evidence.
As the industry awaits the National Advertising Review Board’s (NARB) decision on the appeal, the Boxed Water case serves as a cautionary tale for companies making green claims. Competitors and class action attorneys often scrutinize such assertions, highlighting the importance of ensuring green claims are appropriately qualified and backed by evidence.
In a recent development, Boxed Water was acquired by Nyrad LLC, a consortium of private investors, in February of this year.
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