SharkNinja Operating, LLC (Shark Rotator Powered Lift-Away and Shark Rocket Powerhead Vacuum Cleaners),NAD Case No. 5948 (Apr. 25, 2016)
NAD reviewed several claims made by Shark, including the claim that “Americans now choose Shark 2-to-1 over Dyson.” Noting that “NAD has cautioned advertisers in prior decisions that total sales are not always synonymous with consumer preference,” NAD found the consumer preference claim unsupported and recommended that the advertiser discontinue the claim. However, NAD observed that Shark could make a comparative claim based on unit sales (e.g., “Shark outsells Dyson 2-to-1”), provided that the claim is accurate and does not imply a head-to-head preference. In addition, NAD recommended that Shark modify a commercial depicting a head-to-head comparison demonstration by changing the references from “Dyson” to “Dyson Cinetic Big Ball” to prevent consumers from concluding that the demonstration applies to other Dyson vacuums.View the press release.