Represented Stokely-Van Camp Inc., the owner and manufacturer of the famous Gatorade® brand and a wholly-owned subsidiary of PepsiCo Inc., in proceedings before in the National Advertising Division ("NAD") of the Council for Better Business Bureaus in which we successfully challenged comparative advertising claims made by The Coca-Cola Company ("Coca-Cola") for its Powerade Option Low Calorie Sports Drink. NAD agreed that Coca-Cola failed to disclose relevant and material differences between the products in its advertising. Specifically, NAD found that the absence of carbohydrates in Powerade® Option, which provide a key benefit to many consumers of sports drinks, is a material difference between Gatorade® and Powerade® Option that should be clearly and conspicuously disclosed in any advertising comparing the two products.
The Coca-Cola Company (Powerade Option Low Calorie Sports Drink), NAD Case Reports #4438 (January 2006).
