Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, June 1, 1994                   TAG: 9406010072
SECTION: BUSINESS                    PAGE: B-8   EDITION: METRO 
SOURCE: Sandra Brown Kelley
DATELINE:                                 LENGTH: Medium

IS THERE TRUTH IN ADVERTISING? WELL, SOME FOLKS TRY

The Bentonville, Ark.-based company couldn't possibly know that all of its prices were always the lowest, all the time, said a spokesman for the National Advertising Review Board.

Rapping the knuckles of the nation's largest and most conspicuous retailer might cause some other advertisers to perk up and make some changes, said the board's general counsel, Steve Cole.

"There are an awful lot of claims out there that are exaggerated," said Cole. "Consumers are not believing retail advertising, which is a disaster for the advertising industry."

Because of the giant Wal-Mart is, the challenge to its claims was well-publicized, but there are plenty of other companies whose slogans or advertising language have been questioned. Some slogans were changed after being ruled inappropriate; some were dropped before any ruling was reached and the review ended there.

The advertising industry's self-policing efforts date to 1971 and include a monitoring program carried out by the National Advertising Division of the Council of Better Business Bureaus Inc. Last year, 87 cases were brought to the NAD. It said 12 percent of the cases resulted from the monitoring program; 52 percent were the result of complaints from competitors and the remainder of the cases were brought to the NAD's attention by consumers.

The NAD has issued 32 decisions so far in 1994, up from 15 decisions at the same time last year. If NAD can't resolve a controvery, a complaint can be appealed to a five-member review board panel. The members are selected from a reservoir of 50 people who represent national advertisers, advertising agencies and the public.

Challenges this year have ranged from whether General Mills Inc. can suggest that its Fiber One tastes better than Kellogg's All-Bran, if Wolverine Worldwide Inc. can say Hush Puppies are the "Earth's Most Comfortable Shoes," or if people who use the Microsoft Ballpoint Mouse actually work "35 percent faster" than people who use other "leading portable and built-in pointing devices" as a print ad states.

Advertising withdrawn before a decision could be reached about it included Bausch & Lomb Inc.'s claim that Clear Choice Mouthwash was "The Only Mouthwash That'll Freshen Breath and Lower Your Dental Bill."

The thoroughness of a review of advertising might surprise even the most activist-oriented consumer. A good example of this can be found in the battle of picante sauces that was decided in January.

Pet Inc.'s claim about Old El Paso Thick 'n Chunky Picante Sauce stood up to scruntiny. Pet's TV commercials showing a contest between a young girl and a large, burly man to see who could pick up the most picante sauce on a chip was challenged by Pace Foods Inc., makers of Pace Picante Sauce and Pace Thick 'n Chunky Salsa. The voiceover with the commecial said Pace was thin and runny; Pace said Pet was unfair in using a thin Pace sauce to compare to Old Paso's chunky. Besides, the competitor complained, Old Paso's sauce wasn't a picante anyway, but a salsa.

The advertising review board panel, after much detailed discussion of the attributes of a picante concluded that Pet's Old Paso was "within the realm of picantes." The board also concluded that "the Mexican sauce market is relatively new and rapidly evolving" and that "alert marketers" have a right to be innovative in introducing new products especially given "the current unsettled condition in the Mexican sauce market concerning product/category designations."

In other words, we haven't heard the last of the salsa vs picante issue.