Colgate-Palmolive (India) Limited - Colgate Maxfresh

Recommendation: Not Upheld | Medium: Industry Member

The FTC panel noted the following arguments made by the complainant: The complainant challenged the following claims made in the advertiser’s TVC and Facebook advertisement for the product Colgate MaxFresh Blue Toothpaste “Gives unbeatable freshness” and “Unbeatable freshness equals Colgate MaxFresh Blue.” The complainant submitted that the term “unbeatable” implies absolute superiority over red gel toothpaste variants, and thereby constitutes a comparative claim. The complainant asserted that this claim is misleading and unsubstantiated, as it is not supported by objective or clinical evidence. Rather, the advertiser relies on perception-based consumer studies, which the complainant argued are subjective and methodologically inadequate, particularly for measuring breath freshness and malodour, which is a complex, multi-faceted attribute in oral care. The complainant referenced prior ASCI rulings validating the Closeup Red Hot toothpaste’s freshness claims, supported by robust clinical studies showing up to 12–18 hours of freshness. The complainant stressed that Closeup Red Hot contains Zinc Sulphate Heptahydrate, a scientifically validated anti-malodor and anti-bacterial agent, unlike Colgate MaxFresh Blue. The complainant further noted that the advertisement uses dramatised visual comparisons between Colgate MaxFresh Blue and a red gel toothpaste, visually resembling Closeup Red Hot, without any ingredient-based analysis or factual substantiation. The visual depiction reinforces a claim of superiority that is not backed by scientific testing or validated comparative studies. In elaborating on the grounds for objection, the complainant explained that oral freshness is a multidimensional parameter best measured through validated methods involving anti-malodor actives and instrumental testing such as Halimeter, OralChroma, or assessments conducted by trained organoleptic panels. It was noted that the advertiser failed to use any of these methods and instead relied on subjective perception studies, which are prone to olfactory adaptation and bias, rendering them insufficient for substantiating a superiority claim. The complainant concluded that the advertisement, an absolute, unsubstantiated, and comparative claim without scientific proof, the advertisement violates Clauses 1.1, 1.4, 1.5, 1.6, and 4.1 of the ASCI Code, misleading consumers and unfairly disparaging the competitors. The FTC panel noted the following arguments made by the advertiser: In response to the objections raised, the advertiser submitted that Colgate MaxFresh Blue is formulated with one of the most advanced and unique Ultrafreeze flavouring technologies, which delivers a best-in-class instant freshness experience during brushing. The advertiser clarified that the advertisement uses hyperbolic and dramatised visualisations to creatively illustrate the intense sensory impact of freshness experienced while brushing with the product. They emphasised that the depiction of a boy being “blown away” upon using the blue toothpaste is a non-literal, humorous dramatisation and would be interpreted by the average consumer as highlighting the immediate and powerful freshness effect. To substantiate the product’s positioning, the advertiser cited two independent consumer studies conducted by Kantar, a reputable third-party market research organisation. These studies evaluated Colgate MaxFresh Blue’s performance in comparison with Colgate variants and competitive products, focusing specifically on freshness-related sensory attributes. These parameters were assessed for their perceived intensity during and immediately after brushing. The advertiser submitted that the concept of freshness in oral care is inherently multisensory, encompassing olfactory, gustatory, tactile, trigeminal, visual, and auditory elements. In consumer understanding, freshness is commonly associated with the immediate sensorial impact rather than long-term effects lasting 12–18 hours. Accordingly, the claim of “unbeatable freshness” was characterised as non-literal puffery, consistent with industry advertising norms, and intended to convey the extraordinary sensory experience of freshness rather than a long-lasting freshness. Furthermore, the advertiser stated that the consumer studies, conducted through reputable third-party market research organisation - Kantar, adhere to industry best practices for validating sensorial claims and are therefore an appropriate form of substantiation in this context. They maintained that the advertisement does not contain derogatory messaging towards competing products and complies with ethical advertising principles. Finally, the advertiser submitted that the claims are strictly based on independent research, fairly represent the market context, and involve robust sampling methodologies, thereby meeting the standards for truthful and responsible advertising. The FTC Panel’s Decision The FTC panel carefully considered the submissions of both the advertiser and the complainant and deliberated upon the matters raised. Claims - “Gives unbeatable freshness” and “Unbeatable freshness equals Colgate Maxfresh Blue” The FTC panel carefully examined the advertisement, which depicts two young men preparing to brush their teeth in the morning. One participant is shown applying a red gel toothpaste to his brush. Simultaneously, the other participant applies Colgate MaxFresh Blue Toothpaste on his brush. The moment the second person applies the product on his brush, he is shown to be dramatically “blown away” by the freshness, signifying an intense and immediate sensory experience. The FTC panel noted that the advertiser submitted two independent consumer studies conducted by Kantar, a reputed third-party research agency. These studies, including a Product Performance Audit (PPA) and a comparative sensory study, assessed consumer perceptions of Colgate MaxFresh Blue in comparison to both colgate variants and competing products. The studies evaluated freshness-related parameters such as overall product likeability, perceived freshness, and sensory appeal. The findings from these studies indicated that Colgate MaxFresh Blue Toothpaste was preferred by consumers in terms of instant freshness during and immediately after brushing. The FTC Panel further acknowledged that Colgate MaxFresh Blue is a blue gel toothpaste formulated with cooling crystals and Ultrafresh Technology, designed to deliver an intense freshness experience. The depiction of the boy being “blown away” is dramatised to communicate this burst of immediate freshness while brushing. The FTC Panel agreed that this representation, though exaggerated for creative impact, would likely be understood by the average consumer as a metaphor for the product’s intense and refreshing sensation at the time of use and not freshness for a prolonged period. While some panel members observed that the term “unbeatable freshness” could be interpreted by some consumers to suggest prolonged or long-lasting freshness that is better than anyone else, the majority view was that, in the context of the advertisement’s overall tone and execution, the claim is likely to be interpreted as referring to the intense, immediate impact and experience of freshness, rather than an absolute or time-based superiority over competitors. For the complainant’s objection to use of the term ‘unbeatable freshness’ in conjunction with the visual of Colgate MaxFresh Blue toothpaste depicting the blue cooling crystals physically pushing away the Red Gel toothpaste, unfairly disparages red toothpaste. The FTC Panel considered this objection and noted that there are multiple red gel toothpaste products available in the market, including the advertiser’s own variant — Colgate MaxFresh Red Toothpaste. Furthermore, the advertiser has substantiated the claim of “unbeatable freshness” through independent consumer studies and established that the dramatized visuals serve to highlight the sensory attributes of the blue variant rather than to denigrate red gel toothpastes in general. Given that the advertiser themselves markets a red gel toothpaste and the representation is abstract and non-specific in nature, the Panel concluded that the visual showing the blue cooling crystals pushing away the red gel does not amount to unfair disparagement. Based on the substantiation provided through independent consumer studies and the overall impression of the advertisement, the FTC Panel concluded that the claims “Gives unbeatable freshness” and “Unbeatable freshness equals Colgate MaxFresh Blue” are not in contravention of Chapter I & Chapter IV of the ASCI Code. This complaint was NOT UPHELD by the majority