The encyclopedia · Advertising & PR · Marketing decision · 2016
Blue Buffalo's 'True Blue Promise' said no by-products — tests found by-product meal
2016: Blue Buffalo paid $32M — its 'no by-products' pet food promised more than the kibble delivered.
Blue Buffalo · 2016-01
What happened
Blue Buffalo sold its premium pet food on the 'True Blue Promise' — that its recipes were made with real, natural ingredients and contained no poultry or meat by-product meals. The claim was the difference between a premium price and a commodity bag, and it was printed on every product.
A class of consumers sued, and testing of the food revealed by-product meal in 'a substantial and material portion' of Blue Buffalo's products — the very thing the label promised was absent. Nestlé Purina, a competitor, had separately filed a false-advertising lawsuit in May 2014 over the same claims.
In January 2016 Blue Buffalo agreed to pay $32 million to settle 13 consolidated consumer class actions, then the largest pet-food settlement on record. The company did not admit wrongdoing, but the 'True Blue Promise' — the marketing phrase the whole premium position rested on — had to be walked back from what the recipe actually contained.
Why it happened
- The 'no by-products' promise was the entire basis for the premium price.
- Testing found by-product meal in a substantial and material portion of the products.
- A competitor sued over the same claim, and 13 consumer classes settled for $32M.
The lesson
A purity claim is an asset until it is tested: when 'no by-products' is why the bag costs more, lab results that find by-product meal turn the premium promise into a $32 million liability.
Aftermath
Blue Buffalo settled the 13 consumer class actions for $32M in January 2016 without admitting wrongdoing. The settlement was later affirmed on appeal, and the 'True Blue Promise' language was adjusted to match the ingredients actually used.
Sources
- Proskauer on Advertising — True Green for True Blue: Blue Buffalo Promises $32 Million Settlement
- ConsumerAffairs — Blue Buffalo to pay $32 million to settle lawsuits by pet owners
spotted an error? The club wants to know.
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