On December 13, the Federal Trade Commission approved a final consent order with Mars Petcare US, Inc. settling false-advertising charges, following a public comment period, according to a press release. In August, Mars agreed to settle FTC allegations that Mars claimed, but could not prove, that a 10-year study found that dogs fed Eukanuba could extend their expected lifespan by 30 percent or more.
FTC charged that the longevity claims were false or unsubstantiated and that the claim that longevity was proven through scientific evidence was false, in violation of the FTC Act.
Stipulations for Mars of FTC orders
Under the final order settling the charges, Mars Petcare is barred from engaging in similar deceptive acts or practices in the future. The order prohibits the company from making any misleading or unsubstantiated claims that its Eukanuba-brand pet food or any other pet food will enable any dogs to extend their lifespan by 30 percent or more or live exceptionally long lives.
The order also prohibits the company from making misleading or unsubstantiated claims regarding the health benefits of any pet food, and requires it to have competent and reliable scientific evidence to back up any such claims.
Finally, the proposed order prohibits Mars Petcare, when advertising any pet food, from misrepresenting the existence, results, conclusions, or interpretations of any study, or falsely stating that the health benefits claimed are scientifically proven. It also contains compliance and monitoring requirements to ensure the company abides by its terms.
The Commission vote approving the final order and responses to the public commenters was 3-0 and is recorded in FTC File No. 152-3229.
The Eukanuba ads in question
According to the FTC’s complaint, in 2015, Mars Petcare ran ads for Eukanuba on television, in print, and on the Internet, claiming that the dog food could increase the longevity of dogs’, based on a 10-year study of dogs that were fed Eukanuba and implying that the increase in lifespan was 30 percent or more.
One TV ad stated, for example:
“10 years ago, we launched a long life study. What we observed was astonishing. With Eukanuba and proper care, dogs in the study were able to live beyond their typical lifespan.” The ad then showed a dog named “Iowa” who was 17 years old, while “the typical Labrador lifespan: [is] 12 years.” The implication was that Iowa had lived 30 percent longer than expected for her breed because she was fed Eukanuba.
