Whirlpool initiated a challenge at NAD, claiming that Conair’s on-pack claim that Cuisinart is “The Most Trusted Name in the Kitchen” is false and unsubstantiated. Whirlpool argued that when customers see a “most trusted” claim on product packaging, they have a reasonable expectation that the product bearing such a claim is in fact rated as the most trusted, based on a consumer survey. When Whirlpool complained to Conair about the claim, Conair purportedly defended it as puffery and as a trademark, saying that it had used the claim for three years. The NAD challenge ensued.

Conair, however, chose not to participate in the NAD proceeding, giving as its reason that NAD does not recognize laches as a defense. (Indeed, as we know from many other cases, NAD will consider very old advertising claims if they're still in use.) Accordingly, NAD referred the matter to the FTC. Outcome TBD.

{ Whirlpool argued that Conair lacks survey support for the claim that Cuisnart is "The Most Trusted Name in the Kitchen" either as a general brand claim or for any specific product category. Accordingly, Whirlpool requested that NAD recommend that Conair discontinue the challenged claim.