REPORT OF NARB PANEL 134
June 22, 2006

Appeal of NAD (the National Advertising Division of the Council of Better Business Bureaus) Final Decision Regarding Advertising by Honeywell Consumer Products Group

Background
This case arose from a challenge filed by The Valvoline Company ("Valvoline") concerning advertising by Honeywell Consumer Products Group ("Honeywell") for its Prestone Extended Life Antifreeze/Coolant ("Prestone").

NAD found that the challenged advertising was appropriately limited to cars and light duty trucks.

However, NAD found that Honeywell's claim that Prestone can be used in vehicles of "all makes, all models" was not substantiated. NAD further found that Honeywell's claim that Prestone is compatible with any antifreeze/coolant was not substantiated. Honeywell appealed both of these findings.

Findings and Conclusions
Neither Valvoline nor Honeywell presented any evidence as to consumer perception, and thus the panel evaluated the messages conveyed in the challenged advertising based upon the panel's determination as to how reasonable consumers would perceive the advertisements.

All Makes/All Models Claims
Honeywell's advertisements and product labeling claim that Prestone extended life antifreeze/coolant can be used in vehicles of "all makes, all models."

The panel determined that one reasonable consumer takeaway from the "all makes, all models" claim is that Prestone meets any required specifications established by vehicle manufacturers. 

Prestone utilizes Organic Acid Technology (OAT). Ford and DaimlerChrysler vehicles of recent vintage have antifreeze/coolant that utilizes Hybrid Organic Acid Technology (HOAT), and Ford and DaimlerChrysler specifications call for HOAT antifreeze/coolants in their vehicles.  Ford and DaimlerChrysler account for a significant number of vehicle sales in the United States, and their specifications requiring HOAT antifreeze/coolants, as well as their warnings to consumers about possible damage if OAT antifreeze/coolants are used, are enough to establish that the "meets manufacturer specifications" message has not been substantiated.   

Compatibility Claims
The challenged advertising states that Prestone can be added to any other antifreeze/coolant regardless of its color,[1] and that it will provide extended life protection for up to 150,000 miles or 5 years when added to any extended life antifreeze/coolant.

The challenged advertising clearly conveys the message that Prestone can be mixed with any other antifreeze/coolant regardless of its chemistry. However, as noted above,  both Ford and DaimlerChrysler specifically warn consumers against mixing OAT antifreeze/coolants with the HOAT antifreeze/coolants that are put in at the factory.  Based on that reason alone, the panel would find that the compatibility claims have not been substantiated.

The panel also agrees with NAD that a reasonable consumer takeaway from the challenged advertising is that Prestone will provide the protections normally afforded by an antifreeze/coolant  - including protection from internal rust and corrosion - for an extended period of time (up to 150,000 miles or 5 years) when used as the only antifreeze/coolant in a vehicle or when added to the vehicle's existing extended life antifreeze/coolant.[2]

NAD determined that Honeywell had not provided a reasonable basis in support of this message. NAD rejected Honeywell's argument that a reasonable basis could be found in the fact that Prestone successfully passed ASTM D-3306, a grouping of tests developed by ASTM International and accepted by the industry as setting the standard for ethylene glycol or propylene glycol base antifreeze/coolants to determine if they effectively provide protection against freezing, boiling and corrosion.

The panel agrees with NAD that ASTM D-3306 does not provide a sufficient basis for determining whether an antifreeze/coolant can successfully provide protection when combined with other coolants.  As NAD noted, ASTM D-3306 does not speak to the "universality" of antifreeze/coolants. ASTM D-3306 says nothing about mixing antifreeze/coolants with different chemistries, and none of the ASTM D-3306 tests are performed on a mixture of coolants.[3]

Even if ASTM D-3306 could be interpreted as impliedly approving the mixture of any antifreeze/coolants meeting its standards, a passing grade cannot provide a reasonable basis for concluding that the combined antifreeze/coolants will provide sufficient protection for an extended time. ASTM D-3306 was initially issued in 1974, long before the appearance of extended life antifreeze/coolants, and there is nothing in the record that indicates ASTM D-3306 has been changed since that time to measure antifreeze/coolant performance over a longer time period. In discussing the general requirements for antifreeze/coolants, 3.7 of ASTM D-3306 provides that antifreeze/coolants must be suitable for use for a minimum of one year, and there is no language indicating that antifreeze/coolants meeting ASTM D-3306 standards will necessarily provide sufficient protection for more than one year. [4]

The parties agree there is no consensus industry standard designed to measure whether an antifreeze/coolant will provide effective protection against corrosion damage if it is mixed with other antifreeze/coolants utilizing a different chemistry.[5] While there is no industry standard, Honeywell argues that GM test protocol 6277M sets out a reliable test for measuring whether extended life antifreeze/coolants will function satisfactorily when mixed with antifreeze/coolants with different chemistries. GM 6277M incorporates several of the individual tests included in ASTM D-3306, and requires that they be run for an antifreeze/coolant when mixed with coolants utilizing different chemistries.  However, as noted above, passing the tests incorporated into ASTM D-3306 does not provide a sufficient basis for establishing corrosion protection over the extended 5 year/150,000 mile period. The panel notes that GM 6277M also requires fleet testing, although details of the required testing are not set out in the GM 6277M protocol in the record. While Honeywell referred to fleet testing under GM 6277M, no details regarding those tests were provided in this case.

Even if GM 6277M were to be viewed as establishing that General Motors has accepted Prestone as compatible with antifreeze/coolants utilizing different chemistries and providing corrosion protection for an extended period, the record is clear that Ford and DaimlerChrysler have not.  As noted above, both Ford and DaimlerChrysler specifically recommend against mixing OAT based antifreeze/coolants with the HOAT antifreeze/coolants provided in their more recent vehicles.

Decision
The panel recommends that Honeywell discontinue its claims that Prestone can be used in vehicles of "all makes, all models," and also that Honeywell discontinue its claims that Prestone can be mixed with any other antifreeze/coolant.

Advertiser's Statement
Prestone is an aftermarket product and Prestone has been a leader in supplying high quality aftermarket antifreeze to consumers for over 75 years. Contrary to the Panel's suggestion, Prestone does not claim to meet all "manufacturer specifications" that are required for automaker factory fill approval. Instead, Prestone is required to have - and in fact does have -- a reasonable basis to support the claims it makes for its aftermarket Prestone Extended Life Antifreeze. First, ASTM D-3306, a consensus industry testing protocol most recently updated and reapproved in 2003, sets forth the test methods and physical and chemical properties that antifreeze products must meet to qualify for use in any automobile or light duty truck. Prestone as well as other members of the antifreeze industry have relied on the ASTM D-3306 protocol to demonstrate that their antifreeze products are compatible with other antifreezes that meet this protocol and will adequately protect automobiles and light duty trucks against freeze-up, boil-over, corrosion, and overheating damage. Second, the GM-6277M protocol is the only testing protocol acceptable to experts in the antifreeze research community to substantiate the claim that an antifreeze will perform for up to 150,000 miles and that the mixture of an extended life antifreeze with other antifreeze formulations not only will be compatible but will provide such extended life protection to any automotive cooling system containing an extended life antifreeze.  Prestone relied upon these two tests as well as other industry and proprietary testing, including fleet testing, to support its claims on its Prestone Extended Life Antifreeze.

This Prestone aftermarket antifreeze has met the consensus ASTM standard applicable to aftermarket antifreeze and the only durability and compatibility protocol for extended life antifreeze, which was established by the world's largest automaker.

While Prestone appreciates having participated in the NARB process, Prestone respectfully disagrees with the Panel's findings and conclusions, in particular its disregard of the scientific community on technical issues. As a result, Prestone plans to continue to make the claims in its advertising which it is confident are true and substantiated.

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[1]  There are three technologies currently used for antifreeze/coolants: Inorganic Additive Technology (IAT), Organic Acid Technology (OAT), and Hybrid Organic Acid Technology (HOAT). While there are some exceptions, antifreeze/coolants with IAT are generally green in color; antifreeze/coolants with OAT are generally orange in color; and antifreeze/coolants with HOAT are generally yellow in color.

[2]  Honeywell argues that NAD incorrectly determined that its advertising implied that Prestone could be added to any antifreeze/coolant - even those not designed for extended life - and would provide protection for up to 150,000 miles or 5 years. The panel does not read NAD's decision as reaching that conclusion. The panel agrees that the reasonable consumer takeaway is that extended life protection (up to 150,000 miles or 5 years) can only be achieved by either flushing and filling or by mixing Prestone with an extended life antifreeze/coolant.

[3]  The panel also notes that 3.7 of ASTM-3306 provides that antifreeze/coolants passing its incorporated tests, "when installed in accordance with the vehicle manufacturer's recommendations and those on the product label," must be suitable for use for a minimum of one year. Honeywell argued that the reference to manufacturer recommendations related only to recommendations for the manner in which the antifreeze/coolant was introduced into the cooling system. However, the panel questions whether it could also refer to manufacturer recommendations as to type of coolant to be used. As noted above, Ford and DaimlerChrylser recommend against use of any OAT-based antifreeze/coolant in their more recent vehicles.

[4]  ASTM D-3306 comprises several individual tests. Several of those tests - including ASTM D-1384, D-2570, D-2809, and D-4340-- measure an antifreeze/coolant's ability to protect metals and components. Review of those individual tests confirms that they were not designed to measure performance over a specified period. For example, 4.1 of ASTM D-2809 states: "It is not intended that a particular rating number, as determined from this test, will be equivalent to a certain number of miles in a vehicle test." 4.2 of ASTM D-2570 states: "Although this test provides improved discrimination, it cannot conclusively predict satisfactory corrosion inhibition and service life." 4.2 of ASTM D-4340 states: "[S]atisfactory performance of a coolant in this test method does not ensure adequate long-term service performance."

[5]  In his declaration, Honeywell's expert stated that: ASTM Committee D15 has not developed a consensus standard to measure an antifreeze's corrosion protection compatibility with other antifreezes. Stated differently, there is no ASTM consensus standard that is designed to measure whether an antifreeze will provide effective protection against corrosion damage if it is mixed with other antifreeze.