New York, NY – Nov. 12, 2015 – The National Advertising Division has determined that Transitions Optical, Inc. and Younger Manufacturing Company, makers of the “Transitions Signature VII Flat Top 28 Polycarbonate Composite Lenses,” can support advertising claims challenged by Vision-Ease Lens Worldwide, the maker of polycarbonate photochromatic lenses under the LifeRx trademark.
NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
In response to NAD’s inquiry, the advertiser advised NAD in writing that certain claims were permanently discontinued prior to the initiation of NAD’s review. Given that assurance, NAD administratively closed its inquiry into those claims and turned its attention to the claims made in revised advertising for the product.
NAD reviewed claims that included:
- “Transitions Signature VII Flat Top 28 Polycarbonate Composite Adaptive Lenses.”
- “… traditionally, a polycarbonate FT28 lens has not been available with Transitions® technology … [u]ntil now…Younger Optics and Transitions Optical have developed a polycarbonate composite lens that incorporates a thin photochromic front surface bifocal layer made of Trivex —resulting in a lens delivering Transitions Signature VII performance in a product that is surfaced, polished, edged and dispensed just like a clear polycarbonate lens.”
The key issue before NAD was whether the advertiser could support its characterization of its product as a “polycarbonate composite” lens.
Following its review, NAD concluded that the advertiser’s use of the term “Polycarbonate Composite” would reasonably be understood by the target audience to be a lens comprised of distinct parts, combined to form the final product.
In this case, there was no evidence that consumers have been confused or misled and NAD declined to recommend that the advertiser change the name of its product.
Further, NAD concluded that the advertiser provided a reasonable basis for its description of its Transitions Signature VII Flat Top 28 adaptive lenses as “Polycarbonate Composite.”
Finally, NAD concluded that the advertiser provided a reasonable basis for its claim that its polycarbonate composite lens combines a segmented front surface made of Trivex offering Transition photochromic technology with a polycarbonate lens (with a refractive index of 1.59) that is surfaced, polished, edged and dispensed just like a clear polycarbonate lens.
In their advertiser’s statement, Transitions and Younger thanked the NAD “for its careful analysis of the arguments raised by the parties and its thorough understanding of the new and innovative technology comprising this product.”
Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.