Procter & Gamble lodged a claim with the ASA in October 2008 against Alberto-Culver's TRESemme print and television media campaign, stating that the advertisements were misleading as they implied TRESemme products were used by a substantial number of professional stylists in salons.

TRESemme's defence, DM Kisch Inc, demonstrated that the focus of the advertisements was on professional and salon quality at an affordable price, opposed to Procter & Gamble's complaint that the implied meaning of ads, was that products are used by a substantial number of professional hair stylists.  

The argument that the advertisements focus was on quality and price was supported by the fact that the hair care products were sold exclusively for 16 years in salons, before Alberto-Culver shifted distribution to the retail market. It was accepted that the products stayed the same when TRESemme changed its distribu tion strategy and therefore supported the focus and the claim 'salon quality'.

It was further argued that even if the interpretation of the advertisement was that TRESemme products are used by professional hair stylists, the evidence demonstrated that a significant number of hair stylists use TRESemme products.

In the end the final appeal went in favour of Alberto-Culver, finding that the interpretation of the advertisements was that TRESemme products offer professional quality at an affordable price and that a significant number of professionals hair stylists use TRESemme products. 

Andrew Papadopoulos of specialist IP law firm, DM Kisch, who acted for Alberto Culver said, “If the final appeal went against Alberto-Culver they could have been ordered to remove the words 'used by professionals'  from advertising and the product packaging.  The consequence of such an order would have been drastic for Alberto-Culver, as TRESemme’s brand consistency would have been impaired.

“Changes in marketing strategy can be controversial.  Advertising and promoting such changes, may need to be defended in proceedings before the ASA.”

Issued on behalf of DM Kisch

For more information contact:

Andrew Papadopoulos, Trademark Associated at DM Kisch.

Phone: + 27 11 324 3000
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: www.dmkisch.com

Editorial contact:

P and P Communications, Tanya Lobegeier + 27 11 447 3511 This e-mail address is being protected from spambots. You need JavaScript enabled to view it

or Trish Pichulik This e-mail address is being protected from spambots. You need JavaScript enabled to view it