Posted: Monday, May 11, 2009, 4:33 p.m., EDT

The advertising industry’s self-regulatory entity has referred advertising for Blue Buffalo Co.’s Blue brand of pet food to the Federal Trade Commission for review.

The National Advertising Division of the Council of Better Business Bureaus (NAD) claims the Wilton, Conn.-based manufacturer has declined to modify or discontinue its “no animal by-products” advertising claims. Blue Buffalo maintains that it has altered its advertising, but not its packaging, which the company claims NAD does not have authority over.

NAD reviewed advertising for the Blue line of pet food in July 2008 following a challenge by competing pet-food manufacturer Hill’s Pet Nutrition. NAD recommended that Blue Buffalo discontinue its “no animal by-products” claims when made in reference to pet foods containing fish meal, lamb meal and/or liver.

NAD noted that Blue Buffalo pet foods are made with liver, fish meal and lamb meal. Although Blue Buffalo did not disclose the composition of its fish and lamb meal, “the relevant regulatory guidelines make clear that these meals can include kidneys, intestines, eyeballs, brains and other viscera,” according to NAD. NAD found consumers would “expect that a food with ‘no animal by-products’ [would] not contain such ingredients.”

Blue Buffalo President Bill Bishop said Blue Buffalo’s use of the term “by-product” is fully consistent with the Association of American Feed Control Officials’ (AAFCO) definition. He said the company has modified its advertising claims in magazines and on the web to note that Blue Buffalo is referring to the AAFCO’s definition of “by-product.” However, he said, the NAD does not have authority to make the company alter its packaging.

“The industry had never looked at NAD as a packaging review board,” he said.

Bishop said it’s the company intention to make it an “industry issue” as to whether NAD can enforce packaging changes. He said the company would want to include other natural and holistic brands in the discussion. <HOME>