United States ofAmerica 


FEDERAL TRADE COMMISSION 


Washington, D.C. 20580 


Division of Advertising Practices 

October 25, 2017 

Wallace S. Snyder, Esq. 


Chair 


National Advertising Review Board 


112 Madison Avenue, 3rd Floor 


New York, NY 10016 


Re: 	 Advertising Claims for Rust-Oleum Corporation's Painter' s Touch 2X Ultra Cover 

Spray Paint 

Dear Mr. Snyder: 

I am writing to follow up on the NARB's referral to the FTC of its compliance proceeding 

involving Rust-Oleum Corporation's claims that its Painter's Touch 2X Ultra Cover spray paints 

provide "twice the coverage" or "2X" coverage. Your referral letter indicated that The SherwinWilliams Company brought this challenge to the NAD's attention. Your letter stated that Rust-Oleum 

Corporation (Rust-Oleum) participated in NAD's self-regulatory process, and agreed to comply with 

most ofNAD's recommendations, but appealed the NAD's finding that it should discontinue using "2X" 

in the product name. The NARB then affirmed this finding on appeal. Your referral indicated that 

despite the NAD and NARB decisions, Rust-Oleum continued to use the 2X product name, "one can = 

two cans" imagery, and "double cover technology" claim in product packaging. Your letter 

acknowledged that "Rust-Oleum modified its product packaging to include a vertical disclosure near the 

seam ofthe product packaging which states 'Compared to other Rust-Oleum general purpose paints' and 

to explain that the 2X claim applies to other Rust-Oleum general purpose paints on the back panel ofthe 

product packaging." However, you wrote that the "modification fails to comport with NAD's or 

NARB' s findings," and the "vertical disclaimer in the seam ofthe product packaging is wholly 

ineffective." Accordingly, you referred this matter to the FTC for our review. 

We have met in-person and had multiple other communications with Rust-Oleum's 

representatives to discuss the challenged advertising claims. We understand that before the NARB 

referred this matter to the FTC, Rust-Oleum discontinued disseminating promotional materials with 

claims that its products delivered "twice the coverage as other competitive brands." We appreciate the 

NARB's concern that Rust-Oleum's packaging modifications were insufficient to clearly and 

conspicuously convey to consumers that the 2X claim refers to its own products and not competing 

products. 

We understand that Rust-Oleum now has modified its packaging further in an effort to clearly 

and conspicuously convey to consumers that the 2X product name, "one can= two cans" graphic, and 

"double cover technology" compare Rust-Oleum's 2X Ultra Cover spray paints to its own general 

purpose spray paints. First, Rust-Oleum has agreed to move the vertical language "*Compared to other 

Rust-Oleum general purpose paints" from the seam to a horizontal position on the front label. (The "one 
Wallace S. Snyder, Esq. 

October 25, 2017 

page 2 

can = two cans*" graphic, to which the asterisk in this language refers, also appears on the front label.) 

In addition, Rust-Oleum has agreed to make this language more prominent by using bigger and bolder 

font than it had presented to the NAD and NARB. Furthermore, Rust-Oleum has represented that, on its 

cans for white paint, this language will be in blue, in contrast to a white background. On other paint 

colors, this language will be in white in contrast to a color background and offset from other language 

on the label with a bolded white border. Finally, we understand that prior to meeting with the FTC, 

Rust-Oleum had added language on the back label that its 2X Ultra Cover spray paints provide "twice 

the coverage ... when compared to other matching colors ofRust-Oleum general purpose paints" and a 

list ofthese other paints by brand name. 

Upon review ofthe matter, we have determined not to take additional action at this time. Our 

decision is not to be construed as a determination that a violation has not occurred. The FTC reserves 

the right to take such further action as the public interest may require. The FTC fully supports the 

NARB' s and NAD's self-regulatory processes, and we appreciate your referral and the opportunity to 

continue to assist in supporting the N ARB. 

Very truly yours, 

Devin Willis Domond 

Chiefof Stafffor Advertising Practices 

cc: 	 Laura Brett, Director, NAD 

Ronald R. Urbach, Davis & Gilbert LLP (counsel for Rust-Oleum Corporation)