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Sherwin-Williams 0-VOC Claims for Harmony Products Challenged

Wednesday, January 19, 2011

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A self-policing ad industry group recommended that The Sherwin-Williams Company modify or discontinue advertising claims that its “Harmony” paint line is completely free of volatile organic compounds (VOCs).

Sherwin-Williams accepted the recommendation with some reservations, the company said.

The recommendation was announced on January 18 by the National Advertising Division of the Council of  Better Business Bureaus.
 
Rival Benjamin Moore had challenged the Sherwin-Williams claims.
 
NAD reviewed and investigated express and implied claims made by Sherwin-Williams in website and print advertising.

Express claims includes the language, “No-VOC formula,” “Zero-VOC formula,” and “Formulated without silica and without VOCs for better indoor air quality.”
 
NAD also reviewed the implied claim that the full line of Sherwin-Williams Harmony paints, including base paint and paint containing color, contain no VOCs.
 
NAD explained that VOCs are defined by the U.S. Environmental Protection Agency as “any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.”  For purposes of this challenge only, NAD said, both parties agreed that a “zero VOC” or “no VOC” claim is substantiated if the VOC content of the paint contains less than 5.0 grams per liter (g/L) VOC.

In this case, NAD considered the advertiser’s representation that, based on its Material Safety Data Sheets and Technical Data Sheets, certain colors in its Harmony line would exceed the 5.0 g/L VOC threshold when its “deep base” paint was mixed with conventional colorants, but the majority of the paints in its Harmony line would yield less than 5.0 g/L. 

NAD also reviewed evidence that included the results of testing commissioned by the challenger on selected colors of Harmony brand paint. The results of that testing indicated that, after the addition of conventional colorants to Sherwin-Williams “deep base” paint, VOC levels ranged from 42 to 112 g/L for “Coating” VOCs.

Sherwin-Williams questioned the testing and maintained that because the majority of its paints in the Harmony line fall below the 5.0 g/L (or other de minimis) threshold, its zero-VOC claims are substantiated as to its entire line of Harmony paints. 

Following its review of the evidence in the record, NAD determined that the advertiser’s claim of “zero-VOC” was a line claim for the full line of Harmony paints after the addition of colorants.

The evidence in the record, NAD noted, “demonstrates that not all of the paint colors in the Harmony line perform as promised when Sherwin-Williams’ Deep Base is mixed with conventional colorants.”

NAD recommended that the claim be discontinued or modified to clearly convey to consumers that there are exceptions to the line claim by clearly and conspicuously disclosing that the addition of conventional colorants to Harmony Deep Base paint may result in higher levels of VOCs for some colors.

Sherwin-Williams said it “is disappointed that the NAD did not agree with its position that both consumers and the industry understand zero-VOC claims to pertain only to the majority of colors in a paint line, as opposed to being a 100% ‘line claim.’ However, out of respect for the self-regulatory process, Sherwin-Williams will accept the NAD’s decision and will take the NAD’s findings into consideration in its future advertising for Harmony.”

Comment from Phil Kabza, (1/20/2011, 8:36 AM)

As a specifier who frequently specifies (and uses) Sherwin-Williams paints, I encourage S-W and other manufacturers to take this kind of cautionary reproach to heart. We frequently are called upon by our architect and facility owner clients to specify low- or no- voc and low-odor finishes. It would not occur to us that a finish labeled by a manufacturer as "no-voc" in its literature is actually "sometimes low-voc." Misinterpreting such a claim could derail a LEED project certification, to the great displeasure of an owner and great embarrassment to the designer. As specifiers, we are accustomed to digging into the fine print on data sheets in order to avoid such problems; in fact, we often write such technical materials for manufacturer clients. But consumers do not and should not have to read all of the fine print to find out if marketing claims are true.

Comment from Joe Martinez, (1/20/2011, 10:39 AM)

I thought it was common knowledge that addition of certain colorants would alter the grams per liter ratio.

Comment from William Talbott, (1/20/2011, 10:53 AM)

As a long time advocate of S-W as a Healthcare architect who specifies Harmony, we have selected the appropriate colors to comply with our LEED projects. I commend NAD's position and S-W's positive response as it will make the issue more clear to non-professionals.

Comment from Keith Meyn, (1/20/2011, 11:13 AM)

Point is Ben Moore has a zero VOC colorant, so their zero VOC lines of paint can come in any color and still be zero VOC.

Comment from Jack Henley, (1/20/2011, 5:45 PM)

To me, this is subject that will require more study, As an inspector, I see a shift to S/W by many applicators/contractors. As for as the commercial/ architectural side of S/W, I have a daughter (an Interior Dec.) that will use no other paint. I like it also. This small amount of VOC is not a factor.

Comment from Tom Cahill, (1/26/2011, 8:33 PM)

S-W is a name brand. This is key. The small operator may be forgiven (where possible) since he has fewer clients and can cause less damage. But S-W sets a bad example to a very large audience and causes erosion in confidence of a significant scale. They should suffer a punishment sufficient to allow them to survive in the strength to which they are accustomed but to correct the imbalance of their bad acting. They have done real damage and they need to bend over backwards in apology. Remember Tylenol's great magnanimity. We installers and manufacturers are right in asking for a higher standard for a key player. And I am a long time S-W fan and hope to remain so.

Comment from Joe Schneider, (1/28/2011, 11:51 AM)

As an applicator of Sherwin-Williams products and an investor in the company, I am a bit disappointed that this issue needed to be brought forward by the "truth Squad". There are many issues to deal with, that are beyond a company's immediate control but this is not one of them. A company's good will and trust are valuable and limited resources. SW should be very careful in how they spend them.

Comment from Matt Ferring, (1/28/2011, 4:39 PM)

Colorant is excluded from the VOC calculation to achieve LEED-NC version 2.2 EQ 4.2

Comment from Audrey Dalton, (1/29/2011, 7:44 AM)

As a LEED Green Associate and former SW sales rep with an applicator's knowledge of SW products, Harmony in particular, I can attest to the fact that Harmony is only "zero VOC" when specific lighter colorants are added. Sherwin-Williams has long been aware that this is the case and has never hidden this fact. In addition, SW has several employees whose only function is to keep up with LEED requirements and the company has published all LEED paint requirements online with great specificity in a PDF titled, "LEED VOC Coatings Guide". I am sure they will keep up with the marketplace and roll out a zero VOC colorant system very soon, and most other paint manufacturers will follow suit due to more strict VOC regulations nationwide.

Comment from Cortlandt Minnich, (1/31/2011, 9:08 AM)

There is another point that should be made here. When we allow words to take on different meanings in our promotional labels it should be considered misrepresentation. Zero has a definitive meaning. The custom that 5g/liter = "zero" should be questioned. It is less than 1%, yes, but it is not zero. "Low", "ultra-low", "super-ultra-low", “99% VOC free”, yes, but not “zero”.