New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.

New York, NY – December 22, 2020 – A panel of the National Advertising Review Board (NARB) recommended that Verizon Communications, Inc. qualify its “fastest internet available” claim by disclosing clearly and conspicuously the source of the data supporting the claim, discontinue claims that Fios provides superior streaming or buffering and that fiber is more weather resilient, modify claims that Fios supports more devices to explain which consumers would see a consumer relevant benefit, and discontinue unqualified claims (i) of superior reliability, (ii) that Fios provides superior performance, (iii) that fiber technology provides superior performance; and (iv) that fiber is better. The advertising at issue had been challenged by Charter Communications, Inc. before NAD.

New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.

New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.

New York, NY – December 21, 2020 – A panel of the National Advertising Review Board (NARB), on an appeal from a decision of the National Advertising Division (NAD), has recommended that T-Mobile, U.S., Inc. discontinue or modify certain superior reliability and 5G claims. The panel also found that T-Mobile’s superior coverage claims did not imply overall superiority, rejecting NAD’s conclusion that such claims required the disclosure of material differences. The advertising at issue had been challenged by Verizon Communications Inc. The challenged claims were contained principally in a four-minute video, “Bill Nye Explains 5G,” available on a T-Mobile website. 

New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services. 

McLean, VA – November 18, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs today referred certain marketing claims made by Flavon USA, LLC (Flavon) to the Federal Trade Commission (FTC) for possible enforcement action after Flavon failed to participate in the self-regulatory process and provide substantiation for the claims. At issue in DSSRC’s inquiry earnings and health-related product claims implying that Flavon’s products, dietary vegetable, and fruit concentrate dietary supplements, can treat and prevent a number of health-related conditions.

New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.

New York, NY – November 5, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) has referred certain marketing claims made by Fortress Network, LLC to the FTC for possible enforcement action after Fortress failed to participate in the self-regulatory process. At issue in DSSRC’s inquiry were income and business opportunity representations made by the peer-to-peer marketing platform concerning the amount of money that Fortress salesforce members could reasonably expect to earn from related business opportunities. 

McLean, VA – November 4, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) challenged certain unsubstantiated earnings and health-related/wellness benefit product claims made by LurraLife, a multi-level direct selling company. In response to DSSRC’s request for substantiation of the challenged claims, LurraLife removed the videos and ads in question and requested the same action be taken by its corporate brand partners. The claims were challenged as a result of the DSSRC’s routine monitoring program.  

New York, NY – November 4, 2020 – The National Advertising Division (NAD) determined that Advantice Health provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “reduces discoloration.” However, NAD recommended that the advertiser discontinue other product claims, including "clinically proven" and "new and improved," and discontinue or modify challenged product demonstrations. The claims at issue were challenged by Arcadia Consumer Healthcare.