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5/26/2022 - National Advertising Division Finds Certain Google Fiber Claims Supported, with Qualification; Recommends Other Claims be Discontinued
New York, NY – May 26, 2022 – The National Advertising Division (NAD) determined Google Fiber provided a reasonable basis for certain superior speed claims for its fiber service as compared with cable internet providers in its footprint. However, with respect to its “faster in every direction” claim and its “everything you do goes much faster” claim, NAD recommended that the advertiser make certain modifications. The claims at issue were challenged by Charter Communications, Inc.
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5/26/2022 - National Advertising Division Finds Certain Global Medical Response, Inc. Air Ambulance Transport Advertising Claims Supported, with Qualification
New York, NY – May 26, 2022 – The National Advertising Division (NAD) determined that Global Medical Response, Inc. provided a reasonable basis for certain advertising claims for its Air Ambulance Transport. However, NAD recommended that the advertiser clearly disclose qualifying information related to its AirMedCare Network subscription membership program. The claims at issue were challenged by Air Methods Corporation, a competitor in the emergency air medical transport services industry.
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5/25/2022 - National Advertising Division Recommends Goli Nutrition Modify or Discontinue Various Claims for Ashwagandha Gummies
New York, NY – May 25, 2022 – The National Advertising Division (NAD) recommended that Goli Nutrition modify its advertising to avoid conveying challenged implied product efficacy claims for its Ashwagandha Gummies dietary supplement and modify or discontinue a qualified claim about the ability of the ingredient KSM-66 Ashwagandha Root Extract to affect physical performance.
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5/24/2022 - Direct Selling Self-Regulatory Council Recommends My LaLa Leggings Discontinue Salesforce Member Earnings Claims
McLean, VA – May 24, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by My LaLa Leggings salesforce members be discontinued. My LaLa Leggings is an affiliate-based marketing company for clothing, located in Palmdale, CA. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
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5/05/2022 - National Advertising Review Board Recommends Merck Animal Health Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs
New York, NY – May 05, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Merck Animal Health discontinue its “Best in Show” commercial for Bravecto brand flea and tick preventative based on the NARB panel’s finding that the 30-second commercial reasonably communicates an implied misleading and unsupported message that a rival company’s NexGard brand flea preventative fails to protect against fleas for twelve weeks because of a lack of efficacy.
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5/04/2022 - National Advertising Division Finds Certain Apartments.com Website Claims Supported; Advertiser CoStar Group Appeals Other Findings
New York, NY – May 4, 2022 – The National Advertising Division (NAD) determined that CoStar Group, Inc. has a reasonable basis for certain Apartments.com claims, however, NAD recommended that CoStar modify or discontinue certain popularity claims, discontinue several of the challenged conversion and web prevalence claims, and modify or discontinue certain website/service feature claims.
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5/02/2022 - Privacy Watchdog Finds T-Mobile in Substantial Compliance with Advertising Privacy Best Practices
McLean, VA – May 2, 2022 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), worked with T-Mobile USA, Inc. to bring it into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. DAAP monitors the digital marketplace for compliance with digital advertising best practices. As part of its ongoing monitoring activity, DAAP conducted a review of T-Mobile’s Privacy Notice, as published on its website.
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4/27/2022 - Brilliant Earth Voluntarily Discontinues “Free Diamond Earrings” and “One Day Only!” Claims Following National Advertising Division Challenge
New York, NY – April 27, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge, Brilliant Earth Group, Inc. voluntarily discontinued claims made in connection with the sale of its diamonds and jewelry. These claims were challenged by competitor Blue Nile.
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4/27/2022 - National Advertising Review Board Finds Goli Nutrition’s “Apple Cider Vinegar” Gummies Product Name Supported and Not Misleading
New York, NY – April 27, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has determined that Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement.
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4/26/2022 - National Advertising Division Finds Innovix Pharma Qualified Claims Supported; Recommends Certain OmegaVia Performance Claims be Discontinued
New York, NY – April 26, 2022 – The National Advertising Division (NAD) determined that Innovix Pharma, manufacturer of OmegaVia Fish Oil and OmegaVia EPA dietary supplements, can make qualified claims about EPA and DHA supplementation to support heart health in addition to a healthy diet and exercise, but should discontinue the challenged product performance claims and testimonials relating to heart health and triglyceride management. The claims at issue were challenged by Amarin Pharma, Inc., the manufacturer of the FDA-approved cardiovascular drug Vascepa.
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4/20/2022 - Direct Selling Self-Regulatory Council Recommends Daxen Discontinue Certain Health-Related Product Performance Claims
McLean, VA – April 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain health-related product performance claims made by Daxen, Inc. salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated unsupported health-related product performance claims.
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4/20/2022 - National Advertising Division Finds Spectrum’s “Most Consistent Download Speeds” Claim Supported; Recommends Others be Modified or Discontinued
New York, NY – April 20, 2022 – In a challenge brought by AT&T Services. Inc., the National Advertising Division (NAD) of BBB National Programs determined that Charter Communications, Inc. substantiated the “most consistent download speeds” claim for its Spectrum Internet service. However, NAD recommended that the advertiser discontinue certain implied and comparative claims.
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4/13/2022 - In Two Fast-Track SWIFT Cases, NAD Recommends Spectrum Modify or Discontinue Claims and Vision Direct Voluntarily Discontinues Claim
New York, NY – April 13, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in March. In these cases DIRECTV challenged Charter Communications claims regarding the availability of sports channels and sports programming on DIRECTV’s streaming service (DIRECTV Stream), and the American Optometric Association (AOA) challenged the website claim made by Vision Direct that it “operate[s] in line with the Fairness to Contact Lens Consumers Act (FCLCA).”
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4/12/2022 - National Advertising Division Recommends Clif Bar Discontinue Claim “The Ultimate Energy Bar” with “An Optimal Blend of Protein, Fat, and Carbs”
New York, NY – April 12, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Clif Bar & Company discontinue the challenged claim “The Ultimate Energy Bar” with “an optimal blend of protein, fat and carbs,” which appeared in an online commercial for its CLIF Energy Bars. This express claim, along with several implied claims, was challenged by Kind LLC, maker of competing energy bars.
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4/07/2022 - National Advertising Review Board Recommends Bausch + Lomb Discontinue or Modify Certain Claims for INFUSE Contact Lenses
New York, NY – April 7, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Bausch Health US, LLC discontinue or modify certain claims for its Bausch + Lomb INFUSE brand of silicone hydrogel daily contact lenses. The advertising at issue had been challenged before NAD by Alcon Vision, LLC. After NAD’s decision was rendered, Bausch + Lomb appealed to NARB as part of the advertising industry’s self-regulatory process.
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4/05/2022 - Direct Selling Self-Regulatory Council Recommends Tastefully Simple Discontinue Earnings Claims
McLean, VA – April 5, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Tastefully Simple, Inc. salesforce members be discontinued. Tastefully Simple is a multi-level marketing company that sells meal kits and other prepared food products. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
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3/31/2022 - Direct Selling Self-Regulatory Council Recommends Innov8tive Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Innov8tive Nutrition and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Innov8tive and its salesforce members on Facebook as well as on the company website. Innov8tive is a direct selling company that sells nutritional supplements delivered in patch form.
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3/30/2022 - Direct Selling Self-Regulatory Council Refers FutureNet Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after FutureNet, Inc., a direct selling company offering online platforms and networking services, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.
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3/29/2022 - Direct Selling Self-Regulatory Council Recommends Young Living Discontinue Certain Health-Related Product Claims in Compliance Inquiry
McLean, VA – March 29, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Young Living Essential Oils, LLC that had been the subject of an inquiry from 2020. In this compliance inquiry, DSSRC identified new claims that referred to similar health-related claims that were challenged in the 2020 inquiry, including claims that Young Living’s products can effectively treat COVID-19 and its symptoms.
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3/24/2022 - NAD Finds Certain “Fewer Calories” and “Less Fat” Claims for Danone Light & Fit Yogurt Supported; Recommends Modifications to Danone Two Good Yogurt Claims
New York, NY – March 24, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Danone US, LLC has a reasonable basis to support some "fewer calories" and "less fat" claims for its Light & Fit brand yogurt products, however, NAD recommended certain modifications to “percentage less” sugar claims for Danone’s Two Good Vanilla yogurt and Two Good Plain yogurt. These claims, which appeared on product packaging, were challenged by Chobani, LLC.
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Latest Decisions
National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims
New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.
National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services
New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”
Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims
McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube.
National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil
New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...