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2/02/2022 - Privacy Watchdog Brings Funeral Company into Compliance with Ad Privacy Best Practices
McLean, VA – February 2, 2022 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), brought 13 websites for funeral, cremation, and cemetery services provider Service Corporation International (SCI) into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. -
1/27/2022 - National Advertising Division Finds Certain Goli Nutrition ACV Gummies Claims Supported; Recommends Others be Modified or Discontinued: Advertiser to Appeal
New York, NY – January 27, 2022 – The National Advertising Division (NAD) determined that Goli Nutrition supported its express use of the terms “Apple Cider Vinegar,” “Vinegar,” and “ACV” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement. NAD also found that Goli provided a reasonable basis for the claim “Taste the Apple, Not the Vinegar.” However, NAD recommended that Goli discontinue or modify its advertising to avoid conveying the unsupported message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV.
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1/27/2022 - National Advertising Division Finds BestCompany.com “Moderated Reviews” Claim Supported; Recommends Other Claims be Modified or Discontinued
New York, NY – January 27, 2022 – The National Advertising Division (NAD) determined that BestCompany.com, LLC provided a reasonable basis for the claim that all reviews posted on BestCompany.com are “moderated through a tech-enabled, proprietary, 7-point moderation process to ensure they are real and authentic.” However, NAD recommended the advertiser discontinue certain express and implied claims related to the advertiser’s message that Best Company is an independent and impartial review site.
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1/25/2022 - Direct Selling Self-Regulatory Council Refers BE Factor Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – January 25, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after BE Factor (also known as BE Rules and formerly known as Melius), a direct selling company that markets forex and cryptocurrency trading package subscriptions, failed to adequately 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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1/20/2022 - Direct Selling Self-Regulatory Council Recommends Surge365 Discontinue Misleading Earnings Claims
McLean, VA – January 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Surge365 and its salesforce members be discontinued. Surge365 is a multi-level direct selling company that offers discounts on hotels, rentals, cruises, flights, and other travel services. The claims that were the subject of the inquiry were disseminated on social media and the company’s website.
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1/20/2022 - National Advertising Review Board Recommends Air Methods Modify or Discontinue Certain Claims; Upholds Appeal for Others
New York, NY – January 20, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Air Methods Corporation modify or discontinue certain advertising claims for its Air Ambulance Transport service. The panel also upheld the advertiser’s appeal as to other claims. The advertising at issue had been challenged by Global Medical Response, Inc. and its subsidiary, Air Evac EMS, Inc. (collectively, GMR), before the National Advertising Division (NAD).
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1/19/2022 - Direct Selling Self-Regulatory Council Recommends Le-Vel Discontinue Certain Earnings and Health-Related Product Performance Claims in Compliance Inquiry
McLean, VA – January 19, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Le-Vel Brands, LLC that had been the subject of an inquiry from 2020. DSSRC recommended that the new product performance and earnings claims identified in the compliance inquiry, made by Le-Vel salesforce members, be discontinued. Le-Vel is a multi-level direct selling company that sells health and wellness products. -
1/19/2022 - National Advertising Division Finds Glad Trash Bags Product Packaging Not Misleading; Recommends Glad Discontinue or Modify Other Advertising Claims
New York, NY – January 19, 2022 – The National Advertising Division (NAD) determined that product packaging for Glad Products Company’s ForceFlex Plus with Clorox Tall Kitchen Drawstring Bags appropriately ties the Clorox brand to its odor elimination role, and that product packaging for Glad’s Quick-Tie Tall Kitchen CloroxPro Trash Bags does not have the potential to confuse consumers. Reynolds Consumer Products LLC challenged express and implied claims on Glad’s product packaging, product webpages, and commercials.
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1/18/2022 - Direct Selling Self-Regulatory Council Recommends Immunotec Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – January 18, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Immunotec and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Immunotec salesforce members on social media as well as on the company website. Immunotec is a direct selling company that sells nutritional products and supplements.
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1/13/2022 - National Advertising Review Board Recommends PLx Pharma Either Discontinue or Modify “Clinically Shown” Claim for its Vazalore Aspirin Product
New York, NY – January 13, 2022 – A panel of the National Advertising Review Board (NARB) recommended that PLx Pharma Inc. either discontinue use of the claim that Vazalore “is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin” or modify it to disclose as part of the main claim that the clinical evidence is based on a seven-day study comparing a 325mg dose of Vazalore to a 325mg dose of immediate release aspirin. The advertising at issue had been challenged by Bayer Healthcare, LLC before the National Advertising Division (NAD).
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1/12/2022 - Advertiser Voluntarily Discontinues Claim in National Advertising Division Fast-Track SWIFT Case
New York, NY – January 12, 2022 – The National Advertising Division (NAD) of BBB National Programs closed one Fast-Track SWIFT case in December. In that case, Dyson, Inc. challenged SharkNinja Operating LLC’s claim that the Shark HyperAIR hair dryer is the industry’s “first and only high velocity hair dryer and styling system.”
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1/12/2022 - National Advertising Review Board Recommends that Perrigo Discontinue “#1 Brand of Flossers” Claims for its Plackers Brand Dental Floss Products
New York, NY – January 12, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Perrigo Company, PLC discontinue the claim that its oral care business’ Plackers floss product is the “#1 Brand of Flossers.” The advertising at issue had been challenged by the Procter & Gamble Company (P&G) before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7065), Perrigo appealed NAD’s recommendations.
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1/05/2022 - National Advertising Review Board Upholds Qualified Clinically Proven Claim for SlimFast Plan; Recommends “Clinically Proven” Product Claims Be Discontinued
New York, NY – January 5, 2022 – A panel of the National Advertising Review Board (NARB) has concluded that KSF Acquisition Corp. (SlimFast) has proper substantiation for a qualified claim that the SlimFast Plan is clinically proven but found that SlimFast’s product-related “clinically proven” claims are unsubstantiated. The NARB panel declined to adopt the recommendation of the National Advertising Division (NAD) that the advertiser qualify its “lose weight and keep it off” claim to disclose that long-term weight maintenance will likely include some weight regain. The advertising at issue had been challenged by Simply Good Foods (Atkins) before NAD. Following NAD’s decision (Case No. 6952), SlimFast appealed certain NAD findings and recommendations.
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12/28/2021 - National Advertising Division Finds Chime’s “No Overdraft Fees” Claims Supported; Recommends Qualification of “No Hidden Fees” Claims
New York, NY – December 28, 2021 – The National Advertising Division (NAD) determined that Chime Financial, Inc.’s advertising for its “SpotMe” program disclosed the material information necessary to ensure that claims about its program are substantiated, that Chime’s “no overdraft fees” claims are supported, and that the Chime homepage adequately qualifies its “no fees” claim so that consumers understand that out-of-network ATM fees are not among the hidden fees it eliminates. However, NAD recommended that Chime qualify claims on its “No Hidden Fees” webpage and television advertising to make clear that the eliminated fees do not include out-of-network ATM fees.
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12/22/2021 - National Advertising Division Refers Advertising for PLx Pharma’s Vazalore to FTC After Compliance Review
New York, NY – December 22, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by PLx Pharma, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action after the company declined to accept NAD’s recommendations to modify certain claims for its Vazalore immediate-release aspirin product. -
12/21/2021 - National Advertising Division Recommends Cryo-Cell Discontinue or Modify Certain Health-Related Claims for Cord Blood Banking and Treatment Services
New York, NY – December 21, 2021 – The National Advertising Division (NAD) recommended that Cryo-Cell discontinue the unsupported message that families must engage the advertiser’s cord blood storage services to ensure access to the advertised cord blood infusion treatments, or modify its advertising to avoid conveying the message that consumers have exclusive or superior access to advertised cord blood infusion treatments by virtue of choosing Cryo-Cell for storage services. The advertising at issue was challenged by ViaCord, LLC, a provider of competing cord blood banking services.
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12/21/2021 - National Advertising Review Board Recommends that Mint Mobile Discontinue or Modify “UNLIMITED” and “UNLTD” Claims for its High-Speed Data Plan
New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly communicate that its plan does not offer unlimited high-speed data. The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process.
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12/14/2021 - National Advertising Division Recommends Comcast Discontinue “Unlimited 5G” and “Best Price” Claims for Xfinity 5G Mobile Plans
New York, NY – December 14, 2021 – The National Advertising Division (NAD) recommended that Comcast Cable Communications, LLC discontinue certain “Unlimited 5G” and “best price” claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.
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12/09/2021 - In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed
New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency of disclosures in video advertising by PLx Pharma Inc. for its Vazalore aspirin product; NAOOA challenged comparative claims about other olive oils sold in the US, made by olive oil manufacturer Brightland; and P&G challenged “#1 Brand” claims made by Perrigo in print and online advertising for its Plackers brand dental floss products.
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12/08/2021 - Direct Selling Self-Regulatory Council Refers Social Media Earnings Claims for Dot Dot Smile to the FTC and California Attorney General for Possible Enforcement
McLean, VA – December 08, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) and the California Attorney General's Office for possible enforcement action after Dot Dot Smile, a direct selling company that sells children’s clothing, failed to adequately respond to DSSRC’s inquiry.
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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...