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12/01/2021 - National Advertising Division Finds Certain Bausch + Lomb Claims for INFUSE Contact Lenses Supported; Advertiser Appeals Other Findings
New York, NY – December 1, 2021 – The National Advertising Division (NAD) determined that Bausch Health provided a reasonable basis for certain INFUSE silicone hydrogel (SiHy) daily contact lens and lens property claims. However, NAD recommended other challenged claims be modified or discontinued. The claims, which appeared in an INFUSE contact lens brochure directed to Eye Care Professionals (ECPs), along with substantially similar claims appearing in a video and on a consumer-facing website, were challenged by Alcon Vision, LLC, manufacturer of competing DAILIES TOTAL1 (DT1) contact lenses. B+L will appeal NAD’s decision.
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11/30/2021 - National Advertising Division Recommends Byte Disclose Incentivized Reviews for Aligner Products
New York, NY – November 30, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Straight Smile, LLC (Byte) take reasonable measures to provide clear and conspicuous disclosures informing consumers that the review was incentivized for each incentivized review on its website and on BestCompany.com, and discontinue its advertising ranking on BestCompany.com or modify the advertising to ensure that consumers clearly understand that Best Company’s ranking is advertising for Byte and not an honest review from an independent third party. The claims were challenged by SmileDirectClub, LLC.
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11/24/2021 - Direct Selling Self-Regulatory Council Recommends Daxen Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – November 24, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Daxen, Inc. and its salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated aggressive and unsupported health-related product performance claims. The claims that were the subject of the inquiry were disseminated by Daxen salesforce members on social media.
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11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue “America’s . . . Most Reliable 5G Network” and Other Claims
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue certain advertising claims for T-Mobile’s 5G network. T-Mobile will appeal NAD’s decision. The claims, which appeared in television, radio, and internet advertising, were challenged by Verizon Communications, Inc.
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11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue Claims that T-Mobile Has the Most Reliable 5G Network According to umlaut
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue all claims that it has the most reliable 5G network according to the third-party testing company, umlaut. T-Mobile will appeal NAD’s decision. The express and implied claims, which appeared in two television commercials and internet advertising, were challenged by AT&T Services, Inc.
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11/18/2021 - NAD Finds AT&T’s “Faster Internet Experience” Claim Supported in Large File Upload and Self-Comparative Contexts; Advertiser Appeals Other Findings
New York, NY – November 18, 2021 – The National Advertising Division (NAD) determined that the AT&T Services, Inc. claim to have a “faster internet experience” than cable with respect to large file uploads was supported in the context in which it was presented, as well as the claim that AT&T Internet delivers “consistent speed, even at peak times.” However, NAD recommended that AT&T discontinue or modify other challenged comparative performance, pricing, and bandwidth claims. The claims, which appeared on television, radio, the advertiser’s webpage, and on an outdoor ad, were challenged by Charter Communications, Inc.
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11/17/2021 - Air Methods Appeals National Advertising Division Decision That it Modify or Discontinue Certain Advertising Claims for Air Ambulance Transport
New York, NY – November 17, 2021 – The National Advertising Division (NAD) recommended that Air Methods modify or discontinue certain advertising claims for its Air Ambulance Transport. Air Methods will appeal that decision. The claims at issue were challenged by Global Medical Response, Inc. (GMR) and Air Evac EMS, Inc., a competitor in the emergency air medical transport services industry. Many of the challenged advertising claims relate to membership programs and fees associated with the air medical transport of patients. Notably, the challenger offers a subscription membership program, but Air Methods does not.
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11/16/2021 - National Advertising Division Finds Certain Environmental Benefit Claims for Everlane ReNew Clothing Supported; Recommends Modification of Others
New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that Everlane, Inc. provided a reasonable basis for certain environmental benefit claims for its ReNew line of clothing. However, NAD recommended that certain other claims should be modified. The claims, which appeared on the advertiser’s website related to its ReNew line of clothing, were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising.
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11/16/2021 - National Advertising Division Finds The Coldest Water, LLC Takes Appropriate Measures to Disclose Material Connections in TikTok Influencer Advertising
New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that appropriate efforts were made by The Coldest Water, LLC to ensure that its influencers’ material connections were disclosed in TikTok videos for its Coldest Water bottle. After being referred to the FTC in June 2021 for failure to participate in an NAD inquiry, The Coldest Water, LLC decided to engage with NAD’s self-regulatory process and made modifications to its advertising.
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11/15/2021 - dōTERRA Discontinues Health-Related Product Performance and Earnings Claims Pursuant to DSSRC Compliance Inquiry
McLean, VA – November 15, 2021 – dōTERRA discontinued certain product performance and earnings claims as part of a compliance inquiry initiated by the Direct Selling Self-Regulatory Council (DSSRC), an action that DSSRC deemed necessary and appropriate. dōTERRA is a direct selling company that sells essential oils and related products. Central to this inquiry was a concern that these challenged claims were similar to claims from a 2019 DSSRC inquiry with dōTERRA.
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11/10/2021 - In Two Fast-Track SWIFT Cases, NAD Recommends Advertiser Claims be Discontinued in One, and Advertiser Voluntarily Discontinues Claims in the Other
New York, NY – November 10, 2021 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October. Stokely-Van Camp challenged BA Sports Nutrition’s social media posts about the comparative taste of its BodyArmor flavored sports drinks vs. Gatorade’s. The Procter & Gamble Company challenged Art of Sport Group, Inc.’s superiority and disparagement claims in its Instagram videos featuring Old Spice and Art of Sport deodorant canisters “competing” in hurdle and vault competitions. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.
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11/10/2021 - S.C. Johnson Appeals NAD Recommendations to Modify Superior Strength, Unbeatable Freshness and Unbeatable Protection Claims for Ziploc Storage Bags
New York, NY – November 10, 2021 – S.C. Johnson & Son, Inc. will appeal a BBB National Programs National Advertising Division (NAD) decision that the company modify certain claims for its Ziploc storage bags to make clear the relevant conditions under which consumers would experience the claimed benefits. The claims at issue, which appeared in two commercials on Amazon.com, on Ziploc’s product packaging, on free-standing inserts, and on Ziploc’s website, were challenged by Reynolds Consumer Products, LLC, the manufacturer of Hefty storage bags.
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11/09/2021 - Direct Selling Self-Regulatory Council Recommends Chalk Couture Discontinue Inaccurate Earnings Claims
McLean, VA – November 9, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain earnings claims disseminated by Chalk Couture and its salesforce members, be discontinued. Chalk Couture is a direct selling company that sells do-it-yourself home decor products.
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10/26/2021 - National Advertising Division Recommends T-Mobile Discontinue Gwen Stefani and Tom Brady Super Bowl Commercials
New York, NY – October 26, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile USA, Inc. discontinue two television commercials for its 5G network that were challenged by competitor AT&T Services, Inc. The challenged commercials, which premiered during the 2021 Super Bowl, feature well-known celebrities, Gwen Stefani and Tom Brady, engaging in video conversations on their cell phones.
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10/26/2021 - Direct Selling Self-Regulatory Council Recommends Lifebrook Discontinue Health-Related Product Performance and Earnings Claims
McLean, VA – October 26, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims disseminated by Lifebrook LLC and its salesforce members, be discontinued. Lifebrook is a direct selling company that sells juices, supplements, and other products containing Aronia berries. Central to this inquiry was a concern that the product performance claims and earnings claims at issue communicated that Lifebrook products can treat and protect against serious health-related conditions.
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10/20/2021 - National Advertising Division Finds T-Mobile’s “Largest” 5G Network and Other Claims Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – October 20, 2021 – The National Advertising Division (NAD) determined that T-Mobile USA, Inc.’s claim to have the “largest” 5G network is substantiated and that its “5G speeds as fast as Wi-Fi” claim was supported in the context in which it was presented on the advertiser’s website. However, NAD recommended that T-Mobile discontinue the claim that it has the “fastest” 5G network, or qualify the claim to indicate that T-Mobile’s 5G network has the fastest average overall, combined 5G network speeds. NAD also concluded that the Advertiser’s claim “T-Mobile is the leader in 5G coverage and speed” should be modified to limit the claim to its advantages in coverage and average, overall combined 5G speeds.
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10/20/2021 - National Advertising Review Board Recommends Johnson & Johnson Discontinue “#1 Dermatologist Recommended Skincare Brand” Claim for Neutrogena
New York, NY – October 20, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that Johnson & Johnson Consumer Inc. (JJCI) discontinue the claim that its Neutrogena brand is the “#1 Dermatologist Recommended Skincare Brand.” The advertising at issue had been challenged by L’Oréal USA, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6926), JJCI appealed NAD’s recommendation to discontinue the claim “#1 Dermatologist Recommended Skincare Brand,” as well as NAD’s determination that the challenge was not foreclosed by NAD’s prior decision in Neutrogena Corporation (Neutrogena Products, 2008).
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10/19/2021 - National Advertising Division Finds Certain Verizon 5G Claims Supported; Recommends Modification or Discontinuation of Others
New York, NY – October 19, 2021 – In the first National Advertising Division (NAD) Complex Track case, NAD determined that certain comparative performance claims for Verizon Wireless, Inc.’s 5G wireless service are supported or are non-actionable puffery. However, NAD recommended other challenged claims be modified or discontinued, including those that overstate the benefits of 5G Ultra Wideband (5G UWB) or obscure the differences between Verizon’s wireless offerings and among its service plans. -
10/14/2021 - National Advertising Review Board Finds Certain AT&T Comparative Advertising Claims Supported; Recommends Discontinuation or Modification of Others
New York, NY – October 14, 2021 – The National Advertising Review Board (NARB) has determined that AT&T Services, Inc. properly supported certain comparative advertising claims for its fiber-optic internet service in one commercial and one internet video advertisement. However, it recommended that AT&T discontinue three commercials and discontinue or modify one commercial. The advertising at issue had been challenged by Comcast Cable Communications, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6950), AT&T appealed all of NAD’s recommendations that it modify its claims.
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10/05/2021 - ChromaDex, Inc. Discontinues Advertising Claims for Tru Niagen Dietary Supplement Following National Advertising Division Challenge
New York, NY – October 5, 2021 – Following a National Advertising Division (NAD) challenge, brought as part of NAD’s routine monitoring of national advertising for truth and transparency, the advertiser ChromaDex, Inc. permanently discontinued advertising claims regarding the performance benefits of its Tru Niagen dietary supplement. The challenged claims included the express claim “increases energy,” as well as a recent testimonial by former NFL star, Shannon Sharpe, a member of the Pro Football Hall of Fame.
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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...