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9/28/2021 - DSSRC Refers Earnings and Health-Related Product Performance Claims for Q Sciences to FTC and Utah Attorney General
McLean, VA – September 28, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain earnings and representative product performance claims to the Federal Trade Commission (FTC) and Utah Attorney General’s Office for possible enforcement action after Q Sciences, a direct selling company that distributes and markets health-related and wellness products, failed to adequately respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are health-related product performance claims disseminated by salesforce members on social media implying that Q Sciences’ products can protect against several serious health-related conditions, including COVID-19.
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9/28/2021 - NAD Finds Certain Environmental Benefit Claims for Quilted Northern Ultra Soft & Strong Bathroom Tissue Supported; Recommends Modification of Others
New York, NY – September 28, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Georgia-Pacific Consumer Products LP provided a reasonable basis for the environmental benefit claims referenced below for its Quilted Northern Ultra Soft & Strong Bathroom Tissue, including tree-planting claims, energy-efficient-manufacturing claims, real-life energy and water savings examples, and sustainability claims, and that all such claims were substantiated. NAD recommended, however, that certain claims be modified to more clearly disclose the basis for the claims and to avoid communicating unsupported messages.
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9/23/2021 - Direct Selling Self-Regulatory Council Recommends RootWellness Discontinue Certain Health-Related Product Performance Claims
McLean, VA – September 23, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance claims made by Root Wellness, LLC, a direct selling company that markets and distributes health and wellness nutritional supplement products, and its salesforce be discontinued. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated by Root Wellness on the company website and by salesforce members on social media.
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9/16/2021 - National Advertising Division Finds Claim that Almased Diet and Weight Loss Program is “So Safe that Even People with Diabetes Can Use It” Supported
New York, NY – September 16, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Almased USA, Inc.’s claim that its Almased Diet/Weight Loss Program is “. . . so safe that even people with diabetes can use it” was supported. During the proceeding, the advertiser permanently discontinued certain challenged claims, therefore NAD did not review these permanently discontinued claims on the merits. The claims at issue were challenged by the Council for Responsible Nutrition (CRN).
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9/15/2021 - National Advertising Division Finds SlimFast “Energy For Hours” Claim Supported; Advertiser Appeals Recommendation to Discontinue “Clinically Proven” Claims
New York, NY – September 15, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that KSF Acquisition Corp. (SlimFast) provided a reasonable basis for its “energy for hours” claim for its SlimFast Food Products & Weight Loss Plans. However, NAD recommended that the advertiser discontinue certain "clinically proven" claims. The claims at issue, which appeared on the advertiser’s product labels, website, and app, were challenged by Simply Good Foods.
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9/15/2021 - Direct Selling Self-Regulatory Council Recommends SwissJust Discontinue Certain Health-Related Product Performance and Earnings Claims
McLean, VA – September 15, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by SwissJust USA, a direct selling company that markets and distributes natural products for emotional, physical, and dermo-cosmetic well-being, and its salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated that SwissJust products can treat and protect against serious health-related conditions, including COVID-19.
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9/14/2021 - National Advertising Division Refers Advertising Claims for Gravity Defyer Shoes to Federal Trade Commission for Possible Enforcement Action
New York, NY – September 14, 2021 – The National Advertising Division (NAD) of BBB National Programs is disappointed that Gravity Defyer Medical Technology Corporation declined to participate in the industry self-regulation process. As a result of the advertiser’s failure to participate, NAD has referred advertising claims for their Gravity Defyer shoes to the Federal Trade Commission (FTC) for review.
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9/09/2021 - Direct Selling Self-Regulatory Council Recommends Globallee Discontinue Certain Health-Related Product Performance and Earnings Claims
McLean, VA – September 9, 2021 – DSSRC recommended that certain product performance and earnings claims made by Globallee, Inc., a health and wellness supplement direct selling company, and its salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated that Globallee’s Taka products and various other drinks can treat and protect against serious health-related conditions, including COVID-19, cancer, and diabetes. 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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8/24/2021 - National Advertising Division Finds Verizon’s “America’s Most Awarded Network” Claim Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – August 24, 2021 – The National Advertising Division (NAD) determined that the claim “America’s most awarded network” in Verizon Communications, Inc.’s “I’m a Verizon Engineer” commercial did not reasonably convey any unsupported messages about awards given to Verizon’s 5G network. However, NAD recommended that Verizon discontinue the claim “5G from America’s most reliable network” in the “Everyone Deserves the Best” commercial and several other challenged commercials or modify the claim to clarify that “most reliable” is not a specific reference to 5G. NAD also recommended modifications to the challenged portion of Verizon’s website.
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8/18/2021 - Direct Selling Self-Regulatory Council Refers Earnings Claims for ByDzyne to FTC
McLean, VA – August 18, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after ByDzyne, a direct selling company that sells a variety of health and wellness, technology, beauty, and travel products, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated on the company website and by salesforce members on social media.
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8/17/2021 - National Advertising Division Finds SharkNinja’s NeverStick Cookware Brand Name Not Misleading, But Recommends “Never Sticks” Claims be Discontinued
New York, NY – August 17, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that the name NeverStick, used for SharkNinja Operating, LLC’s non-stick cookware, was not false or misleading when used as a brand name standing alone. However, NAD recommended that the advertiser discontinue express and implied claims that its Foodi NeverStick cookware “never sticks,” such as “the NeverStick cookware that NEVER sticks, chips or flakes” and “grab the cookware that never sticks.” NAD also recommended that SharkNinja discontinue claims that NeverStick has a “lifetime guarantee.” The claims at issue were challenged by Sunbeam Products, Inc.
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8/11/2021 - Advertising Claims Discontinued for DAB Defense Against Bacteria Hand Sanitizer + Protectant Following National Advertising Division Challenge
New York, NY – August 11, 2021 – Following a BBB National Programs National Advertising Division (NAD) challenge brought by S.C. Johnson & Son, Inc., the advertiser Three Kings Corporation permanently discontinued express and implied advertising claims from websites and social media regarding the effectiveness and duration of the antibacterial properties of its DAB Defense Against Bacteria Hand Sanitizer + Protectant.
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8/10/2021 - National Advertising Division Finds Butterball’s Qualified “All Natural” Claims Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – August 10, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Butterball, LLC provided a reasonable basis for several claims for its turkey products but recommended that others be modified or discontinued. The claims at issue were challenged by Animal Outlook (AO), a not-for-profit animal rights organization.
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8/05/2021 - Direct Selling Self-Regulatory Council Recommends Limbic Arc Modify and Discontinue Certain Product Performance and Earnings Claims
McLean, VA – August 5, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Limbic Arc, a wellness-related technology product direct selling company, and its salesforce be modified or discontinued. The DSSRC inquiry was commenced through the non-profit watchdog’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated by Limbic Arc and its salesforce members on social media as well as on the company website.
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8/03/2021 - Direct Selling Self-Regulatory Council Recommends Max International Modify and Discontinue Certain Product Performance Claims
McLean, VA – August 3, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that Max International, LLC, a direct selling company that markets a line of wellness products, discontinue certain health-related product claims made by Max International independent salesforce members on social media. The product claims were brought to Max International’s attention by DSSRC as part of its ongoing independent monitoring of the direct selling marketplace.
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7/27/2021 - NAD Finds “Scientifically Formulated” Claim for Morning Recovery Dietary Supplement Supported; Recommends Modification of “80% Improvement” Claim
New York, NY – July 27, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that More Labs, Inc.’s claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking” was supported. NAD recommended, however, that the advertiser modify the claim “users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking” to include the specific symptoms which achieved a near 80 percent improvement. The advertiser’s Morning Recovery dietary supplement is promoted to alleviate hangover symptoms if consumed prior to drinking alcohol. The claims at issue, which appeared in internet advertising, were challenged by the Council for Responsible Nutrition (CRN).
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7/22/2021 - Direct Selling Self-Regulatory Council Recommends Mary Kay Modify and Discontinue Certain Social Media and Website Marketing Earnings Claims
McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Mary Kay Inc. modify or discontinue certain express and implied earnings, incentive, and lifestyle claims from social media and corporate marketing materials, including the Mary Kay website. These claims were made by Mary Kay, a company that sells skincare and cosmetic products through a variety of channels including direct sales, as well as by Mary Kay independent consultants. This inquiry, which included approximately 200 examples, was brought to DSSRC by a non-profit, non-governmental advocacy group (NGO).
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7/22/2021 - DSSRC Refers Earnings and Health-Related Product Performance Claims for Alliance in Motion to FTC
McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Alliance in Motion Global, a direct selling company that distributes and markets food supplements and premium blended beverages, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated on the company website and by salesforce members implying that Alliance in Motion’s products can protect against several serious health-related conditions, including COVID-19.
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7/21/2021 - National Advertising Division Finds Claim that Kerasal Fungal Nail Renewal “Starts Improving Nail Appearance in Just 2 Days” Supported
New York, NY – July 21, 2021 – The National Advertising Division (NAD) determined that Advantice provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “starts improving nail appearance in just 2 days.” The claim at issue, which appeared on product packaging and in internet advertising, was originally challenged by Arcadia Consumer Healthcare in 2020. After the decision, NAD was informed that the challenger violated the program's Policies and Procedures. NAD closed the case and reopened it through NAD’s monitoring program. The advertiser appealed the decision, withdrew its appeal, agreed to comply with NAD’s recommendations, and then petitioned to reopen the matter with new evidence.
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7/20/2021 - National Advertising Division Finds Safe Catch Tuna Mercury Testing Claims Supported; Recommends Modification or Discontinuance of Certain Other Claims
New York, NY – July 20, 2021 – The National Advertising Division (NAD) determined that Safe Catch, Inc., a manufacturer of pouched and canned tuna products sold under the brands Safe Catch Elite, Safe Catch Ahi Yellowfin Tuna, and Safe Catch Wild Albacore, provided a reasonable basis for several claims but recommended that others be modified or discontinued. The claims at issue were challenged by The National Fisheries Institute (NFI), a non-profit trade association that operates, among other councils, the Tuna Council which represents the largest processors and household names for canned and pouched tuna in the United States.
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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...