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7/13/2021 - In Two Fast-Track SWIFT Cases, One Voluntary Discontinuance of Claims, and One National Advertising Division Recommendation to Discontinue Claims
New York, NY – July 13, 2021 – The National Advertising Division (NAD) of BBB National Programs closed two new Fast-Track SWIFT cases in June. Function challenged PerSe Beauty’s “over 192,000 5-star product reviews” claim and Nestle Nutrition challenged Reckitt Benckiser’s exclusivity claims about the ingredients of the Enfamil brand’s Nutramigen line of infant formula products. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.
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6/30/2021 - National Advertising Division Recommends AT&T Modify Certain Claims Comparing its Fiber-Optic Internet Services Upload Speed to Cable; Advertiser to Appeal
New York, NY – June 30, 2021 – The National Advertising Division (NAD) recommended that, in connection with comparative advertising for its fiber-optic internet service, AT&T Services modify the express claim that all cable upload speeds are slow and the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes. NAD further recommended that AT&T modify its “better internet” and “faster internet experience” claims to avoid conveying unsupported messages. AT&T will appeal NAD’s recommendation to modify these claims.
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6/30/2021 - NAD Recommends Modification of “#1 Derm-Trusted Suncare” Claim for Neutrogena; JJCI Appeals Recommendation to Discontinue Other Claim
New York, NY – June 30, 2021 – The National Advertising Division (NAD) of BBB National Programs did not take issue with support provided for Johnson & Johnson Consumer, Inc.’s claim that its Neutrogena brand provides “#1 Derm-Trusted Suncare.” NAD, recommended, however, that JJCI modify its use of the claim in conjunction with the phrase “used most often for themselves and their own families” to avoid misleading consumer takeaways. NAD also recommended that the advertiser discontinue several "#1 Dermatologist Recommended" claims.
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6/29/2021 - National Advertising Division Refers TikTok Influencer Advertising for Coldest Water Bottle to Federal Trade Commission for Further Review
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by The Coldest Water, LLC to the Federal Trade Commission (FTC) for review. Through its ad monitoring program, NAD inquired about numerous TikTok videos by influencers featuring the reusable, insulated Coldest Water bottle. The advertiser did not respond to NAD’s request to provide support for its claims.
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6/29/2021 - National Advertising Division Recommends Life Renew Discontinue Certain Claims for its NerveRenew Dietary Supplement
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Neuropathy Treatment Group, d/b/a Life Renew, discontinue the following claims for its NerveRenew dietary supplement: “100% Stabilized R-Alpha Lipoic Acid (R-ALA) is our most important ingredient," “It contains the most powerful and clinically studied forms of B vitamins, Stabilized R Alpha Lipoic Acid, anti-oxidants and herbal extracts. All the ingredients have been included in clinical studies and provide a synergistic effect when taken together," and “3X Greater Bioavailability." The claims at issue were challenged by the Council for Responsible Nutrition (CRN).
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6/24/2021 - National Advertising Division Recommends Audien, LLC Discontinue “Tinnitus Management” and Comparative Pricing Claims for its Rechargeable Hearing Aids
New York, NY – June 24, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Audien, LLC discontinue the following claims for its rechargeable hearing aid: “Rechargeable Hearing Aids for $89/pair*”, “Similar technology to $5000 hearing aids", and “Can be used for Tinnitus management.” These claims, which appeared in internet advertising, were challenged by NAD as part of the independent non-profit organization’s routine monitoring program.
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6/17/2021 - Zinzino Agrees to Direct Selling Self-Regulatory Council Recommendation to Modify and Discontinue Certain Product Performance and Earnings Claims
McLean, VA – June 17, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) announced the modification and discontinuation of certain product performance and earnings claims made by Zinzino LLC. The claims that were the subject of the inquiry were disseminated by Zinzino salesforce members on social media as well as on the Zinzino company website.
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6/17/2021 - National Advertising Review Board Recommends Colgate Discontinue “Removes 10 Years of Yellow Stains” Claim for Optic White Renewal Toothpaste
New York, NY – June 17, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Colgate-Palmolive Company discontinue the claim that Optic White Renewal Toothpaste “removes 10 years of yellow stains” based on its determination that the claim is not supported by the advertiser’s evidence.
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6/16/2021 - National Advertising Review Board Recommends Boost Mobile Discontinue “Unlimited Data” Claim for 4G LTE Data Plans
New York, NY – June 16, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Boost Mobile discontinue the claim “unlimited data” for its “Go Unlimited” data plans based on its determination that Boost Mobile failed to provide proper support for the use of the “unlimited data” claim as reasonable consumers understand that term. The advertising at issue, along with certain other claims for Boost Mobile’s “Go Unlimited” plans, had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD).
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6/15/2021 - National Advertising Division Recommends Charter Communications Discontinue or Modify Certain TV Commercial Claims for Spectrum Internet
New York, NY – June 15, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Charter Communications, Inc. discontinue or modify certain comparative speed claims for its Spectrum Internet service versus AT&T, which appeared in its “Welcome Back Party” and “Great Offers” television commercials. The claims at issue were challenged by AT&T Services, Inc. and included express and implied claims.
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6/10/2021 - DSSRC Recommends Direct Selling Company Aihu Discontinue Certain Health-Related Product Performance Claims
McLean, VA – June 10, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several health-related product performance claims made on the company website and on social media by Aihu, Inc, a direct selling company that sells biodegradable, organic essential oil skincare products, and its salesforce members. The inquiry commenced through DSSRC’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry. DSSRC was concerned that the representative claims communicated that Aihu’s products could protect against serious health-related conditions.
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6/08/2021 - National Advertising Division Finds Certain Claims for Crest Whitening Emulsions Supported; Recommends Discontinuation or Modification of Others
New York, NY – June 8, 2021 – The National Advertising Division (NAD) determined that The Procter & Gamble Company (P&G) provided a reasonable basis for claims that its Crest Whitening Emulsions provide “better” or “100% whiter” results and that it “whitens better” than P&G’s own ARC Pen, but recommended that P&G modify its advertising to clearly and conspicuously disclose that the object of its comparative claims is the ARC Pen. NAD also found that P&G provided a reasonable basis for its “virtually no sensitivity” claim. NAD recommended that P&G modify the claims “faster” and “5x active peroxide droplets suspended in a hydrating base to whiten teeth,” discontinue or modify the claim “stops stains before they set in,” and discontinue certain other claims.
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5/27/2021 - Children’s Advertising Review Unit Recommends IMC Toys Include “Non-Edible” Disclosure in Cry Babies Magic Tears Tutti Frutti Doll Advertisement
New York, NY – May 27, 2021 – The Children’s Advertising Review Unit (CARU) recommended that IMC Toys USA Inc. modify its television advertisement promoting the Cry Babies Magic Tears Tutti Frutti doll to include a clear and conspicuous disclosure that children should not consume the jell-like substance produced by the doll. CARU also recommended that future advertisements not refer to the tears as jelly. IMC Toys has informed CARU that the ad is no longer running and that it will not run in the current format again.
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5/25/2021 - Claims Comparing TVision Live Service to Cable TV Discontinued Due to T-Mobile’s Termination of the Service During National Advertising Division Challenge
New York, NY – May 25, 2021 – T-Mobile USA, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued challenged claims made in connection with its TVision Live service, including that TVision Live is half the price of cable and allows customers to watch “only what you want.” During the proceeding, the advertiser informed NAD that the TVision Live service has been discontinued and, as a result, the challenged claims were also permanently discontinued.
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5/19/2021 - National Advertising Division Refers Quicken Loans’ “No Registration, No Login” Claims to Federal Trade Commission for Further Review
New York, NY – May 19, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Quicken Loans to the Federal Trade Commission (FTC) for review. Through its routine monitoring program, NAD challenged “No Registration, No Login” claims made by Quicken Loans in connection with encouraging consumers to refinance their mortgage and learn more about its low refinancing rates. The advertiser did not respond to NAD’s request to provide substantiation for its claims.
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5/19/2021 - Lemonade, Inc. Voluntarily Discontinues Certain Pet Health Insurance Claims Following National Advertising Division Challenge
New York, NY – May 19, 2021 – Lemonade, Inc., a provider of pet health insurance, informed the National Advertising Division (NAD) that it has permanently discontinued challenged express claims regarding the speed at which consumers can expect veterinarian claims to be paid by Lemonade. The advertiser’s claims, which appeared in online advertising and social media, were challenged by Trupanion, Inc., which offers competing pet insurance policies. During the proceeding, the advertiser informed NAD that it had permanently discontinued the challenged express claims.
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4/28/2021 - Children’s Advertising Review Unit Determines Development Platform Unity Did Not Have Actual Knowledge of Ad SDK Data Collection in Child-Directed Apps
McLean, VA – April 28, 2021 – The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, determined that Unity Technologies did not have actual knowledge, as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s Guidelines for Online Privacy Protection, that the company’s advertising software developer kit (Ads SDK) was collecting persistent identifiers from child-targeted apps Number Coloring and Cats and Cosplay.
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4/27/2021 - National Advertising Division Recommends Charter Communications Discontinue Spectrum Mobile “Fastest Overall Speeds” Nationwide Claim; Advertiser to Appeal
New York, NY – April 27, 2021 – The National Advertising Division (NAD) determined that evidence offered by Charter Communications to support its claim that Spectrum Mobile delivers the “fastest overall speeds” nationwide was not a good fit. In recommending that the claim be discontinued, NAD found that Charter is not delivering an “overall fastest” (aggregated) speed to the consumer. It is only when the consumer is in certain geographic markets or connected to Spectrum WiFi (at home or via hotspot) that the consumer gains a speed advantage over competing providers. Charter will appeal NAD’s recommendation. The claim that Spectrum Mobile offers “the fastest overall speeds,” which appeared in website advertisements, television, radio, as well as internet commercials, was challenged by AT&T Services.
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4/22/2021 - National Advertising Division Recommends Natural Diamond Council Discontinue Certain Advertising Claims on Benefits of Mined Versus Man-Made Diamonds
New York, NY – April 22, 2021 – The National Advertising Division (NAD) recommended that the Natural Diamond Council discontinue certain advertising claims comparing mined diamonds with man-made diamonds, including the carbon emissions associated with diamond mining compared with diamond manufacturing, the scarcity of mined diamonds, the resale value of mined diamonds versus man-made diamonds, as well as claims that described mined diamonds as “real”, in contrast to man-made diamonds. The claims at issue, which appeared on the Natural Diamond Council’s website and in marketing assets that the advertiser makes available to retailers, were challenged by Diamond Foundry, Inc., a manufacturer of laboratory-grown diamonds (LGDs).
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4/21/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Bulavita to FTC
McLean, VA – April 20, 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 Bulavita 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 Bulavita products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Bulavita salesforce members have made misleading representations in social media posts about income that can be earned as a member of the Bulavita salesforce.
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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...