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3/11/2021 - NAD Finds Certain Claims for Optic White Renewal Toothpaste Supported; Colgate to Appeal Recommendation to Discontinue Quantified Stain Removal Claim
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that Colgate-Palmolive Company supported advertising claims that its Optic White Renewal Toothpaste has “unprecedented whitening power,” “contains 3% hydrogen peroxide,” and has “the most hydrogen peroxide in a whitening toothpaste.” However, NAD recommended that Colgate discontinue the claim that its product “removes 10 years of yellow stains.” Colgate will appeal that recommendation. The claims at issue, which appeared on websites, television advertising, and product packaging, were challenged by the Procter and Gamble Company (P&G), a competing manufacturer of toothpaste.
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3/10/2021 - NAD Finds Salonpas Duration Claim Supported; Recommends Hisamitsu America Discontinue Comparative Pain Relief, Onset of Action, Range of Motion Claims
New York, NY – March 10, 2021 – The National Advertising Division (NAD) determined that Hisamitsu America, Inc. supported its duration claims that Salonpas Pain Relief Patch Large “works for up to 12 hours” and “provides relief for up to 12 hours.” NAD also determined that Hisamitsu provided a reasonable basis for the challenged claims comparing the Salonpas patch’s regulatory pathway to competitor products. However, NAD has recommended that Hisamitsu discontinue certain parity and product performance claims.
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3/09/2021 - Two of BBB National Programs’ Self-Regulatory Watchdogs Bring Azerion Gaming Website and App into Compliance with Privacy Best Practices
McLean, VA – March 9, 2021 – Two self-regulatory watchdog units of BBB National Programs, the Digital Advertising Accountability Program (DAAP) and the Children’s Advertising Review Unit (CARU), today released the result of a new data privacy case for the children’s gaming site Girls Go Games and the mobile app My Dolphin Show. Azerion, the publisher of Girls Go Games and My Dolphin Show, worked with DAAP and CARU to bring its online services into compliance with the Digital Advertising Alliance (DAA) Principles for privacy and interest-based advertising, and CARU’s Advertising Guidelines, respectively.
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3/08/2021 - DSSRC Recommends Direct Selling Company ONEHOPE Modify and Discontinue Certain Earnings Claims
McLean, VA – March 8, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several earnings claims made by ONEHOPE, a California-based direct selling company that sells wine, coffee, and other comfort beverages, including claims related to the COVID-19 pandemic. The inquiry was commenced through DSSRC’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 on ONEHOPE’s website and the social media accounts of salesforce members.
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3/04/2021 - DSSRC Refers Health-Related Product and Earnings Claims for RBC Life Sciences to FTC
McLean, VA – March 4, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and earnings claims made by RBC Life Sciences to the FTC for possible enforcement action after RBC Life Sciences failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that RBC Life Sciences products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, RBC Life Sciences’ salesforce members have made egregious representations in social media posts about income that can be earned as a member of the RBC Life Sciences salesforce. In addition, on its website, RBC Life Sciences falsely represented that it is an accredited business with the Better Business Bureau and a member of the Direct Selling Association.
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3/03/2021 - NAD Finds Health-Related Claims for Pendulum Glucose Control Medical Probiotic Supported but Recommends Some Modifications
New York, NY – March 3, 2021 – The National Advertising Division (NAD) determined that certain claims for Pendulum Glucose Control, manufactured by Pendulum Therapeutics, Inc. to help Type 2 diabetes dietary management, were supported by competent and reliable scientific evidence. However, NAD recommended that certain modifications were necessary so that the claims more accurately reflect the limitations in the evidence. The claims at issue were challenged as part of NAD’s routine monitoring program. During the pendency of the case, the advertiser voluntarily modified many of the challenged claims permanently, therefore, NAD did not review these claims on the merits. -
3/02/2021 - NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform
New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home.
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2/24/2021 - NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim
A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also recommended that AT&T discontinue the claim that AT&T is “Building 5G on America’s Best Network,” or state in the body of the claim that the “Best Network” referred to is AT&T’s 4G network. The advertising at issue had been challenged by Verizon Wireless, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6401), AT&T appealed and Verizon cross appealed.
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2/23/2021 - NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available
New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.
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2/02/2021 - NAD Recommends Nanoceutical Solutions Discontinue Certain Claims for Nano Glutathione Liquid Dietary Supplement and Modify Instagram Ad
The National Advertising Division (NAD) recommended that Nanoceutical Solutions discontinue efficacy and establishment claims for its Nano Glutathione liquid dietary supplement due to a failure to provide sufficient evidence for the claims. The claims at issue were challenged by the Council for Responsible Nutrition (CRN). NAD also recommended that Nanoceutical Solutions modify a “Conditions Associated with LOW Glutathione” Instagram advertisement to avoid conveying the misleading message that supplementation with Nano Glutathione can prevent or reduce the risk of the listed health conditions.
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1/28/2021 - NAD Recommends L’Oréal Discontinue “#1 Dermatologist Recommended” Claim for CeraVe; Advertiser to Appeal
The National Advertising Division (NAD) recommended that L’Oréal USA discontinue claims that CeraVe is the “#1 dermatologist recommended skincare brand” and that it is the “#1 recommended non-OTC moisturizer for acne-prone skin.” The claims at issue, which appeared in online advertising, social media, and in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc., the maker of competing Neutrogena brand facial and body cleansers, moisturizers, and sunscreens.
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1/27/2021 - NARB Recommends Comcast Discontinue or Modify “Best In-Home WiFi Experience” Claim and Discontinue its “Roommate” Commercial
A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Comcast Cable Communications, LLC discontinue its “Roommate” (also referred to as “Living with AT&T”) commercial and discontinue its “Best In-Home WiFi Experience” claim or modify it to refer to the specific attributes for which it can support a superiority claim. The advertising at issue had been challenged by AT&T Services, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6417), Comcast appealed, and AT&T cross-appealed, certain NAD findings and recommendations.
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1/22/2021 - DSSRC Recommends Direct Selling Company Magnetude Jewelry Modify and Discontinue Certain Earnings and Product Claims
McLean, VA – January 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several product claims made by Magnetude Jewelry, a multi-level direct selling company that sells bio-magnetic interchangeable jewelry to consumers, as well as a “replace your income” earnings claim. The inquiry commenced through DSSRC’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 on Magnetude’s website and the social media accounts of salesforce members.
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1/21/2021 - Children’s Advertising Review Unit Determines that Visual Supply Company App Is Not “Directed Primarily or Secondarily to Children”
New York, NY – January 21, 2021 – The Children’s Advertising Review Unit (CARU) determined that Visual Supply Company (VSCO) is not an online service directed primarily or secondarily to children under age 13 as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s own Guidelines for Online Privacy Protection. Identified during CARU’s routine monitoring program of child-directed content, VSCO markets a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend across several social media platforms. -
1/20/2021 - DSSRC Recommends Primerica Discontinue or Modify Certain Business Opportunity Claims
McLean, VA – January 20, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) inquired about certain business opportunity claims made by Primerica, Inc., a financial services company. In response to DSSRC’s request for substantiation of the challenged claims, which primarily appeared on social media, Primerica removed or significantly modified the claims in question, took proactive steps to address all concerns raised, and acted in good faith throughout the inquiry process. The inquiry, which focused on core express and implied earnings and lifestyle benefits arising from participation in Primerica’s business opportunity, were brought to DSSRC by a non-profit, non-governmental advocacy group (NGO).
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1/13/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Gano Excel to FTC
McLean, VA – January 13, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and income claims made by Gano Excel USA to the Federal Trade Commission (FTC) for possible enforcement action after Gano Excel failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that Gano Excel’s products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Gano Excel salesforce members have made egregious representations in social media posts about income that can be earned as a member of the Gano Excel salesforce.
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1/12/2021 - NARB Refers Health-Related Claims for Theraworx Relief for Muscle and Joint Products to the FTC
New York, NY – January 12, 2021 – A panel of the National Advertising Review Board (NARB) has referred advertising claims made by Avadim Health, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action. The referral comes after the company declined to comply with a NARB recommendation to discontinue unsupported health-related claims for Avadim’s Theraworx Relief Products. This challenge originally brought before the National Advertising Division (NAD) by Chattem, Inc., a Sanofi Company, involved claims for two related homeopathic external analgesic products.
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1/07/2021 - NAD Recommends Zarbee’s Inc. Qualify Use of the Term “Natural” in its Brand-Name for Some of its Dietary Supplement Products, and Modify Additional Claims
New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.
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1/06/2021 - NAD Finds Certain Claims for PLx Pharma’s Vazalore Immediate-Release Aspirin Supported; Recommends Modification or Discontinuation of Others
New York, NY – January 6, 2020 – The National Advertising Division (NAD) determined that PLx Pharma provided a reasonable basis for certain claims for its Vazalore immediate-release aspirin product, including that there is a “new delivery system for this lifesaving drug” and “we took a different approach.” However, NAD recommended that PLx Pharma discontinue and modify other claims. Once it becomes available for sale, Vazalore will be the only liquid-filled, immediate-release aspirin product that bypasses the stomach and is absorbed in the intestine. The claims at issue, which appeared in online advertising, were challenged by Bayer Healthcare LLC, maker of Bayer aspirin products and pertain solely to Vazalore’s use for secondary prevention.
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12/30/2020 - NAD Finds End-Of-Day Vision and Comfort Superiority Claims for PRECISION1 Daily Contact Lenses Supported; Recommends Modification of Other Claims
New York, NY – December 30, 2020 – The National Advertising Division (NAD) determined that Alcon Vision LLC provided a reasonable basis for certain superiority advertising claims for its PRECISION1 daily contact lenses. However, NAD recommended that the advertiser modify claims that “Five times more contact lens wearers ‘strongly preferred’ PRECISION1 vs. 1-Day ACUVUE MOIST” to more accurately reflect the evidence in the record, and modify its advertising to avoid conveying the message that its in vitro wettability test results relate to the PRECISION1’s vision and comfort benefits. The claims at issue were challenged by Johnson & Johnson Vision Care, maker of competing daily contact lenses.
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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...