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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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12/23/2020 - NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR
New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.
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12/22/2020 - NARB Recommends Verizon Discontinue or Modify Certain Superiority Claims for Verizon Fios; Finds Modified “Fastest Internet Available” Claim Substantiated
New York, NY – December 22, 2020 – A panel of the National Advertising Review Board (NARB) recommended that Verizon Communications, Inc. qualify its “fastest internet available” claim by disclosing clearly and conspicuously the source of the data supporting the claim, discontinue claims that Fios provides superior streaming or buffering and that fiber is more weather resilient, modify claims that Fios supports more devices to explain which consumers would see a consumer relevant benefit, and discontinue unqualified claims (i) of superior reliability, (ii) that Fios provides superior performance, (iii) that fiber technology provides superior performance; and (iv) that fiber is better. The advertising at issue had been challenged by Charter Communications, Inc. before NAD.
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12/22/2020 - Ontel Voluntarily Discontinues Television Commercial for Portable UV-C Light Product Following NAD Inquiry into Implied COVID-19 Messages
New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.
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12/21/2020 - NAD Finds Certain Claims for AARP’s Staying Sharp Supported; Recommends Discontinuation or Modification of Brain-Health Benefit Claims
New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.
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12/21/2020 - NARB Recommends T-Mobile Discontinue or Modify Superior Reliability and Other 5G Claims; Finds No Implied Messages in Its Superior 5G Coverage Claims
New York, NY – December 21, 2020 – A panel of the National Advertising Review Board (NARB), on an appeal from a decision of the National Advertising Division (NAD), has recommended that T-Mobile, U.S., Inc. discontinue or modify certain superior reliability and 5G claims. The panel also found that T-Mobile’s superior coverage claims did not imply overall superiority, rejecting NAD’s conclusion that such claims required the disclosure of material differences. The advertising at issue had been challenged by Verizon Communications Inc. The challenged claims were contained principally in a four-minute video, “Bill Nye Explains 5G,” available on a T-Mobile website.
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12/17/2020 - NAD Finds Certain Neebo Baby Monitor Claims Supported and Recommends Modification of Others to Disclose Material Limitations
New York, NY – December 17, 2020 – The National Advertising Division (NAD) determined that Daatrics Ltd. provided a reasonable basis for certain advertising claims made in connection with its Neebo Baby Monitor, and recommended other claims be modified to disclose material limitations. The claims at issue for Neebo, an Internet of Things-connected wearable monitor that provides alerts and statistics to caregivers while children are in motion or asleep, were challenged as part of NAD’s routine monitoring program. -
12/02/2020 - NAD Recommends Chobani Modify “45% Less Sugar Than Other Yogurts” Claim to Avoid Implying that “Other Yogurts” Includes Non-Nutritively Sweetened Products
New York, NY – December 2, 2020 – The National Advertising Division (NAD) recommended that Chobani LLC modify its “45% less sugar than other yogurts” claim for its Chobani Less Sugar Greek Yogurt to clearly communicate the basis of comparison and avoid implying that “other yogurts” include yogurt products that use non-nutritive sweeteners. The claims at issue were challenged by Danone US, LLC, manufacturer of competing yogurt products. -
12/01/2020 - Privacy Watchdog Brings Healthcare Company into Compliance with Ad Privacy Best Practices
McLean, VA – December 1, 2020 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), today released the result of a new data privacy case for the healthcare and medical devices company Abbott, who worked with DAAP to bring more than 60 of its websites into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. -
11/30/2020 - Arcadia Consumer Healthcare Violates National Advertising Division Procedures
New York, NY – November 30, 2020 – The National Advertising Division (NAD) determined that Arcadia Consumer Healthcare violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by using the outcome of an NAD case for promotional purposes. The advertising claims at issue in the case were challenged by Arcadia. -
11/24/2020 - NARB Recommends that Young Living Essential Oils Discontinue “Therapeutic Grade” and Health and Wellness Benefit Claims
New York, NY – November 24, 2020 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Young Living Essential Oils, LC (Young Living) discontinue “therapeutic grade” claims for its “essential oils,” as well as unsupported health and wellness benefit claims. The advertising at issue, as well as other claims, had been challenged by S.C. Johnson & Son, Inc. (SCJ) before the National Advertising Division (NAD) of BBB National Programs. Following NAD’s decision (Case No. 6385), Young Living appealed all aspects of NAD’s findings adverse to it. -
11/23/2020 - Two Fast-Track SWIFT Cases Close in October, One Voluntary Discontinuation of Claim and One Administrative Closure
New York, NY – November 23, 2020 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October, one a challenge brought by DISH Network Wireless against T-Mobile, and the other challenge brought by one maker of personal care products versus another, which was closed by consent of the parties. -
11/19/2020 - NAD Finds AT&T’s “Best Possible” Blog Post Claims Supported
New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services.
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11/18/2020 - NARB Recommends P&G Discontinue Claim that Tide purclean has “4x Cleaning Power”
New York, NY – November 18, 2020 – NARB has recommended that P&G discontinue the claim that Tide purclean has “4x Cleaning Power of [comparator product].” The advertising at issue was challenged by Seventh Generation Company before NAD. Following NAD’s decision, P&G appealed NAD’s recommendation. -
11/18/2020 - DSSRC Refers Health-Related Product and Earnings Claims for Flavon USA to FTC
McLean, VA – November 18, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs today referred certain marketing claims made by Flavon USA, LLC (Flavon) to the Federal Trade Commission (FTC) for possible enforcement action after Flavon failed to participate in the self-regulatory process and provide substantiation for the claims. At issue in DSSRC’s inquiry earnings and health-related product claims implying that Flavon’s products, dietary vegetable, and fruit concentrate dietary supplements, can treat and prevent a number of health-related conditions.
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11/05/2020 - NAD Finds Certain T-Mobile Post-Merger 5G Network Claims Supported; Recommends Modification of Other Benefit Claims
New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.
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11/05/2020 - Direct Selling Self-Regulatory Council Refers Business Opportunity Claims for Fortress Network, LLC to the FTC
New York, NY – November 5, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) has referred certain marketing claims made by Fortress Network, LLC to the FTC for possible enforcement action after Fortress failed to participate in the self-regulatory process. At issue in DSSRC’s inquiry were income and business opportunity representations made by the peer-to-peer marketing platform concerning the amount of money that Fortress salesforce members could reasonably expect to earn from related business opportunities.
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Latest Decisions
Direct Selling Self-Regulatory Council Recommends pawTree Discontinue Salesforce Member Earnings Claims
McLean, VA – May 9, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that pawTree, LLC discontinue certain earnings claims made by salesforce members on Facebook, YouTube, TikTok, and LinkedIn.
National Advertising Division Recommends Amyris Clean Beauty Modify “Clinically-Proven” Claim for Biossance Squalane & Maine Algae Eye Cream
New York, NY – May 9, 2024 – The National Advertising Division recommended Amyris Clean Beauty modify its “Clinically-proven” claim to reflect that the “quick” and “visible” results relate only to hydration and “the appearance of fine lines.”
National Advertising Division Recommends Unilever Discontinue or Modify Certain Claims for Degree Advanced Antiperspirant
New York, NY – May 8, 2024 – The National Advertising Division recommended that Unilever discontinue claims that Degree Advanced completely prevents underarm sweat and sweat marks during intense exercise sessions, discontinue their side-by-side comparison with Old spice, and modify its "Samuel" commercial.
Direct Selling Self-Regulatory Council Recommends Lemongrass Discontinue Certain Earnings and Health-Related Product Claims
McLean, VA – May 6, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Lemongrass Spa Products modify or discontinue certain earnings and health-related product performance claims.