Dotdash Meredith Removes InStyle Article for Biossance Eye Cream Following National Advertising Division Inquiry

New York, NY – June 29, 2023 – Through its routine monitoring program, BBB National Programs’ National Advertising Division (NAD) inquired about a claim made in the InStyle article “Biossance Squalane & Marine Algae Cream.” InStyle is part of the Dotdash Meredith publishing family. Dotdash Meredith stated that it has permanently removed the article from the InStyle website and all of its other distribution channels “for business reasons independent of the NAD inquiry.”

NAD’s inquiry focused on whether the format of the challenged advertising reasonably conveyed the message that the “Reese Witherspoon-Approved” eye cream and product performance claims are editorial content when, in fact, they are advertisements. Further, NAD questioned whether Ms. Witherspoon’s status as a Biossance brand ambassador is clearly and conspicuously disclosed.

NAD noted that it is important to provide consumers with enough information about any economic relationships between online media and publishing and the brand or product so that consumers can decide what weight to give the information. To the extent a digital publisher creates content that is influenced by its affiliate marketing relationships, the content is advertising. Similarly, if content is created because of the affiliate relationship, the content is promotional and is advertising.

Due to the financial incentives underlying the content Dotdash Meredith delivers, NAD cautioned the advertiser to evaluate its business relationships with brands or products about which it is writing and determine whether the content is advertising or editorial and, if it is advertising, to label it as such. 

In its advertiser statement, Dotdash Meredith stated that it is committed “to editorial integrity and transparency, including by ensuring that its editorial content is not influenced by commercial interests” and thanked NAD for “engaging with us on these issues and providing additional guidance to the publishing industry as practices and standards continue to evolve.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

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.

Read the Decision Summary
Decision

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.”

Read the Decision Summary
Decision

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. 

Read the Decision Summary
Decision

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...

Read the Decision Summary