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
Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action
McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.
Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims
New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.
In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims
New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.”
National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers
New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.