National Advertising Division Refers Problem Pregnancy Center to the MA Attorney General and Social Platforms for Review

New York, NY – May 16, 2024 – In a challenge brought by The Lawyering Project, a reproductive rights organization, BBB National Programs’ National Advertising Division has referred advertising claims made by Problem Pregnancy, a crisis pregnancy center, to the Massachusetts Attorney General and social media platforms after the company failed to provide a substantive response to the National Advertising Division’s inquiry.

The following represent the claims that served as the basis for this inquiry.

Express Claims

  • “Seeking abortion? Facing an unexpected pregnancy? We’re here to help.”
  • “If you’re pregnant and considering abortion, visit Problem Pregnancy. Our center… provides confidential abortion consultations to help you make an informed decision about your pregnancy. Make an appointment at Problem Pregnancy to talk about your personal situation, discuss the abortion methods that may be available to you and get answers to any questions you may have. All abortion consultations are free and confidential.”
  • “Learn more about the abortion pill, abortion procedures, and all your pregnancy options…Be empowered. Make an informed choice.”

 

Implied Claims

  • Problem Pregnancy provides complete and accurate reproductive health information, including about abortion.
  • Problem Pregnancy supports a woman’s right to choose any and all lawful options for addressing an unintended pregnancy.
  • Problem Pregnancy provides the same services as Planned Parenthood centers.

 

The Lawyering Project argued that the challenged claims convey the misleading message that Problem Pregnancy will provide complete information about all reproductive care options, including abortion, when in fact they do not.  

Despite repeated outreach attempts, Problem Pregnancy did not submit a substantive response to NAD’s inquiry or participate in the self-regulatory process. Per NAD/NARB Procedures, NAD has referred this matter to the Massachusetts Attorney General and social media platforms for review and possible enforcement action.

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. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

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

Direct Selling Self-Regulatory Council Recommends Lovvare Discontinue Earnings and Product Performance Claims

McLean, VA – October 28, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Lovvare, a direct selling company that sells nutritional and wellness products, discontinue product performance and earnings claims made by salesforce members on Facebook and the Lovvare website.

Read the Decision Summary
Decision

James Hardie Appeals National Advertising Division Recommendation to Discontinue Certain Claims for its Fiber Cement Siding

New York, NY – October 24, 2024 – The National Advertising Division determined that, in connection with certain testimonials for James Hardie’s fiber cement siding, no additional disclosure of material connections is necessary, but recommended that other claims be modified or discontinued.   

Read the Decision Summary
Decision

National Advertising Division Finds Certain HEPA Claims for PuroAir 400 Air Purifiers and Filters Supported

New York, NY – October 23, 2024 – In a challenge brought by competitor Levoit, the National Advertising Division determined PuroAir provided a reasonable basis for claims that its PuroAir 400 air purifiers and filters have passed high-efficiency particulate air (HEPA) standards.

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Dudley Beauty Discontinue Earnings Claims

McLean, VA – October 21, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended Dudley Beauty discontinue certain earnings claims made on Facebook, Twitter/X, YouTube, Pinterest, and the company website.  

Read the Decision Summary