Routine Wellness Discontinues Advertising Claims for Shampoo and Conditioner Following National Advertising Division Challenge

New York, NY – March 14, 2023 – As part of the National Advertising Division (NAD) of the BBB National Programs routine monitoring of national advertising for truth and transparency, NAD inquired about claims recommending hair care products of Routine Wellness Inc. During the pendency of the inquiry, Routine Wellness voluntarily discontinued advertising claims regarding its shampoo and conditioner. 

NAD inquired about the advertiser’s Facebook and Instagram posts that linked to an article on the lifestyle blog My Best Self that reviewed and recommended Routine Wellness shampoo and conditioner. 

Although the review was independently authored by the My Best Self editorial staff based on the author’s personal experiences and opinions, NAD has long held that when an advertiser quotes, restates, links to, or otherwise disseminates claims made about its product by a third party, those same third-party claims become advertising claims made by the advertiser for which the advertiser must have substantiation.  This is true even when the advertiser has not paid for, sponsored, approved, or controlled the third party’s claims about the advertiser’s product.  

NAD found that when Routine Wellness linked its social media post to the review, claims made about Routine Wellness’s hair care products in the review (e.g., “5 Best Shampoos for Women with Thin Hair”) became advertising claims of Routine Wellness for which Routine Wellness must have a reasonable basis of support.  

During the proceeding, Routine Wellness informed NAD that it had permanently discontinued the post and dissemination of the review. Therefore, NAD did not review the claim on its merits.

In its advertiser statement, Routine wellness thanked NAD for its “careful review of this matter” and stated that it is “pleased with NAD’s decision and will comply with its recommendations.”

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 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
Decision

National Advertising Division Finds Certain Fenty Skin Melt AWF Cleanser Performance Claims Supported; Recommends Modifications to Disclosures

New York, NY – April 12, 2024 – The National Advertising Division determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for certain claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser.

Read the Decision Summary