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 Dr. Luke Healthcare Discontinue Treatment Claims for its Fungal Nail Renewal Product

New York, NY – July 24, 2024 – The National Advertising Division recommended Dr. Luke Healthcare discontinue certain claims for Dr. Luke’s Fungal Nail Renewal product, including health-related claims, natural claims, and claims that a doctor recommends the product or that it treats a medical condition.

Read the Decision Summary
Decision

National Advertising Division Finds Flag Image on Kendamil Infant Formula Packaging Conveys Supported Message about Products’ Origin

New York, NY – July 17, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division determined that use of a flag image on product packaging for Kendal Nutricare’s Kendamil infant formula reasonably conveys a supported message about the products’ origin. 

Read the Decision Summary
Decision

In National Advertising Division Case, GuruNanda Voluntarily Discontinues Claims Made through Influencers for Coconut Pulling Oil Products

New York, NY – July 16, 2024 – The National Advertising Division has closed a Fast-Track SWIFT challenge regarding claims that GuruNanda’s coconut pulling oil products can “naturally reverse a cavity” and “reverse cavities.” 

Read the Decision Summary
Decision

National Advertising Division Refers Health-Related Advertising Claims for Prolacta’s Human Milk Fortifier to Regulatory Agencies

New York, NY – July 15, 2024 – The National Advertising Division will refer advertising claims made by Prolacta Bioscience for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review.

Read the Decision Summary