National Advertising Division Refers Claims on Smarter-Reviews.com to Federal Trade Commission for Further Review

New York, NY – June 12, 2023 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Smarter Reviews to the Federal Trade Commission (FTC). Through its advertising monitoring program, NAD inquired about the rankings of eye creams on the review website Smarter-Reviews.com, and the implied claims that such reviews and rankings do not have a material connection to Smarter Reviews. The advertiser did not respond to NAD’s request to provide support for its claims.

The claim “2023’s Top Eye Treatment for Refreshed, Youthful-Looking Eyes - We reveal the top 5 products for reducing & preventing the look of aging skin around the eyes,” appeared in a Google search result as part of an article on Smarter-Reviews.com, a review website. 

NAD’s inquiry focused on whether the challenged advertising reasonably conveyed that the eye cream rankings on Smarter-Reviews.com were independent and objective when, in fact, they are advertisements. In particular, NAD questioned:

• Whether Smarter-Reviews.com conveys the message that the site is independent by stating, for example, that its beauty editors chose the products and that its rankings are based on “the quality of ingredients, safety, return policies, projected effectiveness, and customer satisfaction,” and 
• Whether the advertiser’s disclosure that the review website is “owned and operated by a company that has an ownership interest in this product” is sufficient to qualify any potentially misleading messages conveyed by the site’s “editorial-like” format and content.

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. Advertisers must also clearly and conspicuously disclose material connections and relationships with the reviewer or the review site.

Considering the advertiser’s failure to provide a substantive response to NAD’s request for substantiation for its claims or participate in the self-regulatory process, NAD has referred the matter to the FTC for review and possible enforcement action. 

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