Smarter Travel Voluntarily Discontinues “80% Off” Claim in National Advertising Division Fast-Track SWIFT Case
New York, NY – October 18, 2023 – The National Advertising Division (NAD) of BBB National Programs has closed a Fast-Track SWIFT challenge initiated by Fareportal Inc., operator of the online travel agency websites CheapOAir.com and OneTravel, regarding advertising by Smarter Travel Media LLC.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD.
Fareportal challenged Smarter Travel’s “80% off” travel bookings claim featured in search engine ads for BookingBuddy.com, including Google searches for “CheapOAir” with headlines such as “80% Off Cheap Flights? – 80% Off Student Flights?”
Fareportal argued that the challenged claim was not supported. In response to Fareportal’s SWIFT challenge, Smarter Travel informed NAD that during the inquiry it was voluntarily and permanently discontinuing all variations of its “80% off” claim in its online advertising. Therefore, NAD did not review the claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued.
Smarter Travel agreed to comply. In its advertiser statement, Smarter Travel stated that its “search engine listings have included headlines framed as disbelieving questions – i.e., ‘80% Off . . . ?’ It added “Smarter Travel continues to view such phrasing as properly inviting healthy skepticism on the part of consumers. Yet, we acknowledge the view that at least some readers could misconstrue it as making an affirmative (albeit implied) claim.”
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
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.