BBB National Programs Decisions
1/13/2022 - National Advertising Review Board Recommends PLx Pharma Either Discontinue or Modify “Clinically Shown” Claim for its Vazalore Aspirin Product
New York, NY – January 13, 2022 – A panel of the National Advertising Review Board (NARB) recommended that PLx Pharma Inc. either discontinue use of the claim that Vazalore “is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin” or modify it to disclose as part of the main claim that the clinical evidence is based on a seven-day study comparing a 325mg dose of Vazalore to a 325mg dose of immediate release aspirin. The advertising at issue had been challenged by Bayer Healthcare, LLC before the National Advertising Division (NAD).
1/12/2022 - Advertiser Voluntarily Discontinues Claim in National Advertising Division Fast-Track SWIFT Case
New York, NY – January 12, 2022 – The National Advertising Division (NAD) of BBB National Programs closed one Fast-Track SWIFT case in December. In that case, Dyson, Inc. challenged SharkNinja Operating LLC’s claim that the Shark HyperAIR hair dryer is the industry’s “first and only high velocity hair dryer and styling system.”
1/12/2022 - National Advertising Review Board Recommends that Perrigo Discontinue “#1 Brand of Flossers” Claims for its Plackers Brand Dental Floss Products
New York, NY – January 12, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Perrigo Company, PLC discontinue the claim that its oral care business’ Plackers floss product is the “#1 Brand of Flossers.” The advertising at issue had been challenged by the Procter & Gamble Company (P&G) before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7065), Perrigo appealed NAD’s recommendations.
1/05/2022 - National Advertising Review Board Upholds Qualified Clinically Proven Claim for SlimFast Plan; Recommends “Clinically Proven” Product Claims Be Discontinued
New York, NY – January 5, 2022 – A panel of the National Advertising Review Board (NARB) has concluded that KSF Acquisition Corp. (SlimFast) has proper substantiation for a qualified claim that the SlimFast Plan is clinically proven but found that SlimFast’s product-related “clinically proven” claims are unsubstantiated. The NARB panel declined to adopt the recommendation of the National Advertising Division (NAD) that the advertiser qualify its “lose weight and keep it off” claim to disclose that long-term weight maintenance will likely include some weight regain. The advertising at issue had been challenged by Simply Good Foods (Atkins) before NAD. Following NAD’s decision (Case No. 6952), SlimFast appealed certain NAD findings and recommendations.
12/28/2021 - National Advertising Division Finds Chime’s “No Overdraft Fees” Claims Supported; Recommends Qualification of “No Hidden Fees” Claims
New York, NY – December 28, 2021 – The National Advertising Division (NAD) determined that Chime Financial, Inc.’s advertising for its “SpotMe” program disclosed the material information necessary to ensure that claims about its program are substantiated, that Chime’s “no overdraft fees” claims are supported, and that the Chime homepage adequately qualifies its “no fees” claim so that consumers understand that out-of-network ATM fees are not among the hidden fees it eliminates. However, NAD recommended that Chime qualify claims on its “No Hidden Fees” webpage and television advertising to make clear that the eliminated fees do not include out-of-network ATM fees.
12/22/2021 - National Advertising Division Refers Advertising for PLx Pharma’s Vazalore to FTC After Compliance ReviewNew York, NY – December 22, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by PLx Pharma, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action after the company declined to accept NAD’s recommendations to modify certain claims for its Vazalore immediate-release aspirin product.
12/21/2021 - National Advertising Division Recommends Cryo-Cell Discontinue or Modify Certain Health-Related Claims for Cord Blood Banking and Treatment Services
New York, NY – December 21, 2021 – The National Advertising Division (NAD) recommended that Cryo-Cell discontinue the unsupported message that families must engage the advertiser’s cord blood storage services to ensure access to the advertised cord blood infusion treatments, or modify its advertising to avoid conveying the message that consumers have exclusive or superior access to advertised cord blood infusion treatments by virtue of choosing Cryo-Cell for storage services. The advertising at issue was challenged by ViaCord, LLC, a provider of competing cord blood banking services.
12/21/2021 - National Advertising Review Board Recommends that Mint Mobile Discontinue or Modify “UNLIMITED” and “UNLTD” Claims for its High-Speed Data Plan
New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly communicate that its plan does not offer unlimited high-speed data. The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process.
12/14/2021 - National Advertising Division Recommends Comcast Discontinue “Unlimited 5G” and “Best Price” Claims for Xfinity 5G Mobile Plans
New York, NY – December 14, 2021 – The National Advertising Division (NAD) recommended that Comcast Cable Communications, LLC discontinue certain “Unlimited 5G” and “best price” claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.
12/09/2021 - In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed
New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency of disclosures in video advertising by PLx Pharma Inc. for its Vazalore aspirin product; NAOOA challenged comparative claims about other olive oils sold in the US, made by olive oil manufacturer Brightland; and P&G challenged “#1 Brand” claims made by Perrigo in print and online advertising for its Plackers brand dental floss products.