BBB National Programs Decisions

McLean, VA – June 10, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several health-related product performance claims made on the company website and on social media by Aihu, Inc, a direct selling company that sells biodegradable, organic essential oil skincare products, and its salesforce members. The inquiry commenced through DSSRC’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry. DSSRC was concerned that the representative claims communicated that Aihu’s products could protect against serious health-related conditions. 

New York, NY – June 8, 2021 – The National Advertising Division (NAD) determined that The Procter & Gamble Company (P&G) provided a reasonable basis for claims that its Crest Whitening Emulsions provide “better” or “100% whiter” results and that it “whitens better” than P&G’s own ARC Pen, but recommended that P&G modify its advertising to clearly and conspicuously disclose that the object of its comparative claims is the ARC Pen. NAD also found that P&G provided a reasonable basis for its “virtually no sensitivity” claim. NAD recommended that P&G modify the claims “faster” and “5x active peroxide droplets suspended in a hydrating base to whiten teeth,” discontinue or modify the claim “stops stains before they set in,” and discontinue certain other claims.

New York, NY – May 27, 2021 – The Children’s Advertising Review Unit (CARU) recommended that IMC Toys USA Inc. modify its television advertisement promoting the Cry Babies Magic Tears Tutti Frutti doll to include a clear and conspicuous disclosure that children should not consume the jell-like substance produced by the doll. CARU also recommended that future advertisements not refer to the tears as jelly. IMC Toys has informed CARU that the ad is no longer running and that it will not run in the current format again. 

New York, NY – May 25, 2021 – T-Mobile USA, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued challenged claims made in connection with its TVision Live service, including that TVision Live is half the price of cable and allows customers to watch “only what you want.” During the proceeding, the advertiser informed NAD that the TVision Live service has been discontinued and, as a result, the challenged claims were also permanently discontinued.

New York, NY – May 19, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Quicken Loans to the Federal Trade Commission (FTC) for review. Through its routine monitoring program, NAD challenged “No Registration, No Login” claims made by Quicken Loans in connection with encouraging consumers to refinance their mortgage and learn more about its low refinancing rates. The advertiser did not respond to NAD’s request to provide substantiation for its claims.

New York, NY – April 27, 2021 – The National Advertising Division (NAD) determined that evidence offered by Charter Communications to support its claim that Spectrum Mobile delivers the “fastest overall speeds” nationwide was not a good fit. In recommending that the claim be discontinued, NAD found that Charter is not delivering an “overall fastest” (aggregated) speed to the consumer. It is only when the consumer is in certain geographic markets or connected to Spectrum WiFi (at home or via hotspot) that the consumer gains a speed advantage over competing providers. Charter will appeal NAD’s recommendation. The claim that Spectrum Mobile offers “the fastest overall speeds,” which appeared in website advertisements, television, radio, as well as internet commercials, was challenged by AT&T Services.

New York, NY – April 22, 2021 – The National Advertising Division (NAD) recommended that the Natural Diamond Council discontinue certain advertising claims comparing mined diamonds with man-made diamonds, including the carbon emissions associated with diamond mining compared with diamond manufacturing, the scarcity of mined diamonds, the resale value of mined diamonds versus man-made diamonds, as well as claims that described mined diamonds as “real”, in contrast to man-made diamonds. The claims at issue, which appeared on the Natural Diamond Council’s website and in marketing assets that the advertiser makes available to retailers, were challenged by Diamond Foundry, Inc., a manufacturer of laboratory-grown diamonds (LGDs).