BBB National Programs Decisions

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  • 4/28/2021 - Children’s Advertising Review Unit Determines Development Platform Unity Did Not Have Actual Knowledge of Ad SDK Data Collection in Child-Directed Apps

    McLean, VA – April 28, 2021 – The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, determined that Unity Technologies did not have actual knowledge, as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s Guidelines for Online Privacy Protection, that the company’s advertising software developer kit (Ads SDK) was collecting persistent identifiers from child-targeted apps Number Coloring and Cats and Cosplay. Initially brought to CARU’s attention through an investigation conducted by the International Digital Accountability Council (IDAC), Unity is a software platform that provides solutions to create, run, and monetize interactive real-time 2D and 3D content for mobile phones, tablets, PCs, consoles, and augmented and virtual reality devices.   

  • 4/27/2021 - National Advertising Division Recommends Charter Communications Discontinue Spectrum Mobile “Fastest Overall Speeds” Nationwide Claim; Advertiser to Appeal

    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.

  • 4/22/2021 - National Advertising Division Recommends Natural Diamond Council Discontinue Certain Advertising Claims on Benefits of Mined Versus Man-Made Diamonds

    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).

  • 4/20/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Bulavita to FTC

    McLean, VA – April 20, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Bulavita failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated on the company website and by salesforce members implying that Bulavita products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Bulavita salesforce members have made misleading representations in social media posts about income that can be earned as a member of the Bulavita salesforce. 

  • 4/15/2021 - NAD Finds Certain Zarbee’s Claims Clearly Identify Honey as The Source of the Cough Soothing Benefit in its Cough Products; Recommends Modification of Others

    New York, NY – April 15, 2021 – The National Advertising Division (NAD) determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD recommended modification of other claims to make clear that the cough soothing benefit is attributable to the honey and not the combination of main ingredients. The claims at issue, which appeared on product packaging, website advertising, third-party retailer websites, and on social media, were challenged by Maty’s Healthy Products, LLC.

  • 4/13/2021 - NuWave Voluntarily Modifies Certain OxyPure Air Purifier Claims Following National Advertising Division Inquiry into Implied COVID-19 Messages

    New York, NY – April 13, 2021 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, NuWave LLC modified claims on its website and in a YouTube video which conveyed implied messages that its OxyPure Air Purifier is effective against COVID-19. The challenged express claims for the OxyPure Air Purifier were identified through NAD's routine monitoring program.

    • 4/08/2021 - NAD Recommends J.G. Wentworth Company Modify its “Cash Now” Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment

      New York, NY – April 8, 2021 – The National Advertising Division (NAD) recommends that the J.G. Wentworth Company modify its advertising to disclose that its offer of “cash now,” in exchange for purchase of the customer’s structured settlement or annuity payment rights, is not immediate, but requires a process that takes, on average, seven weeks to complete. Further, NAD recommended that where there is an implied message that a customer’s receipt of the lump sum is immediate, the advertiser should modify its advertising to clearly and conspicuously disclose material information about the cash-delivery delay. 

    • 4/08/2021 - First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge

      New York, NY – April 8, 2021 – First Day Life, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued all of the advertising claims and testimonials for the company’s Daily Enrichment Multivitamin that were challenged by the Council of Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed NAD that it has permanently discontinued all the challenged claims and testimonials.

    • 4/07/2021 - National Advertising Division Finds Verizon’s “Fastest 5G in the World” Claim Supported for its 5G Ultra Wideband

      New York, NY – April 7, 2021 – The National Advertising Division (NAD) determined that Verizon Communications, Inc. provided a reasonable basis for the comparative performance claim that its 5G Ultra Wideband provides the “Fastest 5G in the World.” NAD concluded that Verizon’s evidence was a good fit for the claim, and that the challenged television commercial clearly and conspicuously discloses that Verizon’s 5G Ultra Wideband is “available only in parts of select cities.” The claim at issue was challenged by AT&T Services, Inc.

    • 4/07/2021 - BBB National Programs’ Privacy Watchdog Brings Public Safety App into Compliance with Ad Privacy Best Practices

      McLean, VA – April 7, 2021 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), released a new data privacy case decision for the public safety app MobilePatrol. Appriss, the publisher of MobilePatrol, worked with DAAP to bring its app into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for privacy and interest-based advertising. During its marketplace monitoring, DAAP discovered that third parties were collecting mobile device identifiers and location data through MobilePatrol, which has more than five million downloads in the Google Play Store.