BBB National Programs Decisions

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  • 12/02/2020 - NAD Recommends Chobani Modify “45% Less Sugar Than Other Yogurts” Claim to Avoid Implying that “Other Yogurts” Includes Non-Nutritively Sweetened Products

    New York, NY – December 2, 2020 – The National Advertising Division (NAD) recommended that Chobani LLC modify its “45% less sugar than other yogurts” claim for its Chobani Less Sugar Greek Yogurt to clearly communicate the basis of comparison and avoid implying that “other yogurts” include yogurt products that use non-nutritive sweeteners. The claims at issue were challenged by Danone US, LLC, manufacturer of competing yogurt products.
  • 12/01/2020 - Privacy Watchdog Brings Healthcare Company into Compliance with Ad Privacy Best Practices

    McLean, VA – December 1, 2020 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), today released the result of a new data privacy case for the healthcare and medical devices company Abbott, who worked with DAAP to bring more than 60 of its websites into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. 
  • 11/24/2020 - NARB Recommends that Young Living Essential Oils Discontinue “Therapeutic Grade” and Health and Wellness Benefit Claims

    New York, NY – November 24, 2020 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Young Living Essential Oils, LC (Young Living) discontinue “therapeutic grade” claims for its “essential oils,” as well as unsupported health and wellness benefit claims. The advertising at issue, as well as other claims, had been challenged by S.C. Johnson & Son, Inc. (SCJ) before the National Advertising Division (NAD) of BBB National Programs. Following NAD’s decision (Case No. 6385), Young Living appealed all aspects of NAD’s findings adverse to it.
  • 11/23/2020 - Two Fast-Track SWIFT Cases Close in October, One Voluntary Discontinuation of Claim and One Administrative Closure

    New York, NY – November 23, 2020 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October, one a challenge brought by DISH Network Wireless against T-Mobile, and the other challenge brought by one maker of personal care products versus another, which was closed by consent of the parties.
  • 11/19/2020 - NAD Finds AT&T’s “Best Possible” Blog Post Claims Supported

    New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services. 

  • 11/18/2020 - NARB Recommends P&G Discontinue Claim that Tide purclean has “4x Cleaning Power”

    New York, NY – November 18, 2020 – NARB has recommended that P&G discontinue the claim that Tide purclean has “4x Cleaning Power of [comparator product].” The advertising at issue was challenged by Seventh Generation Company before NAD. Following NAD’s decision, P&G appealed NAD’s recommendation.
  • 11/18/2020 - DSSRC Refers Health-Related Product and Earnings Claims for Flavon USA to FTC

    McLean, VA – November 18, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs today referred certain marketing claims made by Flavon USA, LLC (Flavon) to the Federal Trade Commission (FTC) for possible enforcement action after Flavon failed to participate in the self-regulatory process and provide substantiation for the claims. At issue in DSSRC’s inquiry earnings and health-related product claims implying that Flavon’s products, dietary vegetable, and fruit concentrate dietary supplements, can treat and prevent a number of health-related conditions.

  • 11/05/2020 - Direct Selling Self-Regulatory Council Refers Business Opportunity Claims for Fortress Network, LLC to the FTC

    New York, NY – November 5, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) has referred certain marketing claims made by Fortress Network, LLC to the FTC for possible enforcement action after Fortress failed to participate in the self-regulatory process. At issue in DSSRC’s inquiry were income and business opportunity representations made by the peer-to-peer marketing platform concerning the amount of money that Fortress salesforce members could reasonably expect to earn from related business opportunities. 

  • 11/05/2020 - NAD Finds Certain T-Mobile Post-Merger 5G Network Claims Supported; Recommends Modification of Other Benefit Claims

    New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.

  • 11/04/2020 - DSSRC Recommends Direct Selling Company LurraLife Discontinue Certain Earnings and Health-Related Product Claims

    McLean, VA – November 4, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) challenged certain unsubstantiated earnings and health-related/wellness benefit product claims made by LurraLife, a multi-level direct selling company. In response to DSSRC’s request for substantiation of the challenged claims, LurraLife removed the videos and ads in question and requested the same action be taken by its corporate brand partners. The claims were challenged as a result of the DSSRC’s routine monitoring program.