BBB National Programs Decisions

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  • 1/13/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Gano Excel to FTC

    McLean, VA – January 13, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and income claims made by Gano Excel USA to the Federal Trade Commission (FTC) for possible enforcement action after Gano Excel failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that Gano Excel’s products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Gano Excel salesforce members have made egregious representations in social media posts about income that can be earned as a member of the Gano Excel salesforce. 

  • 1/12/2021 - NARB Refers Health-Related Claims for Theraworx Relief for Muscle and Joint Products to the FTC

    New York, NY – January 12, 2021 – A panel of the National Advertising Review Board (NARB) has referred advertising claims made by Avadim Health, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action. The referral comes after the company declined to comply with a NARB recommendation to discontinue unsupported health-related claims for Avadim’s Theraworx Relief Products. This challenge originally brought before the National Advertising Division (NAD) by Chattem, Inc., a Sanofi Company, involved claims for two related homeopathic external analgesic products.

  • 1/07/2021 - NAD Recommends Zarbee’s Inc. Qualify Use of the Term “Natural” in its Brand-Name for Some of its Dietary Supplement Products, and Modify Additional Claims

    New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.

  • 1/06/2021 - NAD Finds Certain Claims for PLx Pharma’s Vazalore Immediate-Release Aspirin Supported; Recommends Modification or Discontinuation of Others

    New York, NY – January 6, 2020 – The National Advertising Division (NAD) determined that PLx Pharma provided a reasonable basis for certain claims for its Vazalore immediate-release aspirin product, including that there is a “new delivery system for this lifesaving drug” and “we took a different approach.” However, NAD recommended that PLx Pharma discontinue and modify other claims. Once it becomes available for sale, Vazalore will be the only liquid-filled, immediate-release aspirin product that bypasses the stomach and is absorbed in the intestine. The claims at issue, which appeared in online advertising, were challenged by Bayer Healthcare LLC, maker of Bayer aspirin products and pertain solely to Vazalore’s use for secondary prevention.

  • 12/30/2020 - NAD Finds End-Of-Day Vision and Comfort Superiority Claims for PRECISION1 Daily Contact Lenses Supported; Recommends Modification of Other Claims

    New York, NY – December 30, 2020 – The National Advertising Division (NAD) determined that Alcon Vision LLC provided a reasonable basis for certain superiority advertising claims for its PRECISION1 daily contact lenses. However, NAD recommended that the advertiser modify claims that “Five times more contact lens wearers ‘strongly preferred’ PRECISION1 vs. 1-Day ACUVUE MOIST” to more accurately reflect the evidence in the record, and modify its advertising to avoid conveying the message that its in vitro wettability test results relate to the PRECISION1’s vision and comfort benefits. The claims at issue were challenged by Johnson & Johnson Vision Care, maker of competing daily contact lenses.

  • 12/23/2020 - NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR

    New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.

  • 12/22/2020 - NARB Recommends Verizon Discontinue or Modify Certain Superiority Claims for Verizon Fios; Finds Modified “Fastest Internet Available” Claim Substantiated

    New York, NY – December 22, 2020 – A panel of the National Advertising Review Board (NARB) recommended that Verizon Communications, Inc. qualify its “fastest internet available” claim by disclosing clearly and conspicuously the source of the data supporting the claim, discontinue claims that Fios provides superior streaming or buffering and that fiber is more weather resilient, modify claims that Fios supports more devices to explain which consumers would see a consumer relevant benefit, and discontinue unqualified claims (i) of superior reliability, (ii) that Fios provides superior performance, (iii) that fiber technology provides superior performance; and (iv) that fiber is better. The advertising at issue had been challenged by Charter Communications, Inc. before NAD.

  • 12/22/2020 - Ontel Voluntarily Discontinues Television Commercial for Portable UV-C Light Product Following NAD Inquiry into Implied COVID-19 Messages

    New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.

  • 12/21/2020 - NAD Finds Certain Claims for AARP’s Staying Sharp Supported; Recommends Discontinuation or Modification of Brain-Health Benefit Claims

    New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.

  • 12/21/2020 - NARB Recommends T-Mobile Discontinue or Modify Superior Reliability and Other 5G Claims; Finds No Implied Messages in Its Superior 5G Coverage Claims

    New York, NY – December 21, 2020 – A panel of the National Advertising Review Board (NARB), on an appeal from a decision of the National Advertising Division (NAD), has recommended that T-Mobile, U.S., Inc. discontinue or modify certain superior reliability and 5G claims. The panel also found that T-Mobile’s superior coverage claims did not imply overall superiority, rejecting NAD’s conclusion that such claims required the disclosure of material differences. The advertising at issue had been challenged by Verizon Communications Inc. The challenged claims were contained principally in a four-minute video, “Bill Nye Explains 5G,” available on a T-Mobile website.