6/30/2021 - National Advertising Division Recommends AT&T Modify Certain Claims Comparing its Fiber-Optic Internet Services Upload Speed to Cable; Advertiser to Appeal
New York, NY – June 30, 2021 – The National Advertising Division (NAD) recommended that, in connection with comparative advertising for its fiber-optic internet service, AT&T Services modify the express claim that all cable upload speeds are slow and the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes. NAD further recommended that AT&T modify its “better internet” and “faster internet experience” claims to avoid conveying unsupported messages. AT&T will appeal NAD’s recommendation to modify these claims.
6/30/2021 - NAD Recommends Modification of “#1 Derm-Trusted Suncare” Claim for Neutrogena; JJCI Appeals Recommendation to Discontinue Other Claim
New York, NY – June 30, 2021 – The National Advertising Division (NAD) of BBB National Programs did not take issue with support provided for Johnson & Johnson Consumer, Inc.’s claim that its Neutrogena brand provides “#1 Derm-Trusted Suncare.” NAD, recommended, however, that JJCI modify its use of the claim in conjunction with the phrase “used most often for themselves and their own families” to avoid misleading consumer takeaways. NAD also recommended that the advertiser discontinue several "#1 Dermatologist Recommended" claims.
6/29/2021 - National Advertising Division Refers TikTok Influencer Advertising for Coldest Water Bottle to Federal Trade Commission for Further Review
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by The Coldest Water, LLC to the Federal Trade Commission (FTC) for review. Through its ad monitoring program, NAD inquired about numerous TikTok videos by influencers featuring the reusable, insulated Coldest Water bottle. The advertiser did not respond to NAD’s request to provide support for its claims.
6/29/2021 - National Advertising Division Recommends Life Renew Discontinue Certain Claims for its NerveRenew Dietary Supplement
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Neuropathy Treatment Group, d/b/a Life Renew, discontinue the following claims for its NerveRenew dietary supplement: “100% Stabilized R-Alpha Lipoic Acid (R-ALA) is our most important ingredient," “It contains the most powerful and clinically studied forms of B vitamins, Stabilized R Alpha Lipoic Acid, anti-oxidants and herbal extracts. All the ingredients have been included in clinical studies and provide a synergistic effect when taken together," and “3X Greater Bioavailability." The claims at issue were challenged by the Council for Responsible Nutrition (CRN).
6/24/2021 - National Advertising Division Recommends Audien, LLC Discontinue “Tinnitus Management” and Comparative Pricing Claims for its Rechargeable Hearing Aids
New York, NY – June 24, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Audien, LLC discontinue the following claims for its rechargeable hearing aid: “Rechargeable Hearing Aids for $89/pair*”, “Similar technology to $5000 hearing aids", and “Can be used for Tinnitus management.” These claims, which appeared in internet advertising, were challenged by NAD as part of the independent non-profit organization’s routine monitoring program.
6/15/2021 - National Advertising Division Recommends Charter Communications Discontinue or Modify Certain TV Commercial Claims for Spectrum Internet
New York, NY – June 15, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Charter Communications, Inc. discontinue or modify certain comparative speed claims for its Spectrum Internet service versus AT&T, which appeared in its “Welcome Back Party” and “Great Offers” television commercials. The claims at issue were challenged by AT&T Services, Inc. and included express and implied claims.
While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need for a properly disclosed advertising claim.
6/08/2021 - National Advertising Division Finds Certain Claims for Crest Whitening Emulsions Supported; Recommends Discontinuation or Modification of Others
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.
5/25/2021 - Claims Comparing TVision Live Service to Cable TV Discontinued Due to T-Mobile’s Termination of the Service During National Advertising Division Challenge
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.
5/19/2021 - National Advertising Division Refers Quicken Loans’ “No Registration, No Login” Claims to Federal Trade Commission for Further Review
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.
5/19/2021 - Lemonade, Inc. Voluntarily Discontinues Certain Pet Health Insurance Claims Following National Advertising Division Challenge
New York, NY – May 19, 2021 – Lemonade, Inc., a provider of pet health insurance, informed the National Advertising Division (NAD) that it has permanently discontinued challenged express claims regarding the speed at which consumers can expect veterinarian claims to be paid by Lemonade. The advertiser’s claims, which appeared in online advertising and social media, were challenged by Trupanion, Inc., which offers competing pet insurance policies. During the proceeding, the advertiser informed NAD that it had permanently discontinued the challenged express claims.
Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of the factors that form the flexible framework for advertising law today.
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).
4/21/2021 - With Great Power Comes Great Responsibility
In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an emphatic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory initiative. Tune in to hear them discuss the problems in the marketplace that led to the creation of each of their programs, how their programs work, and what they think the future of independent industry self-regulation will look like.
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.
National Advertising Division Recommends T-Mobile Discontinue Gwen Stefani and Tom Brady Super Bowl Commercials
New York, NY – October 26, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile USA, Inc. discontinue two television commercials for its 5G network that were challenged by competitor AT&T Services, Inc. The challenged commercials, which premiered during the 2021 Super Bowl,...
Direct Selling Self-Regulatory Council Recommends Lifebrook Discontinue Health-Related Product Performance and Earnings Claims
McLean, VA – October 26, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims disseminated by Lifebrook LLC and its salesforce members, be discontinued. Lifebrook is a direct selling company that sells juices, supplements, and other products...
National Advertising Division Finds T-Mobile’s “Largest” 5G Network and Other Claims Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – October 20, 2021 – The National Advertising Division (NAD) determined that T-Mobile USA, Inc.’s claim to have the “largest” 5G network is substantiated and that its “5G speeds as fast as Wi-Fi” claim was supported in the context in which it was presented on the...
National Advertising Review Board Recommends Johnson & Johnson Discontinue “#1 Dermatologist Recommended Skincare Brand” Claim for Neutrogena
New York, NY – October 20, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that Johnson & Johnson Consumer Inc. (JJCI) discontinue the claim that its Neutrogena brand is the “#1 Dermatologist Recommended Skincare Brand.”