National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to step into the shoes of the consumer and break down all the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.
4/06/2021 - NAD Recommends Certain Modifications to Comparative Advertising for Jetty Insurance Agency’s “Admitted” Surety Bond Product
New York, NY – April 6, 2021 – The National Advertising Division (NAD) recommended that Jetty Insurance Agency, LLC modify its comparative advertising claims to clearly disclose the distinctions between its “admitted” surety bond product and LeaseLock, Inc.’s surplus-line lease insurance product. NAD further recommended that Jetty modify its advertising to avoid conveying unsupported messages regarding the damage coverage limits of the parties’ respective products. The claims at issue, which appeared in digital materials, email, sales presentations, sales sheets, and other advertising for the Jetty Security Deposit Alternative Plan were challenged by LeaseLock, Inc.
3/31/2021 - NARB Recommends doTERRA Discontinue Certain Health Benefit and “Therapeutic Grade” Essential Oil Claims
New York, NY – March 31, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that doTERRA International, LLC discontinue a “Certified Pure Therapeutic Grade” claim as well as any use of the term “therapeutic grade” to describe doTERRA’s products. The NARB panel recommendation extends to claims that distinguish doTERRA’s essential oils as qualitatively different or more efficacious than those not considered “therapeutic grade.” NARB has also recommended doTERRA discontinue express and implied aromatherapy claims that promote health and wellness benefits from essential oils and doTERRA essential oil products. The advertising at issue had been challenged by S.C. Johnson & Son, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6420), doTERRA appealed NAD’s recommendation to discontinue some of the claims under review.
3/30/2021 - National Advertising Division Recommends Diamond Foundry More Clearly Disclose Origin of its Laboratory-Grown Diamonds
New York, NY – March 30, 2021 – The National Advertising Division (NAD) recommended that Diamond Foundry, Inc. modify its advertising by clearly and conspicuously disclosing the origin of Diamond Foundry’s laboratory-grown diamonds (LGDs), and discontinue the use of certain terms that could create confusion about the origin of these LGDs, modify certain website claims to more prominently disclose the man-made origin of its diamonds, and discontinue or modify certain social media claims that its LGDs are “real” diamonds. The claims at issue were challenged by the Natural Diamond Council, an association of the world’s leading diamond companies who represent approximately 75 percent of the world’s rough diamond production.
3/25/2021 - National Advertising Division Finds Savings Claims for Xfinity Mobile Supported with Modified Disclosures and Recommends Comcast Modify Other Claims
New York, NY – March 25, 2021 – The National Advertising Division (NAD) determined that Comcast Cable Communications provided a reasonable basis for a qualified claim that by switching to Xfinity Mobile wireless customers can “save hundreds” and “up to $400 a year” on their wireless bill. NAD recommended, however, that Comcast disclose the basis of the claim to avoid overstating the comparative benefits. In addition, NAD recommended that Comcast modify certain savings claims that failed to adequately disclose the material differences in the plans compared. NAD also concluded that Comcast’s use of a fully-shaded map of the contiguous United States, in conjunction with its 5G claims, conveys a supported message. However, NAD recommended Comcast modify its marketing email to disclose clearly and conspicuously that 5G is “only available in parts of select cities.” Further, NAD recommended that Comcast modify its advertising to make clear the basis for its “#1 customer satisfaction” claim (a recent American Customer Satisfaction Index survey report) and avoid conveying that this claim is based on or connected to its 5G offering.
3/24/2021 - National Advertising Division Finds “Best-In-Class” Claims for 2021 Ford Bronco Supported and Recommends Ford Discontinue or Modify Other Claims
New York, NY – March 24, 2021 – The National Advertising Division (NAD) determined that Ford Motor Company provided a reasonable basis for certain “best-in-class” and historical claims, as well as for identifying the 2021 Ford Bronco in its advertising as part of the “medium traditional utilities” class. The claims at issue, which appeared in digital advertising, on Ford’s website, in press releases and a media kit, and in print advertising, were challenged by FCA US LLC, maker of Jeep brand vehicles.
3/23/2021 - Certain Advertising Claims for FertilitySmart Conceive for Women Dietary Supplement Permanently Discontinued Following NAD Challenge
New York, NY – March 23, 2021 – FertilitySmart informed the National Advertising Division (NAD) that it has permanently discontinued all of the advertising claims for the company’s FertilitySmart Conceive for Women dietary supplement that were challenged by the Council for Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying couples’ experiences with infertility and describing how the FertilitySmart product regulated ovulation and helped with conception even after failure with Clomid, IUI, IVF, and other medical interventions.
3/18/2021 - In Challenge by AT&T, NAD Finds Certain Xfinity 5G Service Limited Availability Disclosures Sufficient and Recommends Comcast Modify Others
New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that certain website disclosures used in connection with claims for Comcast Cable Communication, Inc.’s Xfinity 5G wireless service clearly and conspicuously disclosed the limited availability of the 5G service at the time. However, NAD recommended that the advertiser modify a challenged Amy Poehler commercial, as well as two other related 5G claims, with more conspicuous disclosures. The claims at issue were challenged by AT&T Services, Inc.
3/18/2021 - NAD Finds Boost Mobile’s “Talk and Text” Claim Supported; Recommends Certain “Unlimited” Claims for 4G LTE Data Plans Be Discontinued; Advertiser to Appeal
New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that Boost Mobile supported the “Talk & Text” portion of the claim “Unlimited Data, Talk & Text” for its 4G LTE data plans. The advertising industry watchdog recommended, however, that Boost discontinue the claims “Unlimited SD Streaming,” “Unlimited HD Streaming,” and “Unlimited Data,” because these were not substantiated and could not be cured by a disclosure. Boost will appeal NAD's recommendation regarding its “Unlimited Data” claim. AT&T Services, Inc. challenged Boost’s claims on the basis that the 4G LTE data plans are throttled to 2G speeds after the consumer hits the monthly data cap.
3/17/2021 - NAD Recommends Goli Nutrition Modify Energy Production Claims for Apple Cider Vinegar Gummies, and Discontinue Skin Health Claims
New York, NY – March 17, 2021 – The National Advertising Division recommended that Goli Nutrition Inc. modify its Apple Cider Vinegar (ACV) Gummies “Vitamin B12 to help support energy production” claim to make it clear that Goli is referring to cellular energy and to avoid conveying the impression that consumers taking its ACV Gummies will feel a noticeable increase in energy or become more energetic. NAD also recommended that Goli discontinue certain skin health claims. These claims were challenged by Pharmavite LLC, a competing manufacturer of Nature Made brand dietary supplements.
3/17/2021 - Three NAD Fast-Track SWIFT Cases Resolved; One Claim Supported, One Recommendation to Discontinue Claim, One Claim Voluntarily Discontinued
New York, NY – March 17, 2021 – The National Advertising Division (NAD) of BBB National Programs announced the resolution of three new Fast-Track SWIFT cases: T-Mobile challenged Verizon’s depiction of a 5G coverage map, Prose challenged Function’s “over 110,000 5-star product reviews” claim, and Lidl challenged certain Aldi comparative pricing claims. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases.
3/16/2021 - NAD Finds SmileDirectClub “60% Less Than Braces” Claim Supported with Modifications; Recommends “60% Less Than Other Brands” Claim be Discontinued
New York, NY – March 16, 2021 – The National Advertising Division (NAD) determined that SmileDirectClub, LLC provided a reasonable basis for the claim that their treatment system costs “60% less than braces,” but recommended SmileDirectClub modify the claim to ensure that consumers are provided with all material information relevant to its price comparison, and NAD also recommended that SmileDirectClub discontinue the claim “60% less than other brands." The claims at issue, which appeared in online advertising, were challenged by Align Technology, Inc., maker of Invisalign clear aligners.
3/16/2021 - Claims that a 5.3 Ounce Yogurt Cup of Chobani Complete Contains Up to 25 Grams of Protein are Permanently Discontinued Following NAD Challenge
New York, NY – March 16, 2021 – Chobani LLC informed the National Advertising Division (NAD) of BBB National Programs that it will permanently discontinue challenged express claims that its Chobani Complete 5.3-ounce yogurt cup contains 25 grams of protein. The advertiser’s claims, which appeared in video advertisements, were challenged by Danone North America, a competing manufacturer of yogurt products
3/11/2021 - NAD Determined ACT’s Website Content On COVID-19 Test Center Cancellations is Accurate but Recommends Some Modifications to Advertising
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that ACT’s website makes clear the material limitations on ACT college entrance standardized testing regarding the likelihood of cancellations due to the COVID-19 pandemic and provides truthful and accurate information to test takers about cancelled and rescheduled tests. However, NAD recommended that ACT modify its advertising to disclose information clearly and conspicuously about test center availability and its process for reconfirming availability based on the status of the pandemic. The claims at issue, which appeared on ACT’s website and in social media and internet advertising, were challenged as part of NAD’s routine monitoring program.
3/11/2021 - NAD Finds Certain Claims for Optic White Renewal Toothpaste Supported; Colgate to Appeal Recommendation to Discontinue Quantified Stain Removal Claim
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that Colgate-Palmolive Company supported advertising claims that its Optic White Renewal Toothpaste has “unprecedented whitening power,” “contains 3% hydrogen peroxide,” and has “the most hydrogen peroxide in a whitening toothpaste.” However, NAD recommended that Colgate discontinue the claim that its product “removes 10 years of yellow stains.” Colgate will appeal that recommendation. The claims at issue, which appeared on websites, television advertising, and product packaging, were challenged by the Procter and Gamble Company (P&G), a competing manufacturer of toothpaste.
3/10/2021 - NAD Finds Salonpas Duration Claim Supported; Recommends Hisamitsu America Discontinue Comparative Pain Relief, Onset of Action, Range of Motion Claims
New York, NY – March 10, 2021 – The National Advertising Division (NAD) determined that Hisamitsu America, Inc. supported its duration claims that Salonpas Pain Relief Patch Large “works for up to 12 hours” and “provides relief for up to 12 hours.” NAD also determined that Hisamitsu provided a reasonable basis for the challenged claims comparing the Salonpas patch’s regulatory pathway to competitor products. However, NAD has recommended that Hisamitsu discontinue certain parity and product performance claims.
3/03/2021 - NAD Finds Health-Related Claims for Pendulum Glucose Control Medical Probiotic Supported but Recommends Some ModificationsNew York, NY – March 3, 2021 – The National Advertising Division (NAD) determined that certain claims for Pendulum Glucose Control, manufactured by Pendulum Therapeutics, Inc. to help Type 2 diabetes dietary management, were supported by competent and reliable scientific evidence. However, NAD recommended that certain modifications were necessary so that the claims more accurately reflect the limitations in the evidence. The claims at issue were challenged as part of NAD’s routine monitoring program. During the pendency of the case, the advertiser voluntarily modified many of the challenged claims permanently, therefore, NAD did not review these claims on the merits.
3/02/2021 - NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform
New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home.
2/23/2021 - NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available
New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.
2/02/2021 - NAD Recommends Nanoceutical Solutions Discontinue Certain Claims for Nano Glutathione Liquid Dietary Supplement and Modify Instagram Ad
The National Advertising Division (NAD) recommended that Nanoceutical Solutions discontinue efficacy and establishment claims for its Nano Glutathione liquid dietary supplement due to a failure to provide sufficient evidence for the claims. The claims at issue were challenged by the Council for Responsible Nutrition (CRN). NAD also recommended that Nanoceutical Solutions modify a “Conditions Associated with LOW Glutathione” Instagram advertisement to avoid conveying the misleading message that supplementation with Nano Glutathione can prevent or reduce the risk of the listed health conditions.
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.”