BBB National Programs Decision Summaries
BBB National Programs provides summaries of all case decisions from the National Advertising Division (NAD), National Advertising Review Board (NARB), Children’s Advertising Review Unit (CARU), Direct Selling Self-Regulatory Council (DSSRC), and Digital Advertising Accountability Program (DAAP). Subscribe to receive a weekly wrap-up of published case decisions in your inbox.
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1/19/2023 - National Advertising Division Finds Novartis Breast Cancer Drug Claim Supported in Physician-Directed Messaging, But Not in Ads to Consumers
New York, NY – January 19, 2023 – The National Advertising Division (NAD) determined Novartis Pharmaceutical provided a reasonable basis for the claim that its Kisqali breast cancer treatment drug is “The only CDK4/6 inhibitor with statistically significant overall survival proven across 3 phase III trials” when directed to an audience of health care professionals (HCPs). However, NAD recommended that a substantially similar claim in consumer-facing advertising, along with several implied comparative superiority claims, be discontinued.
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1/12/2023 - National Advertising Division Recommends RhinoSystems Discontinue Limited Claims that Nasal Irrigation Systems Can Help Prevent Viral Illnesses
New York, NY – January 12, 2023 – The National Advertising Division (NAD) examined a number of challenged health-related claims by RhinoSystems, Inc. and found that the challenged packaging claims and many website claims did not convey virus prevention claims. However, NAD recommended that RhinoSystems discontinue certain other health-related claims that appeared in one television and two radio commercials or on the Naväge website.
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12/22/2022 - Charter Voluntarily Discontinues Certain Spectrum Mobile Comparative Claims Following AT&T’s National Advertising Division Challenge
New York, NY – December 22, 2022 – In a National Advertising Division (NAD) challenge brought by competitor AT&T Services, Inc., Charter Communications, Inc., d/b/a Spectrum, voluntarily discontinued certain comparative speed and reliability claims for its Spectrum Mobile services vs. AT&T Wireless.
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12/21/2022 - National Advertising Division Recommends Smile Prep Modify or Discontinue Claims and Disclosures on its Website; Smile Prep to Appeal
New York, NY – December 21, 2022 – While the National Advertising Division (NAD) of BBB National Programs has determined that Smile Prep provided a reasonable basis for certain claims, the advertising watchdog also recommended that Smile Prep modify or discontinue others. The claims were challenged by SmileDirectClub, a provider of clear aligner products and services.
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12/08/2022 - In Two Fast-Track SWIFT Cases, National Advertising Division Recommends Claim be Modified or Discontinued and Disclosures Voluntarily Modified
New York, NY – Dec. 8, 2022 – The National Advertising Division (NAD) closed two new Fast-Track SWIFT cases in December. In those cases Verizon Communications, Inc. challenged the claim that Comcast Cable Communications' Xfinity internet service is “up to 7x faster than Verizon 5G Home Internet,” and TINA.org challenged disclosures in promotional ads for SAT preparation courses offered by The Princeton Review.
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12/01/2022 - National Advertising Division Finds Blue Apron’s “Canceling Meals is Easy” Claim Supported
New York, NY – December 1, 2022 – In a National Advertising Division (NAD) challenge, brought as part of NAD’s routine monitoring of national advertising for truth and transparency, NAD has determined that Blue Apron LLC provided a reasonable basis for the claim that “Canceling Meals is Easy.”
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11/30/2022 - National Advertising Division Finds Certain Perrigo Infant Formula Cost Savings Claims Supported; Recommends Others be Modified or Discontinued
New York, NY – November 30, 2022 – The National Advertising Division (NAD) determined that Perrigo Company plc provided a reasonable basis for certain cost savings claims for its store brand hypoallergenic infant formula but recommended that other challenged claims be modified or discontinued.
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11/30/2022 - National Advertising Division Refers Comparative Advertising Claims made by Zscaler to Federal Trade Commission for Further Review
New York, NY – November 30, 2022 – The National Advertising Division (NAD) referred Zscaler to the Federal Trade Commission (FTC) after the company failed to respond substantively to a challenge into claims made for its Zero Trust Exchange Platform. NAD recommended that Zscaler discontinue claims about various privacy protection attributes and benefits of its Zero Trust Exchange platform versus the technical capabilities of Prisma Access, the platform of challenger Palo Alto Networks.
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11/22/2022 - National Advertising Division Finds Certain HEPA Claims for Shark Air Purifiers Supported; SharkNinja Appeals Recommendation to Modify or Discontinue Others
New York, NY – November 22, 2022 – In a challenge brought by Dyson, Inc., the National Advertising Division (NAD) determined that SharkNinja Operating LLC provided a reasonable basis for claims that its Shark Air Purifier 4 meets or even exceeds HEPA standards but recommended that Shark discontinue these same claims for its Air Purifier 6.
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11/22/2022 - NAD Finds Certain Environmental Benefit Claims for ABA’s “Every Bottle Back” Initiative Supported; ABA Appeals Recommendation to Modify Other Claims
New York, NY – November 22, 2022 – The National Advertising Division (NAD) determined that the American Beverage Association (ABA) provided a reasonable basis for certain environmental benefit claims related to its Every Bottle Back program, designed to encourage and increase beverage container recycling in the U.S.