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.

 

For the full text of NAD, NARB, and CARU decisions, subscribe to the Online Archive. Other case decisions are available publicly: DSSRC and DAAP. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
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  • 11/18/2021 - NAD Finds AT&T’s “Faster Internet Experience” Claim Supported in Large File Upload and Self-Comparative Contexts; Advertiser Appeals Other Findings

    New York, NY – November 18, 2021 – The National Advertising Division (NAD) determined that the AT&T Services, Inc. claim to have a “faster internet experience” than cable with respect to large file uploads was supported in the context in which it was presented, as well as the claim that AT&T Internet delivers “consistent speed, even at peak times.” However, NAD recommended that AT&T discontinue or modify other challenged comparative performance, pricing, and bandwidth claims. The claims, which appeared on television, radio, the advertiser’s webpage, and on an outdoor ad, were challenged by Charter Communications, Inc. 

  • 11/17/2021 - Air Methods Appeals National Advertising Division Decision That it Modify or Discontinue Certain Advertising Claims for Air Ambulance Transport

    New York, NY – November 17, 2021 – The National Advertising Division (NAD) recommended that Air Methods modify or discontinue certain advertising claims for its Air Ambulance Transport. Air Methods will appeal that decision. The claims at issue were challenged by Global Medical Response, Inc. (GMR) and Air Evac EMS, Inc., a competitor in the emergency air medical transport services industry. Many of the challenged advertising claims relate to membership programs and fees associated with the air medical transport of patients. Notably, the challenger offers a subscription membership program, but Air Methods does not. 

  • 11/16/2021 - National Advertising Division Finds Certain Environmental Benefit Claims for Everlane ReNew Clothing Supported; Recommends Modification of Others

    New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that Everlane, Inc. provided a reasonable basis for certain environmental benefit claims for its ReNew line of clothing. However, NAD recommended that certain other claims should be modified. The claims, which appeared on the advertiser’s website related to its ReNew line of clothing, were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising. 

  • 11/16/2021 - National Advertising Division Finds The Coldest Water, LLC Takes Appropriate Measures to Disclose Material Connections in TikTok Influencer Advertising

    New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that appropriate efforts were made by The Coldest Water, LLC to ensure that its influencers’ material connections were disclosed in TikTok videos for its Coldest Water bottle. After being referred to the FTC in June 2021 for failure to participate in an NAD inquiry, The Coldest Water, LLC decided to engage with NAD’s self-regulatory process and made modifications to its advertising.

  • 11/10/2021 - In Two Fast-Track SWIFT Cases, NAD Recommends Advertiser Claims be Discontinued in One, and Advertiser Voluntarily Discontinues Claims in the Other

    New York, NY – November 10, 2021 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October. Stokely-Van Camp challenged BA Sports Nutrition’s social media posts about the comparative taste of its BodyArmor flavored sports drinks vs. Gatorade’s. The Procter & Gamble Company challenged Art of Sport Group, Inc.’s superiority and disparagement claims in its Instagram videos featuring Old Spice and Art of Sport deodorant canisters “competing” in hurdle and vault competitions. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.

  • 11/10/2021 - S.C. Johnson Appeals NAD Recommendations to Modify Superior Strength, Unbeatable Freshness and Unbeatable Protection Claims for Ziploc Storage Bags

    New York, NY – November 10, 2021 – S.C. Johnson & Son, Inc. will appeal a BBB National Programs National Advertising Division (NAD) decision that the company modify certain claims for its Ziploc storage bags to make clear the relevant conditions under which consumers would experience the claimed benefits. The claims at issue, which appeared in two commercials on Amazon.com, on Ziploc’s product packaging, on free-standing inserts, and on Ziploc’s website, were challenged by Reynolds Consumer Products, LLC, the manufacturer of Hefty storage bags. 

  • 10/26/2021 - 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, feature well-known celebrities, Gwen Stefani and Tom Brady, engaging in video conversations on their cell phones.  

  • 10/20/2021 - 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 advertiser’s website. However, NAD recommended that T-Mobile discontinue the claim that it has the “fastest” 5G network, or qualify the claim to indicate that T-Mobile’s 5G network has the fastest average overall, combined 5G network speeds. NAD also concluded that the Advertiser’s claim “T-Mobile is the leader in 5G coverage and speed” should be modified to limit the claim to its advantages in coverage and average, overall combined 5G speeds.

  • 10/19/2021 - National Advertising Division Finds Certain Verizon 5G Claims Supported; Recommends Modification or Discontinuation of Others

    New York, NY – October 19, 2021 – In the first National Advertising Division (NAD) Complex Track case, NAD determined that certain comparative performance claims for Verizon Wireless, Inc.’s 5G wireless service are supported or are non-actionable puffery. However, NAD recommended other challenged claims be modified or discontinued, including those that overstate the benefits of 5G Ultra Wideband (5G UWB) or obscure the differences between Verizon’s wireless offerings and among its service plans.

  • 10/05/2021 - ChromaDex, Inc. Discontinues Advertising Claims for Tru Niagen Dietary Supplement Following National Advertising Division Challenge

    New York, NY – October 5, 2021 – Following a National Advertising Division (NAD) challenge, brought as part of NAD’s routine monitoring of national advertising for truth and transparency, the advertiser ChromaDex, Inc. permanently discontinued advertising claims regarding the performance benefits of its Tru Niagen dietary supplement. The challenged claims included the express claim “increases energy,” as well as a recent testimonial by former NFL star, Shannon Sharpe, a member of the Pro Football Hall of Fame.