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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7/13/2022 - National Advertising Division Recommends Sanofi Discontinue “#1 Doctor Recommended” Claims for Zantac 360; Sanofi to Appeal
New York, NY – July 13, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Sanofi Consumer Healthcare discontinue “#1 doctor recommended” claims for its Zantac 360 heartburn medicine. Sanofi will appeal NAD’s decision. The claims, which appeared on Sanofi’s social media pages, the websites of third-party retailers, and in a television commercial, were challenged by Johnson & Johnson Consumer, Inc., manufacturer of competing Pepcid products.
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7/07/2022 - National Advertising Division Recommends SharkNinja Modify or Discontinue Various Comparative Superiority Claims for Shark HyperAir Hair Dryer
New York, NY – July 7, 2022 – The National Advertising Division (NAD) recommended that SharkNinja modify or discontinue various challenged express and implied claims made in a 30-minute infomercial where its Shark HyperAir hair dryer is compared in various ways to the Dyson Supersonic and traditional hair dryers.
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6/29/2022 - National Advertising Division Recommends Dakota Nutrition Discontinue Claims that Dietary Supplements Contain Elderberry
New York, NY – June 29, 2022 – The National Advertising Division (NAD) recommended that Dakota Nutrition, Inc. discontinue challenged express and implied claims that its dietary supplements contain the ingredient elderberry. This recommendation applies to marketing claims for three products: Extra Strength Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules.
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6/28/2022 - In Two Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Discontinued in One, Modification of Disclosures in Other
New York, NY – June 28, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in May 2022. In these cases, AT&T Services, Inc. challenged Charter Communications, Inc.’s (Spectrum) claim that AT&T’s internet service provides unreliable and glitchy internet connectivity to a consumer-noticeable degree for the activities depicted in the commercial, and T-Mobile Puerto Rico, LLC challenged disclosures made by Liberty Mobile Puerto Rico Inc. in connection with certain wireless network performance claims.
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6/23/2022 - National Advertising Division Finds Challenged DuckDuckGo Privacy Claims Supported; Recommends Clarifications for Use of App
New York, NY – June 23, 2022 – The National Advertising Division (NAD) determined that DuckDuckGo provided a reasonable basis for certain claims related to its Privacy Browser mobile app and Privacy Essentials desktop extension. However, NAD recommended that to ensure consumers understand the scope of DuckDuckGo’s privacy protections, DuckDuckGo should modify the challenged advertising to make clear that this protection does not extend to the use of search engines and apps outside of the DuckDuckGo solution.
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6/22/2022 - National Advertising Division Finds Brave, Inc. Claim that it Does Not Share Data with Third Parties Supported; Recommends Two Other Claims be Discontinued
New York, NY – June 22, 2022 – The National Advertising Division (NAD) determined that Brave, Inc. supported the implied claim that its Brave web browser does not share personal data with third parties. However, NAD recommended that the advertiser discontinue two other claims. Brave is an open-source privacy company that offers Shields, a web browser feature that, according to the advertiser, protects a user’s privacy by blocking network requests for third-party advertising and tracking.
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6/09/2022 - National Advertising Division Recommends P&G Discontinue Odor Elimination Claims for Febreze Products; P&G to Appeal
New York, NY – June 9, 2022 – The National Advertising Division (NAD) recommended that The Procter & Gamble Company (P&G) discontinue certain “odor elimination” claims that P&G makes across the Febreze line of home fragrance products, which include the Febreze Air, Light, Fabric, Plug, Small Spaces, Candles, Wax Melts, Car, and Unstopable products. P&G will appeal NAD’s decision.
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6/07/2022 - National Advertising Division Finds Glee Gum’s “Plastic-Free” Claim Supported; Recommends “Made with Chicle,” Unqualified “Natural” Claims be Discontinued
New York, NY – June 7, 2022 – The National Advertising Division (NAD) determined that Mazee, LLC provided a reasonable basis for claims that its Glee Gum is “plastic-free.” However, NAD recommended that the advertiser discontinue claims that the gum base of Glee Gum is “made with chicle,” unqualified natural claims (“natural”, “all-natural,” “100% natural”), as well as its “plant-based” claims, and unqualified “eco-friendly” claims. During the proceeding, the advertiser permanently discontinued and modified several challenged claims. NAD did not review the discontinued claims or pre-modification claims on the merits.
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6/01/2022 - NAD Finds “Whole Home and Building Purification” Claims for RGF Air Purification Devices Supported; Recommends Certain Other Claims be Discontinued
New York, NY – June 1, 2022 – The National Advertising Division (NAD) determined that RGF Environmental Group, Inc., manufacturer of RGF Air Purification Devices, can make certain general efficacy claims, including that the REME HALO air purifier “provides whole home and building purification.” However, NAD recommended that the advertiser discontinue claims relating to the safety of the emissions generated by the RGF devices, certain quantity-related claims, and others.
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5/31/2022 - National Advertising Division Recommends i-Health Discontinue Health-Related Claims for Culturelle IBS Complete Support
New York, NY – May 31, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that i-Health, Inc. (DSM North America) discontinue health-related claims for its Culturelle IBS Complete Support. The claims, which appeared on product packaging, the advertiser’s website, and in third-party online advertising, were challenged by The Procter & Gamble Company (P&G), a competing manufacturer of products aimed at gut health, including those containing probiotics and prebiotics.