BBB National Programs Decision Summaries

New York, NY – August 4, 2022 – The National Advertising Division (NAD) recommended that SmileDirectClub discontinue claims that its Fast-Dissolving Whitening Strips get teeth “2X whiter than Crest Classic White Whitestrips” and whiten teeth “2X faster than Crest Classic White Whitestrips.” These claims were challenged by Procter & Gamble Company, maker of a variety of Crest Whitestrips products.

New York, NY – August 3, 2022 – The National Advertising Division (NAD) determined that certain claims made by WaterWipes regarding the type and purity of ingredients used in its infant cleansing wipes were supported in context. However, NAD found that other claims that expressly or impliedly convey that competing baby wipes with more ingredients are harmful or can “cause or exacerbate diaper rash” were unsupported and recommended that they be discontinued.

New York, NY – July 21, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that SmileDirectClub, LLC's claim that its treatment costs "60% less than Invisalign," without further qualification, was overly broad.

New York, NY – July 14, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Twilio Inc. provided a reasonable basis for claims that its customer data platform is the “#1 CDP,” provided it makes clear that the basis for such claim is 2020 market share, as measured by the International Data Corporation (IDC). Accordingly, NAD recommended that the advertiser make certain modifications to the claim as it appears in Google search results, press releases, a Twilio billboard, and on Twilio’s website. 

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.

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. 

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. 

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.

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.