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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12/09/2021 - In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed
New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency of disclosures in video advertising by PLx Pharma Inc. for its Vazalore aspirin product; NAOOA challenged comparative claims about other olive oils sold in the US, made by olive oil manufacturer Brightland; and P&G challenged “#1 Brand” claims made by Perrigo in print and online advertising for its Plackers brand dental floss products.
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12/01/2021 - National Advertising Division Finds Certain Bausch + Lomb Claims for INFUSE Contact Lenses Supported; Advertiser Appeals Other Findings
New York, NY – December 1, 2021 – The National Advertising Division (NAD) determined that Bausch Health provided a reasonable basis for certain INFUSE silicone hydrogel (SiHy) daily contact lens and lens property claims. However, NAD recommended other challenged claims be modified or discontinued. The claims, which appeared in an INFUSE contact lens brochure directed to Eye Care Professionals (ECPs), along with substantially similar claims appearing in a video and on a consumer-facing website, were challenged by Alcon Vision, LLC, manufacturer of competing DAILIES TOTAL1 (DT1) contact lenses. B+L will appeal NAD’s decision.
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11/30/2021 - National Advertising Division Recommends Byte Disclose Incentivized Reviews for Aligner Products
New York, NY – November 30, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Straight Smile, LLC (Byte) take reasonable measures to provide clear and conspicuous disclosures informing consumers that the review was incentivized for each incentivized review on its website and on BestCompany.com, and discontinue its advertising ranking on BestCompany.com or modify the advertising to ensure that consumers clearly understand that Best Company’s ranking is advertising for Byte and not an honest review from an independent third party. The claims were challenged by SmileDirectClub, LLC.
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11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue “America’s . . . Most Reliable 5G Network” and Other Claims
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue certain advertising claims for T-Mobile’s 5G network. T-Mobile will appeal NAD’s decision. The claims, which appeared in television, radio, and internet advertising, were challenged by Verizon Communications, Inc.
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11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue Claims that T-Mobile Has the Most Reliable 5G Network According to umlaut
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue all claims that it has the most reliable 5G network according to the third-party testing company, umlaut. T-Mobile will appeal NAD’s decision. The express and implied claims, which appeared in two television commercials and internet advertising, were challenged by AT&T Services, Inc.
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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.
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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.
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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.
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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.
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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.