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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7/13/2021 - In Two Fast-Track SWIFT Cases, One Voluntary Discontinuance of Claims, and One National Advertising Division Recommendation to Discontinue Claims
New York, NY – July 13, 2021 – The National Advertising Division (NAD) of BBB National Programs closed two new Fast-Track SWIFT cases in June. Function challenged PerSe Beauty’s “over 192,000 5-star product reviews” claim and Nestle Nutrition challenged Reckitt Benckiser’s exclusivity claims about the ingredients of the Enfamil brand’s Nutramigen line of infant formula products. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.
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6/30/2021 - National Advertising Division Recommends AT&T Modify Certain Claims Comparing its Fiber-Optic Internet Services Upload Speed to Cable; Advertiser to Appeal
New York, NY – June 30, 2021 – The National Advertising Division (NAD) recommended that, in connection with comparative advertising for its fiber-optic internet service, AT&T Services modify the express claim that all cable upload speeds are slow and the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes. NAD further recommended that AT&T modify its “better internet” and “faster internet experience” claims to avoid conveying unsupported messages. AT&T will appeal NAD’s recommendation to modify these claims.
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6/30/2021 - NAD Recommends Modification of “#1 Derm-Trusted Suncare” Claim for Neutrogena; JJCI Appeals Recommendation to Discontinue Other Claim
New York, NY – June 30, 2021 – The National Advertising Division (NAD) of BBB National Programs did not take issue with support provided for Johnson & Johnson Consumer, Inc.’s claim that its Neutrogena brand provides “#1 Derm-Trusted Suncare.” NAD, recommended, however, that JJCI modify its use of the claim in conjunction with the phrase “used most often for themselves and their own families” to avoid misleading consumer takeaways. NAD also recommended that the advertiser discontinue several "#1 Dermatologist Recommended" claims.
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6/29/2021 - National Advertising Division Refers TikTok Influencer Advertising for Coldest Water Bottle to Federal Trade Commission for Further Review
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by The Coldest Water, LLC to the Federal Trade Commission (FTC) for review. Through its ad monitoring program, NAD inquired about numerous TikTok videos by influencers featuring the reusable, insulated Coldest Water bottle. The advertiser did not respond to NAD’s request to provide support for its claims.
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6/29/2021 - National Advertising Division Recommends Life Renew Discontinue Certain Claims for its NerveRenew Dietary Supplement
New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Neuropathy Treatment Group, d/b/a Life Renew, discontinue the following claims for its NerveRenew dietary supplement: “100% Stabilized R-Alpha Lipoic Acid (R-ALA) is our most important ingredient," “It contains the most powerful and clinically studied forms of B vitamins, Stabilized R Alpha Lipoic Acid, anti-oxidants and herbal extracts. All the ingredients have been included in clinical studies and provide a synergistic effect when taken together," and “3X Greater Bioavailability." The claims at issue were challenged by the Council for Responsible Nutrition (CRN).
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6/24/2021 - National Advertising Division Recommends Audien, LLC Discontinue “Tinnitus Management” and Comparative Pricing Claims for its Rechargeable Hearing Aids
New York, NY – June 24, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Audien, LLC discontinue the following claims for its rechargeable hearing aid: “Rechargeable Hearing Aids for $89/pair*”, “Similar technology to $5000 hearing aids", and “Can be used for Tinnitus management.” These claims, which appeared in internet advertising, were challenged by NAD as part of the independent non-profit organization’s routine monitoring program.
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6/15/2021 - National Advertising Division Recommends Charter Communications Discontinue or Modify Certain TV Commercial Claims for Spectrum Internet
New York, NY – June 15, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Charter Communications, Inc. discontinue or modify certain comparative speed claims for its Spectrum Internet service versus AT&T, which appeared in its “Welcome Back Party” and “Great Offers” television commercials. The claims at issue were challenged by AT&T Services, Inc. and included express and implied claims.
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6/08/2021 - National Advertising Division Finds Certain Claims for Crest Whitening Emulsions Supported; Recommends Discontinuation or Modification of Others
New York, NY – June 8, 2021 – The National Advertising Division (NAD) determined that The Procter & Gamble Company (P&G) provided a reasonable basis for claims that its Crest Whitening Emulsions provide “better” or “100% whiter” results and that it “whitens better” than P&G’s own ARC Pen, but recommended that P&G modify its advertising to clearly and conspicuously disclose that the object of its comparative claims is the ARC Pen. NAD also found that P&G provided a reasonable basis for its “virtually no sensitivity” claim. NAD recommended that P&G modify the claims “faster” and “5x active peroxide droplets suspended in a hydrating base to whiten teeth,” discontinue or modify the claim “stops stains before they set in,” and discontinue certain other claims.
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5/25/2021 - Claims Comparing TVision Live Service to Cable TV Discontinued Due to T-Mobile’s Termination of the Service During National Advertising Division Challenge
New York, NY – May 25, 2021 – T-Mobile USA, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued challenged claims made in connection with its TVision Live service, including that TVision Live is half the price of cable and allows customers to watch “only what you want.” During the proceeding, the advertiser informed NAD that the TVision Live service has been discontinued and, as a result, the challenged claims were also permanently discontinued.
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5/19/2021 - National Advertising Division Refers Quicken Loans’ “No Registration, No Login” Claims to Federal Trade Commission for Further Review
New York, NY – May 19, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Quicken Loans to the Federal Trade Commission (FTC) for review. Through its routine monitoring program, NAD challenged “No Registration, No Login” claims made by Quicken Loans in connection with encouraging consumers to refinance their mortgage and learn more about its low refinancing rates. The advertiser did not respond to NAD’s request to provide substantiation for its claims.