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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  • 9/30/2020 - NAD Finds Certain BodyArmor SuperDrink Claims Supported; Recommends Discontinuance of “The Only Sports Drink” Claims in the Challenged Ads

    New York, NY – September 30, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that certain social media videos for BodyArmor SuperDrink and BodyArmor Lyte sports drink, and a coordinating press kit, made supported comparative claims versus Gatorade products. However, NAD recommended that BodyArmor Nutrition, LLC discontinue certain claims in banner and in-store advertising.

  • 9/29/2020 - NAD Recommends Cover Three Discontinue Claims that Brain Defense Dietary Supplement has a Positive Impact on Traumatic Brain Injuries

    New York, NY – September 29, 2020 – The National Advertising Division (NAD) of BBB National Programs recommended that Cover Three discontinue certain claims for its Brain Defense dietary supplement, including that it has a positive impact on traumatic brain injuries (TBIs). NAD also recommended that the advertiser discontinue the testimonial “as a mother of a newborn I want to make sure my baby gets the nutrients needed to grow a beautiful brain. I love this Dr. formulated product.” The claims were challenged by the Council for Responsible Nutrition (CRN). 

  • 9/24/2020 - NAD Finds Certain Madame Ovary Dietary Supplement Claims Supported

    New York, NY – September 24, 2020 – NAD determined that Goop, Inc. supported qualified claims relating to the ability of certain ingredients in its Madame Ovary dietary supplement to provide nutritional support for physical and emotional symptoms of women who are approaching, in, or just past menopause, but recommended modifications to a claim about the combination of ingredients chosen for menopausal women. 

  • 9/24/2020 - NAD Refers Mask, LLC to FTC After Company Declines to Comply with Recommendations for Spotless Blemishes & Oily Skin Soothing CBD Sheet Mask

    New York, NY – September 24, 2020 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Mask, LLC to the Federal Trade Commission (FTC) for review after the company declined to comply with NAD’s recommendations to discontinue the product name “Spotless Blemishes & Oily Skin Soothing CBD Sheet Mask,” as well as the claim “Helichrysum Essential Oil may work to help heal blemishes, encouraging signs of skin renewal and cell turnover to lessen the look of redness and scarring.” 

  • 9/23/2020 - NAD Finds Television Commercial for KIND Bars Not Falsely Disparaging; Recommends Other Modifications

    New York, NY – September 23, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that Kind, LLC (KIND) provided a reasonable basis for the depiction of the two products in the challenged television commercial for KIND Snack Bars and that the depiction was not falsely denigrating. However, NAD recommended that the advertiser make certain modifications to the commercial. The claims at issue were challenged by Clif Bar & Company (Clif), maker of Clif Snack Bars.  

  • 9/17/2020 - NAD Recommends Charter Modify Comparative Advertising Claims for Spectrum 400 Mbps Internet Service

    New York, NY – September 17, 2020 – The National Advertising Division (NAD) of BBB National Programs recommended that Charter Communications, Inc. (Charter) modify the disclosure for its claim that Spectrum’s 400 Mbps internet speeds are “8x faster than AT&T’s,” and the claim that “AT&T/DirecTV simply can’t keep up,” to avoid conveying a misleading message about AT&T’s internet speed tier offerings. The claims, which appeared in a mailer for Spectrum internet and television services, were challenged by AT&T Services, Inc. (AT&T). 

  • 9/16/2020 - NAD Concludes "Just Ok is not OK" Claims not Falsely Disparaging, But Recommends AT&T Discontinue "building 5G on America's Best Network" Claim, Disclose Material Connection with Testing Company; AT&T to Appeal

    New York, NY – September 16, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that certain claims in this case are materially similar to its 2019 review of the reliability of AT&T’s “best network” claim, but recommended certain clear and conspicuous disclosures. NAD also recommended that AT&T discontinue the claim that AT&T is “building 5G on America’s Best Network” and concluded that the claim, “just OK is not OK,” in the contexts presented was not falsely disparaging. AT&T said that it will appeal NAD’s adverse findings.

  • 9/15/2020 - NAD Finds Certain Claims for Dr. Ho’s Circulation Promoter Supported; Recommends Modification or Discontinuation of Others

    New York, NY – September 15, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that VGH Solutions Inc. supported certain claims for Dr. Ho’s Circulation Promoter (“Circulation Promoter”) medical device consistent with the FDA’s approved indications of use and claims that the device is “safe.” However, NAD recommended that the advertiser discontinue establishment claims that the Circulation Promoter is “clinically tested” to improve circulation, relax muscles, and relieve pain, as well as a variety of health-related claims. In addition, NAD recommended that the advertiser modify other challenged claims to more accurately reflect the FDA’s approved indications of use.  

  • 9/10/2020 - Following NAD Inquiry, P&G Modifies Material Connection Disclosures in Influencer TikTok Videos to Ensure They Appear on Other Platforms When Shared

    New York, NY – September 10, 2020 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, The Procter & Gamble Company (P&G) took steps to ensure that its influencers, who promote its Bounty Paper towels in a series of catchy TikTok videos, embed material connection disclosures in the videos to ensure that clear and conspicuous disclosure appears on any platform where they are shared. 

  • 9/09/2020 - CleanAir EXP Agrees to Refrain from Claims that its CleanAir EXP Air Purification System Protects Against COVID-19

    New York, NY – September 9, 2020 – Through its routine monitoring program, the National Advertising Division (NAD) of BBB National Programs questioned whether testimonials in a Twitter post by pastors at Dream City Church in Arizona about the Clean Air EXP air purification system that was installed in their church, along with a claim on the advertiser’s website, convey express and implied messages that the CleanAir EXP is effective at eliminating 99.9% of novel coronavirus or COVID-19.