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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6/01/2020 - Luxury Mattress Manufacturer, The Saatva Company, Should Exercise Caution Making Claims Based on Third-Party Ratings and Rankings
Following a challenge by Casper Sleep Inc., the National Advertising Division (NAD) found there no evidence demonstrating that luxury mattress manufacturer Whitestone Home Furnishings, LLC d/b/a The Saatva Company has material connections to third-party websites that impact the editorial independence of the sites, but recommended Saatva discontinue the claim “America’s best-reviewed luxury sleep brand” if the claim: -
5/28/2020 - NAD Recommends Amerisleep Discontinue or Modify “Native Advertising” Websites SleepJunkie.org and SavvySleeper.org
The National Advertising Division (NAD) determined that two mattress ranking and review websites, SleepJunkie.org and SavvySleeper.org, owned by the mattress manufacturer Amerisleep, LLC, may appear independent to consumers and recommended that the advertiser discontinue the sites or modify them to ensure that consumers clearly understand that the websites’ contents are advertising for Amerisleep. The implied claims that the reviews on SleepJunkie.org and SavvySleeper.org do not have a material connection to Amerisleep, were challenged by Casper Sleep Inc.
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5/27/2020 - NAD Refers Advertising Claims for Little Spoon Baby Food to FDA and FTC for Further Review After Company Declines to Comply with NAD’s Recommendations
The National Advertising Division (NAD) has referred online advertising claims made by Little Spoon, Inc. for its Little Spoon Baby Food to the Federal Trade Commission and the U.S. Food and Drug Administration for further review after the company declined to comply with NAD’s recommendations to discontinue certain “fresh” claims. -
5/26/2020 - NAD Recommends GlaxoSmithKline Discontinue Benefiber Claims of “100% Natural,” Satiety, and Curbing Cravings; Advertiser to Appeal
The National Advertising Division (NAD) recommended that GlaxoSmithKline (GSK) discontinue the express claims that its Benefiber Original and Benefiber Healthy Shape fiber supplements are “100% natural,” and that Benefiber Healthy Shape is “clinically proven to curb cravings,” and “helps you feel full longer.” These claims, which appeared on Benefiber product packaging and website advertising, were challenged by The Procter & Gamble Company (P&G), maker of the competing dietary supplement and laxative product, Metamucil. GSK said that it will appeal the adverse findings to the National Advertising Review Board. -
5/19/2020 - NAD Finds Certain Invisalign Product Performance Claims Substantiated; Recommends Clear & Conspicuous Disclosures and Discontinuation of Some Claims
The National Advertising Division (NAD) determined that Align Technology, Inc. (“Align”) substantiated certain product performance claims for Invisalign clear aligners as challenged by SmileDirectClub, LLC (“SDC”), maker of Smile Direct Club clear aligners, but recommended modification to the accompanying disclosures. In addition, NAD determined that Align’s description of its SmartForce attachments and the challenged social media posts were not misleading. However, NAD recommended that Align: -
5/13/2020 - NAD Recommends Verizon Discontinue the Claim that it is Delivering “The Most Powerful 5G Experience for America” in Two TV Commercials; Advertiser to Appeal
The National Advertising Division (“NAD”) determined that, in the context of two challenged television commercials touting Verizon’s rollout of 5G service in sports venues, the claim that “Verizon is building the most powerful 5G experience for America” reasonably communicates a message about the consumer experience of using 5G mobile service that was not supported by the evidence in the record. -
5/06/2020 - Following NAD Challenge, Factor Nutrition Permanently Discontinues Claim that Focus Factor is “America’s #1 Brain Health Supplement”
The BBB National Programs National Advertising Division (NAD) recommended that Factor Nutrition, LLC discontinue the claim that its Focus Factor brain health supplement is “America’s #1 Clinically Studied and Patented Brain Health Formula,” following a challenge by Quincy BioScience, Inc., maker of Prevagen brain health dietary supplement. -
5/04/2020 - NAD Recommends Discontinuance of Claim that Arm & Hammer Spinbrush Toothbrush Provides “The Same Great Clean” as the Oral-B Pro 1000 for a Fraction of the Price
The BBB National Programs National Advertising Division (“NAD”) recommended that Church & Dwight Co., Inc. discontinue the comparative claim that its Arm & Hammer Spinbrush toothbrush (“Spinbrush”) provides the “same great clean as the Oral-B Pro 1000,” as well as the accompanying value claim, “instead of paying $50, you get the same great clean for less than $10. So why pay more?” These claims, which appeared in website and television advertising, were challenged by The Procter & Gamble Company (“P&G”), maker of the Oral-B Pro 1000 electric toothbrush. -
4/30/2020 - NAD Findings Support the Claim that Benefiber Healthy Balance “Helps Relieve Occasional Constipation and Abdominal Discomfort Without Causing Diarrhea”
The National Advertising Division (NAD) determined that GlaxoSmithKline Consumer Healthcare (GSKCH) provided a reasonable basis for its claim that Benefiber Healthy Balance “helps relieve occasional constipation and abdominal discomfort without causing diarrhea.” The claim, which appeared on product packaging for Benefiber Healthy Balance, was challenged by the Procter & Gamble Company (P&G), maker of competing dietary supplement and laxative product, Metamucil. -
4/29/2020 - Following National Advertising Division Challenge, Claims that Talyoni and Ecoco Cannabis Sativa Cosmetic and Wellness Products Contain CBD will be Discontinued
The National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that Talyoni and Ecoco Cannabis Sativa cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products. The claims were challenged by Zotos International, Inc., maker of Joico and other hair care products.