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.
- All
-
4/27/2020 - NAD Finds Certain Smile Direct Club Clear Aligner Performance Claims Supported; Recommends Modification to Others
The National Advertising Division (“NAD”) determined that SmileDirectClub, LLC (“SDC”) substantiated certain express claims regarding the ability of its Smile Direct Club Clear Aligners to correct some bite issues, but recommended modification to others. NAD also recommended that SDC discontinue the challenged comparative claims, savings claims, speed claims, and consumer testimonials, as well as modify certain questions in SDC’s “Smile Assessment” quiz, and SDC’s “Confident Smile Guarantee” policy. The claims were challenged by Align Technology, Inc. (“Align”), maker of Invisalign clear aligners. -
4/22/2020 - NAD Finds Supported Petco’s Claim that it is “Setting a Bold New Standard for Nutrition”; Recommends Modification|Discontinuance of Certain “No More Artificials” Claims
The National Advertising Division (“NAD”) determined that Petco Animal Supplies, Inc. had submitted evidence sufficient to demonstrate that it is “setting a bold new standard for nutrition” and that it “will continue to evaluate and evolve [its] standards and assortment to take pet nutrition to new levels.” However, NAD recommended that Petco modify claims that it is removing “all” artificial ingredients or that there will be “no more artificials” in any dog food or treats. NAD also recommended that Petco modify certain hyperlinks to its “Better Nutrition” page, discontinue its characterization of artificial ingredients (i.e. as contained in other pet foods or carried by its competitors) as “nasties” or “bad stuff” and related imagery as to such pet foods in its video advertisement, and discontinue claims that as a result of its initiative to remove artificial ingredients from its store shelves, Petco provides “better nutrition.” -
4/21/2020 - NAD Finds Supported Certain Advertising Claims for SimpliSafe Home Security; Recommends Modification / Discontinuation of Others, Including Claim that its System Enables Police to Dispatch 3.5x “Faster”
The National Advertising Division (“NAD”) determined that SimpliSafe, Inc. supported certain advertising claims for SimpliSafe Home Security, including claims that the system is equipped with features to keep it functioning after an event which may disrupt the system and that SimpliSafe did not have a material connection with certain third-party endorsers. However, NAD recommended modification or discontinuation of other challenged claims, including dispatch speed claims that its system enables police to dispatch 3.5x “faster,” a monitoring and notification claim, and a battery life claim. NAD also recommended modifications to line claims, as well as to challenged endorsements and a testimonial. The claims were challenged by ADT Security Services. -
4/13/2020 - Creekside Natural Therapeutics to Discontinue Advertising Claims for Focused Mind Jr. Dietary Supplement Following NAD Challenge
The National Advertising Division has recommended that Creekside Natural Therapeutics LLC discontinue “clinically proven,” performance, ingredient, and comparative claims for its Focused Mind Jr. dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”). Initially, NAD referred this matter to the Federal Trade Commission for possible enforcement action because the advertiser failed to file an Advertiser’s Statement either agreeing to comply with NAD’s recommendations or appealing the decision to the NARB. However, after this referral, Creekside Natural Therapeutics submitted its Advertiser’s Statement and agreed to comply with NAD’s recommendations.
-
4/03/2020 - NAD Reviews Advertising Claims for Simmons’ Memory-Foam Mattresses, Following Tempur-Pedic Challenge
The National Advertising Division determined that Simmons Bedding Company could support certain advertising claims for the company’s “ComforPedic Mattresses from Beautyrest,” but recommended the company modify or discontinue certain claims. -
4/02/2020 - NAD Recommends DermStore Discontinue Claims at Issue for Company’s ‘SmartLash’ Eyelash Enhancer
The National Advertising Division has recommended that DermStore LLC, discontinue claims at issue for the company’s “SmartLash Eyelash Enhancer,” including claims that the product is “Dermatologist Recommended.” -
4/01/2020 - NAD Finds Landfill Waste Disposal A Key Issue In Review of Advertising Claims Related To Biodegradability
The National Advertising Division has recommended that Ecologic LLC modify certain claims for the company’s for Eco-One additive, a product designed to improve the degradability of plastic goods. NAD determined that certain claims were supported by the advertiser’s evidence. -
4/01/2020 - NAD Finds Kraft Heinz’s Claim, “Upgrade Your Mayonnaise” is Puffery When Used to Attract Attention to its Own Product But Not in Comparative Setting
The National Advertising Division has determined that Kraft Heinz’ claim “Upgrade Your Mayonnaise” on point-of-purchase (“POS) displays for its Heinz Real Mayonnaise is puffery in the context of placement locations in front of its products following a challenge by Unilever United States, Inc., maker of Hellmann’s mayonnaise. -
4/01/2020 - NAD Recommends S.C. Johnson Discontinue “Non-Toxic” Claim on Method Cleaning Products; Advertiser to Appeal to NARB
The National Advertising Division (“NAD”) recommended that S.C. Johnson & Son, Inc. (“SCJ”) discontinue the claim “non-toxic” on package labeling for certain Method Cleaning Products, following a challenge by The Procter & Gamble Company (“P&G”), maker of household goods including Mr. Clean cleaning sprays. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.
-
4/01/2020 - NAD Recommends S.C. Johnson Discontinue “Non-Toxic” Claim on Windex Vinegar Glass Cleaner; Advertiser to Appeal to NARB
The National Advertising Division (“NAD”) recommended that S.C. Johnson & Son, Inc. (“SCJ”) discontinue the claim “non-toxic” on package labeling for its Windex Vinegar Glass Cleaner, following a challenge by The Procter & Gamble Company (“P&G”), maker of household goods including Mr. Clean cleaning sprays. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.