BBB National Programs Decision Summaries

The National Advertising Division recommended that Alcon Vision, LLC discontinue certain challenged claims in professional advertising for its AcrySof IQ ReSTOR +2.5 D and +3.0 D Multifocal Intraocular Lenses, following a challenge by Johnson & Johnson Surgical Vision, Inc. (“JJSV”), maker of competing TECNIS Symfony intraocular lenses.  Intraocular lenses (“IOLs”) are implantable medical devices that surgeons use to replace patients’ natural lenses after they are removed during cataract surgery.

The National Advertising Division has recommended that Molekule Inc. discontinue its pollution, bioaerosol and VOC elimination/destruction claims (both quantified and otherwise), performance claims concerning its MH1 Air Purifier (MH1), its comparative superiority claims versus air purifiers that contain HEPA filters, and its allergy and asthma symptom relief claims, following a challenge by Dyson, Inc., maker of competing air purifiers. The advertiser has said it will appeal certain NAD findings and recommendations to the National Advertising Review Board but will comply with other recommendations.

Kimberly-Clark Corporation stated that it will permanently discontinue the challenged express claim “Wet to Dry in 10 Seconds” (or less) (*time to absorb 50 ml of fluid below the liner) in online advertising and on packaging for its Huggies Snug & Dry Diapers, following a challenge before the National Advertising Division by The Procter & Gamble Company, maker of Pampers Diapers.

The National Advertising Division has recommended that Bayer Healthcare LLC discontinue the claims “Proven Better on Pain than Tylenol Extra Strength” and “Proven Better on Pain than Tylenol,” following a challenge by Johnson & Johnson Consumer Inc., maker of Tylenol products. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.

The National Advertising Division has concluded that NFL Enterprises LLC provided a reasonable basis for the challenged express claims that AT&T decided to discontinue carrying the NFL Network on its DIRECTV NOW and U-verse platforms.

The National Advertising Division has found that Cox Communications, Inc.’s television commercial comparing its cable television service to DIRECTV service does not reasonably convey the challenged implied claim that “DIRECTV does not work in bad weather and is highly unreliable,” and determined that the express claims therein are supported. Cox’s commercial was challenged by AT&T Services, Inc., provider of the competing DIRECTV satellite television service.

The National Advertising Division has recommended that The Procter & Gamble Company discontinue its “2X Strength per ounce,” “2X Strength per caplet,” and “Ultra Coat” claims for Pepto Bismol Ultra, following a challenge by GlaxoSmithKline Consumer Healthcare, the maker of competing TUMS antacid products.  NAD did not, however, find any basis to recommend a name change for the Pepto Bismol Ultra product.

The National Advertising Division has recommended that Clemens Food Group LLC / Hatfield Quality Meats discontinue the claim “Ethically Raised by Family Farmers Committed to a Higher Standard of Care, Governed by Third Party Animal Welfare Audits” on product packaging for Hatfield pork products. 

The National Advertising Division has recommended that Cox Communications, Inc. modify or discontinue certain comparative performance claims for its 1 Gbps and 300 Mbps internet service in two video commercials, following a challenge by AT&T Services, Inc.

The National Advertising Division has concluded that claims made on product packaging, in online advertising, and television commercials for Perdue Farms, Inc.’s Perdue brand non-organic fresh chicken product line do not reasonably convey misleading implied claims about the conditions under which Perdue’s chickens are raised.