BBB National Programs Decision Summaries

The National Advertising Division determined that AT&T Services, Inc. has a reasonable basis for its “best wireless network according to America’s biggest test” claim.  

The National Advertising Division recommended that Nexus Formulas, LLC discontinue certain challenged product performance, ingredient, and safety claims, as well as doctor recommended claims and testimonials for its Plavinol dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”).

The National Advertising Division has referred advertising claims made by Guardian Technologies, LLC to the Federal Trade Commission for possible enforcement action after the company stated it would not comply with NAD’s recommendations to discontinue certain HEPA performance claims for its GermGuardian and PureGuardian air purifiers and replacement filters. 

The National Advertising Division recommended that Reckitt Benckiser LLC discontinue certain challenged claims for Air Wick Scented Oil, following a challenge by The Procter & Gamble Company, maker of Febreze Air Fresheners. 

The National Advertising Division has recommended that Skyline USA, Inc. discontinue certain performance claims for its Guard Dog pepper spray relating to its range, effectiveness, capacity, and ability to ensure assailant identification days after use.  

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.