BBB National Programs Decisions
3/17/2021 - NAD Recommends Goli Nutrition Modify Energy Production Claims for Apple Cider Vinegar Gummies, and Discontinue Skin Health Claims
New York, NY – March 17, 2021 – The National Advertising Division recommended that Goli Nutrition Inc. modify its Apple Cider Vinegar (ACV) Gummies “Vitamin B12 to help support energy production” claim to make it clear that Goli is referring to cellular energy and to avoid conveying the impression that consumers taking its ACV Gummies will feel a noticeable increase in energy or become more energetic. NAD also recommended that Goli discontinue certain skin health claims. These claims were challenged by Pharmavite LLC, a competing manufacturer of Nature Made brand dietary supplements.
3/17/2021 - Three NAD Fast-Track SWIFT Cases Resolved; One Claim Supported, One Recommendation to Discontinue Claim, One Claim Voluntarily Discontinued
New York, NY – March 17, 2021 – The National Advertising Division (NAD) of BBB National Programs announced the resolution of three new Fast-Track SWIFT cases: T-Mobile challenged Verizon’s depiction of a 5G coverage map, Prose challenged Function’s “over 110,000 5-star product reviews” claim, and Lidl challenged certain Aldi comparative pricing claims. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases.
3/16/2021 - NAD Finds SmileDirectClub “60% Less Than Braces” Claim Supported with Modifications; Recommends “60% Less Than Other Brands” Claim be Discontinued
New York, NY – March 16, 2021 – The National Advertising Division (NAD) determined that SmileDirectClub, LLC provided a reasonable basis for the claim that their treatment system costs “60% less than braces,” but recommended SmileDirectClub modify the claim to ensure that consumers are provided with all material information relevant to its price comparison, and NAD also recommended that SmileDirectClub discontinue the claim “60% less than other brands." The claims at issue, which appeared in online advertising, were challenged by Align Technology, Inc., maker of Invisalign clear aligners.
3/16/2021 - Claims that a 5.3 Ounce Yogurt Cup of Chobani Complete Contains Up to 25 Grams of Protein are Permanently Discontinued Following NAD Challenge
New York, NY – March 16, 2021 – Chobani LLC informed the National Advertising Division (NAD) of BBB National Programs that it will permanently discontinue challenged express claims that its Chobani Complete 5.3-ounce yogurt cup contains 25 grams of protein. The advertiser’s claims, which appeared in video advertisements, were challenged by Danone North America, a competing manufacturer of yogurt products
3/11/2021 - NAD Determined ACT’s Website Content On COVID-19 Test Center Cancellations is Accurate but Recommends Some Modifications to Advertising
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that ACT’s website makes clear the material limitations on ACT college entrance standardized testing regarding the likelihood of cancellations due to the COVID-19 pandemic and provides truthful and accurate information to test takers about cancelled and rescheduled tests. However, NAD recommended that ACT modify its advertising to disclose information clearly and conspicuously about test center availability and its process for reconfirming availability based on the status of the pandemic. The claims at issue, which appeared on ACT’s website and in social media and internet advertising, were challenged as part of NAD’s routine monitoring program.
3/11/2021 - NAD Finds Certain Claims for Optic White Renewal Toothpaste Supported; Colgate to Appeal Recommendation to Discontinue Quantified Stain Removal Claim
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that Colgate-Palmolive Company supported advertising claims that its Optic White Renewal Toothpaste has “unprecedented whitening power,” “contains 3% hydrogen peroxide,” and has “the most hydrogen peroxide in a whitening toothpaste.” However, NAD recommended that Colgate discontinue the claim that its product “removes 10 years of yellow stains.” Colgate will appeal that recommendation. The claims at issue, which appeared on websites, television advertising, and product packaging, were challenged by the Procter and Gamble Company (P&G), a competing manufacturer of toothpaste.
3/10/2021 - NAD Finds Salonpas Duration Claim Supported; Recommends Hisamitsu America Discontinue Comparative Pain Relief, Onset of Action, Range of Motion Claims
New York, NY – March 10, 2021 – The National Advertising Division (NAD) determined that Hisamitsu America, Inc. supported its duration claims that Salonpas Pain Relief Patch Large “works for up to 12 hours” and “provides relief for up to 12 hours.” NAD also determined that Hisamitsu provided a reasonable basis for the challenged claims comparing the Salonpas patch’s regulatory pathway to competitor products. However, NAD has recommended that Hisamitsu discontinue certain parity and product performance claims.
3/03/2021 - NAD Finds Health-Related Claims for Pendulum Glucose Control Medical Probiotic Supported but Recommends Some ModificationsNew York, NY – March 3, 2021 – The National Advertising Division (NAD) determined that certain claims for Pendulum Glucose Control, manufactured by Pendulum Therapeutics, Inc. to help Type 2 diabetes dietary management, were supported by competent and reliable scientific evidence. However, NAD recommended that certain modifications were necessary so that the claims more accurately reflect the limitations in the evidence. The claims at issue were challenged as part of NAD’s routine monitoring program. During the pendency of the case, the advertiser voluntarily modified many of the challenged claims permanently, therefore, NAD did not review these claims on the merits.
3/02/2021 - NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform
New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home.
2/23/2021 - NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available
New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.