BBB National Programs Decision Summaries

Following a challenge by GlaxoSmithKline Consumer Healthcare, Inc. (“GSK”), NAD concluded that Bayer Healthcare LLC provided a reasonable basis for its claim that, based on the parties’ respective FDA-approved labels, Claritin is indicated to relieve 8 symptoms of allergies (i.e., sneezing, runny nose, nasal congestion, itching of the nose, itchy eyes, watery eyes, itching of the throat, and sinus congestion and pressure) and the leading allergy spray (Flonase) is only indicated to relieve the first six of these symptoms (i.e., not sinus congestion and pressure or itchy throat.)

The National Advertising Division has recommended that Goya Foods, Inc. discontinue its claim that Excelsior brand pasta is “Puerto Rico’s Favorite Pasta.”  The decision followed a challenge by Riviana Foods Inc., maker of the competing Ronzoni pasta brand.  Goya has stated that it will appeal NAD’s decision.

The National Advertising Division has referred advertising by Pyle Audio, Inc. involving customer reviews for its NutriChef Vacuum Sealers to the appropriate government agencies for further review following the advertiser’s failure to respond to NAD’s inquiry. 

Following a challenge by Charter Communications, the National Advertising Division recommended that Frontier Communications discontinue two television commercials for its FiOS internet service, having found that they reasonably convey the unsupported and falsely disparaging message that Spectrum’s upload or download speeds are insufficient for the routine consumer tasks portrayed.  During the course of the proceeding, the advertiser had agreed to discontinue a separate radio advertisement that Charter argued falsely disparaged cable companies.

The National Advertising Division has recommended that BISSELL Homecare Inc. discontinue its claim, “#1 Carpet Cleaning Brand” following a challenge by Reckitt Benckiser, maker of Resolve Carpet Cleaner products.

The National Advertising Division has concluded that Mead Johnson provided a reasonable basis for its compositional claims for its Enfamil NeuroPro  MFGM (Milk Fat Globule Membrane)-Supplemented Infant formulas but recommended modification of other claims in both consumer and healthcare professional advertisements, and discontinuance of its use of a certain bar graph in its consumer-directed commercial, following a challenge by Abbott Nutrition, maker of Similac Infant Formulas.

The National Advertising Division has recommended that Mommy’s Bliss, Inc. discontinue various health and doctor-recommended claims on product packaging, and in website, social media and third-party advertising for Mommy’s Bliss’ Cough Syrups, Organic Kids Cough Syrup & Mucus Relief (Day and Nighttime), Infant Organic Cough Syrup & Mucus Relief (Day and Nighttime Versions), Probiotic Drops Everyday, Probiotic Drops + Vitamin D, and Probiotic Drops + 15 Day Boost, following a challenge by Johnson & Johnson Consumer Inc. The products at issue are dietary supplements that are intended to be used by infants and young children.

The National Advertising Division has recommended that Mommy’s Bliss, Inc. discontinue all of its performance claims, speed-of-action claims, pediatrician-recommended and “First in the U.S.” claims for its Mommy’s Bliss Gripe Water product, following a challenge by Johnson & Johnson Consumer, Inc., maker of a competing gripe water product.

The National Advertising Division has recommended certain advertising claims made by MLW Squared d/b/a Ahalogy regarding its Tri-Verified influencer marketing platform be modified or discontinued, but found that the advertiser’s use of a Media Rating Council (MRC) seal did not reasonably communicate a misleading message.

Following an inquiry by the National Advertising Division, Rite Aid Hdqtrs. Corp. (“Rite Aid”) stated that it will permanently discontinue its claim that various products are “#1 Health Care Professional Recommended Brands.” The challenge arose from NAD’s routine monitoring program.