BBB National Programs Decision Summaries

 VAYA Pharma, Inc., the U.S. manufacturer and supplier of Vayarin, a dietary supplement marketed for the management of ADHD, has advised the National Advertising Division that the product has been discontinued and it has closed its business.

The National Advertising Division has found that Reckitt Benckiser, Inc.’s “All in One” claim when positioned adjacent to a list of symptoms treated by its Maximum Strength Mucinex Fast-Max Cold & Flu both on the product label and in a 30-second does not convey the misleading message that the product treats all cold and flu symptoms in one product, following a challenge by The Procter & Gamble Company, the maker of Vick’s DayQuil/Nyquil medications.  However, NAD recommended discontinuation of other challenged advertisements.

Following a challenge by T-Mobile USA, Inc., the National Advertising Division has concluded that Verizon Wireless, Inc. provided a reasonable basis for its claim that RootMetrics is independent, as well as for its claims that it was “ranked #1 by RootMetrics in Call, Data, Speed, and Reliability,” and that RootMetrics ranked it the best network. However, NAD recommended that the unqualified claims that Verizon is the “Best Network” and “Best Unlimited” be modified so that they are clearly tied to RootMetrics’ test results, or be discontinued. 

Cochlear Americas has agreed to permanently modify its “Ask the Expert” magazine advertising to include a clear and conspicuous disclosure that the pieces are advertising for its cochlear implants.  The challenge arose from NAD’s routine monitoring program.

Following a challenge by Church & Dwight, the National Advertising Division recommended that Procter & Gamble discontinue a television commercial for its Tide Pods, having found that it reasonably conveys the unsupported message that a single Tide Pods capsule is markedly superior to an entire bottle of Arm & Hammer detergent, regardless of the stain or soil type, and the falsely disparaging message that Arm & Hammer laundry detergent is ineffective.

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.