BBB National Programs Decision Summaries

New York, NY – April 7, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Bausch Health US, LLC discontinue or modify certain claims for its Bausch + Lomb INFUSE brand of silicone hydrogel daily contact lenses. The advertising at issue had been challenged before NAD by Alcon Vision, LLC. After NAD’s decision was rendered, Bausch + Lomb appealed to NARB as part of the advertising industry’s self-regulatory process.

New York, NY – February 24, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that T-Mobile U.S. Inc. discontinue all express and implied claims that T-Mobile has the most reliable 5G network, an assertion the company had made based on data from third-party testing company, umlaut. 

New York, NY – February 10, 2022 – A panel of the National Advertising Review Board (NARB) has determined that S.C. Johnson & Son, Inc. has proper support for its advertising claim that Ziploc Slider bags are “stronger than Hefty on punctures and tears.” The advertising at issue, along with a number of other claims, had been challenged by Reynolds Consumer Products, LLC, the manufacturer of Hefty storage bags, before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision, S.C. Johnson appealed. 

New York, NY – February 9, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. modify or discontinue certain advertising claims for its fiber internet service. The panel upheld the advertiser’s appeal as to other claims. The advertising at issue had been challenged by Charter Communications, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6981), the advertiser appealed to NARB. 

New York, NY – January 20, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Air Methods Corporation modify or discontinue certain advertising claims for its Air Ambulance Transport service. The panel also upheld the advertiser’s appeal as to other claims. The advertising at issue had been challenged by Global Medical Response, Inc. and its subsidiary, Air Evac EMS, Inc. (collectively, GMR), before the National Advertising Division (NAD).

New York, NY – January 13, 2022 – A panel of the National Advertising Review Board (NARB) recommended that PLx Pharma Inc. either discontinue use of the claim that Vazalore “is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin” or modify it to disclose as part of the main claim that the clinical evidence is based on a seven-day study comparing a 325mg dose of Vazalore to a 325mg dose of immediate release aspirin. The advertising at issue had been challenged by Bayer Healthcare, LLC before the National Advertising Division (NAD).

New York, NY – January 12, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Perrigo Company, PLC discontinue the claim that its oral care business’ Plackers floss product is the “#1 Brand of Flossers.” The advertising at issue had been challenged by the Procter & Gamble Company (P&G) before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7065), Perrigo appealed NAD’s recommendations.

New York, NY – January 5, 2022 – A panel of the National Advertising Review Board (NARB) has concluded that KSF Acquisition Corp. (SlimFast) has proper substantiation for a qualified claim that the SlimFast Plan is clinically proven but found that SlimFast’s product-related “clinically proven” claims are unsubstantiated. The NARB panel declined to adopt the recommendation of the National Advertising Division (NAD) that the advertiser qualify its “lose weight and keep it off” claim to disclose that long-term weight maintenance will likely include some weight regain. The advertising at issue had been challenged by Simply Good Foods (Atkins) before NAD. Following NAD’s decision (Case No. 6952), SlimFast appealed certain NAD findings and recommendations.

New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly communicate that its plan does not offer unlimited high-speed data. The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process.

New York, NY – October 20, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that Johnson & Johnson Consumer Inc. (JJCI) discontinue the claim that its Neutrogena brand is the “#1 Dermatologist Recommended Skincare Brand.” The advertising at issue had been challenged by L’Oréal USA, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6926), JJCI appealed NAD’s recommendation to discontinue the claim “#1 Dermatologist Recommended Skincare Brand,” as well as NAD’s determination that the challenge was not foreclosed by NAD’s prior decision in Neutrogena Corporation (Neutrogena Products, 2008).