BBB National Programs Decision Summaries

A panel of the National Advertising Review Board (NARB) has found that Zenlen Inc. d/b/a Native Cosmetics (Native) failed to provide a reasonable basis for two related claims made by Native – that Native deodorants “absorb” underarm wetness and provide effective protection against wetness, and recommended that such claims be discontinued. The advertising at issue had been challenged by Tom’s of Maine, maker of competing deodorant products, before the National Advertising Division (NAD), an investigative unit of the advertising industry’s system of self-regulation.  Following NAD’s decision, Native appealed to the NARB, the appellate unit of the advertising industry’s system of self-regulation.

A panel of the National Advertising Review Board (NARB) has found that Goya Foods, Inc.’s claim that its Excelsior brand pasta is “La pasta favorita de Puerto Rico” (translated as “The Favorite Pasta of Puerto Rico” or “Puerto Rico’s Favorite Pasta”) (the “Favorite Claim” or “Claim) is an unsupported objective preference claim and should be withdrawn.

The National Advertising Review Board (NARB) has referred advertising claims made by J-B Weld Company, LLC to the Federal Trade Commission (FTC) for review after the company declined to comply with NARB’s recommendations regarding discontinuation of “Made in USA” advertising claims made on certain product packaging and in online advertisements for its silicon and epoxy adhesive products.

A panel of the National Advertising Review Board (NARB) has found that AT&T Services, Inc.’s claims that its internet services delivers over 99% reliability, made in certain advertisements, are unsupported and recommended that the claims be discontinued or modified. 

A panel of the National Advertising Review Board (NARB) has found that an AT&T Services Inc. television commercial (the “Historic Launch”) conveys an unsupported claim that with over 99% reliability, its services are superior compared to at least one viable competitive service, and recommended that the message be discontinued.

A panel of the National Advertising Review Board (NARB) has recommended that Philips Oral Healthcare, Inc., modify certain advertising claims for the company’s Sonicare DiamondClean electric toothbrush.  The advertising at issue had been challenged by The Procter & Gamble Company, manufacturer of the competing Oral-B brand electric toothbrushes, before the National Advertising Division (NAD). The NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBBNP’s self-regulatory and dispute resolution programs.  Following NAD’s decision, Philips appealed all of the NAD recommendations adverse to it to the NARB, the appellate unit of the advertising industry’s system of self-regulation. P&G exercised its right under the applicable rules of procedure to file a cross-appeal.

A panel of the Advertising Review Board (NARB) has recommended that Chattem, Inc. discontinue certain advertising claims for ACT Dry Mouth Mouthwash and ACT Dry Mouth Lozenges, while also approving others. The advertising at issue had been challenged by GlaxoSmithKline Consumer Healthcare, L.P., the manufacturer of the competing Biotene brand oral care products, before the National Advertising Division (NAD).  The NAD is an investigative unit of the advertising industry’s system of self-regulation administered by the Council of Better Business Bureaus.  Following the NAD’s decision, Chattem appealed certain recommendations made by NAD to the NARB, the appellate unit of the advertising industry’s system of self-regulation. GSK exercised its right under the applicable rules of procedure to file a cross-appeal.

A panel of the National Advertising Review Board (NARB) has found that an AT&T Services Inc. internet advertisement claiming “More for Your Stream Like a Boss Thing” conveys an unsupported superiority claim comparing AT&T to its competitors, and recommended that it be modified or discontinued.  In the same proceeding, NARB found in favor of AT&T with regard to its “Do Your Thing” commercial. 

A panel of the National Advertising Review Board (NARB) has recommended that Eli Nutrition, Inc. discontinue certain advertising claims (while also approving others) made on product packaging and in online advertising for Eli Nutrition’s TummyZen  dietary supplement.  TummyZen is an antacid containing calcium carbonate and zinc.  The advertising at issue had been challenged by GlaxoSmithKline Consumer Healthcare, L.P., which sells Tums,  before the National Advertising Division (NAD).  The NAD is an investigative unit of the advertising industry’s system of self-regulation administered by the Council of Better Business Bureaus.  Following the NAD’s decision, Eli Nutrition appealed to the NARB, the appellate unit of the advertising industry’s system of self-regulation.

A panel of the National Advertising Review Board (NARB) has recommended that Comcast Communications, LLC modify its advertising to avoid making unsupported implied superiority claims. The advertising claims that were the subject of the panel’s review related to the comparison of Comcast’s Xfinity Television Service, a cable service with features of DirecTV, a competing satellite service operated by DirecTV, LLC.