BBB National Programs Decisions
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.
3/09/2021 - Two of BBB National Programs’ Self-Regulatory Watchdogs Bring Azerion Gaming Website and App into Compliance with Privacy Best Practices
McLean, VA – March 9, 2021 – Two self-regulatory watchdog units of BBB National Programs, the Digital Advertising Accountability Program (DAAP) and the Children’s Advertising Review Unit (CARU), today released the result of a new data privacy case for the children’s gaming site Girls Go Games and the mobile app My Dolphin Show. Azerion, the publisher of Girls Go Games and My Dolphin Show, worked with DAAP and CARU to bring its online services into compliance with the Digital Advertising Alliance (DAA) Principles for privacy and interest-based advertising, and CARU’s Advertising Guidelines, respectively.
3/08/2021 - DSSRC Recommends Direct Selling Company ONEHOPE Modify and Discontinue Certain Earnings Claims
McLean, VA – March 8, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several earnings claims made by ONEHOPE, a California-based direct selling company that sells wine, coffee, and other comfort beverages, including claims related to the COVID-19 pandemic. The inquiry was commenced through DSSRC’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated on ONEHOPE’s website and the social media accounts of salesforce members.
McLean, VA – March 4, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and earnings claims made by RBC Life Sciences to the FTC for possible enforcement action after RBC Life Sciences failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that RBC Life Sciences products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, RBC Life Sciences’ salesforce members have made egregious representations in social media posts about income that can be earned as a member of the RBC Life Sciences salesforce. In addition, on its website, RBC Life Sciences falsely represented that it is an accredited business with the Better Business Bureau and a member of the Direct Selling Association.
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.
2/24/2021 - NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim
A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also recommended that AT&T discontinue the claim that AT&T is “Building 5G on America’s Best Network,” or state in the body of the claim that the “Best Network” referred to is AT&T’s 4G network. The advertising at issue had been challenged by Verizon Wireless, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6401), AT&T appealed and Verizon cross appealed.
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.