BBB National Programs Decision Summaries
BBB National Programs provides summaries of all case decisions from the National Advertising Division (NAD), National Advertising Review Board (NARB), Children’s Advertising Review Unit (CARU), Direct Selling Self-Regulatory Council (DSSRC), and Digital Advertising Accountability Program (DAAP). Subscribe to receive a weekly wrap-up of published case decisions in your inbox.
2/17/2022 - National Advertising Division Finds Certain Claims for 4Patriots Long-Term Survival Food Kits Supported; Recommends Advertiser Modify Others
New York, NY – February 17, 2022 – The National Advertising Division (NAD) determined 4Patriots provided a reasonable basis for the number of views on the YouTube page for its Long-Term Survival Food Kits. NAD also found that the product names “3-Month Survival Food Kit” and “1-Year Survival Food Kit” on their own did not convey any implied messages about serving size, caloric content, or adverse effects. However, NAD recommended that the advertiser modify other claims. The advertiser’s claims were challenged by My Patriot Supply, a competitor in the shelf stable survival food business.
2/16/2022 - National Advertising Division Refers Advertising Claims for Simply Gum to Federal Trade Commission for Review
New York, NY – February 16, 2022 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Simply Gum Inc. to the Federal Trade Commission (FTC) for review. Simply Gum Inc. declined to participate in the industry self-regulation process. As a result of the advertiser’s failure to participate, NAD has referred advertising claims to the FTC. The claims at issue appeared on the internet and on product packaging, challenged by Perfetti Van Melle USA.
2/10/2022 - National Advertising Division Finds Certain Claims for Green Gobbler Drain Clog Dissolver Supported; Recommends Advertiser Modify or Discontinue Others
New York, NY – February 10, 2022 – The National Advertising Division (NAD) of BBB National Programs determined PurposeBuilt Brands provided a reasonable basis for certain advertising claims for its Green Gobbler Drain Clog Dissolver but recommended that other challenged claims be modified or discontinued. The claims were challenged by S.C. Johnson & Son, Inc., a manufacturer of competing pour-in drain opening products.
2/10/2022 - National Advertising Review Board Upholds S.C. Johnson’s Claim that Ziploc Slider Storage Bags are “Stronger than Hefty on Punctures and Tears”
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.
2/09/2022 - National Advertising Review Board Recommends AT&T Modify or Discontinue Certain Claims; Upholds Appeal for Others
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.
2/03/2022 - National Advertising Division Recommends Merck Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs; Merck to AppealNew York, NY – February 3, 2022 – The National Advertising Division (NAD) recommended that Merck Animal Health discontinue its “Best in Show” commercial and take steps to ensure that when making an “apples-to-oranges” comparison between its BRAVECTO flea and tick preventative for dogs and a rival company’s NexGard, that the material dosing difference between the compared products is sufficiently disclosed. Merck will appeal NAD’s decision.
McLean, VA – February 2, 2022 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), brought 13 websites for funeral, cremation, and cemetery services provider Service Corporation International (SCI) into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles.
1/27/2022 - National Advertising Division Finds Certain Goli Nutrition ACV Gummies Claims Supported; Recommends Others be Modified or Discontinued: Advertiser to Appeal
New York, NY – January 27, 2022 – The National Advertising Division (NAD) determined that Goli Nutrition supported its express use of the terms “Apple Cider Vinegar,” “Vinegar,” and “ACV” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement. NAD also found that Goli provided a reasonable basis for the claim “Taste the Apple, Not the Vinegar.” However, NAD recommended that Goli discontinue or modify its advertising to avoid conveying the unsupported message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV.
1/27/2022 - National Advertising Division Finds BestCompany.com “Moderated Reviews” Claim Supported; Recommends Other Claims be Modified or Discontinued
New York, NY – January 27, 2022 – The National Advertising Division (NAD) determined that BestCompany.com, LLC provided a reasonable basis for the claim that all reviews posted on BestCompany.com are “moderated through a tech-enabled, proprietary, 7-point moderation process to ensure they are real and authentic.” However, NAD recommended the advertiser discontinue certain express and implied claims related to the advertiser’s message that Best Company is an independent and impartial review site.
1/25/2022 - Direct Selling Self-Regulatory Council Refers BE Factor Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – January 25, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after BE Factor (also known as BE Rules and formerly known as Melius), a direct selling company that markets forex and cryptocurrency trading package subscriptions, failed to adequately respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.