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.

 

For the full text of NAD, NARB, and CARU decisions, subscribe to the Online Archive. Other case decisions are available publicly: DSSRC and DAAP. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
  • 1/20/2022 - Direct Selling Self-Regulatory Council Recommends Surge365 Discontinue Misleading Earnings Claims

    McLean, VA – January 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Surge365 and its salesforce members be discontinued. Surge365 is a multi-level direct selling company that offers discounts on hotels, rentals, cruises, flights, and other travel services. The claims that were the subject of the inquiry were disseminated on social media and the company’s website. 

  • 1/20/2022 - National Advertising Review Board Recommends Air Methods Modify or Discontinue Certain Claims; Upholds Appeal for Others

    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).

  • 1/19/2022 - Direct Selling Self-Regulatory Council Recommends Le-Vel Discontinue Certain Earnings and Health-Related Product Performance Claims in Compliance Inquiry

    McLean, VA – January 19, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Le-Vel Brands, LLC that had been the subject of an inquiry from 2020. DSSRC recommended that the new product performance and earnings claims identified in the compliance inquiry, made by Le-Vel salesforce members, be discontinued. Le-Vel is a multi-level direct selling company that sells health and wellness products. 
  • 1/19/2022 - National Advertising Division Finds Glad Trash Bags Product Packaging Not Misleading; Recommends Glad Discontinue or Modify Other Advertising Claims

    New York, NY – January 19, 2022 – The National Advertising Division (NAD) determined that product packaging for Glad Products Company’s ForceFlex Plus with Clorox Tall Kitchen Drawstring Bags appropriately ties the Clorox brand to its odor elimination role, and that product packaging for Glad’s Quick-Tie Tall Kitchen CloroxPro Trash Bags does not have the potential to confuse consumers. Reynolds Consumer Products LLC challenged express and implied claims on Glad’s product packaging, product webpages, and commercials.

  • 1/18/2022 - Direct Selling Self-Regulatory Council Recommends Immunotec Discontinue Certain Earnings and Health-Related Product Performance Claims

    McLean, VA – January 18, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Immunotec and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Immunotec salesforce members on social media as well as on the company website. Immunotec is a direct selling company that sells nutritional products and supplements.

  • 1/13/2022 - National Advertising Review Board Recommends PLx Pharma Either Discontinue or Modify “Clinically Shown” Claim for its Vazalore Aspirin Product

    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).

  • 1/12/2022 - Advertiser Voluntarily Discontinues Claim in National Advertising Division Fast-Track SWIFT Case

    New York, NY – January 12, 2022 – The National Advertising Division (NAD) of BBB National Programs closed one Fast-Track SWIFT case in December. In that case, Dyson, Inc. challenged SharkNinja Operating LLC’s claim that the Shark HyperAIR hair dryer is the industry’s “first and only high velocity hair dryer and styling system.”

  • 1/12/2022 - National Advertising Review Board Recommends that Perrigo Discontinue “#1 Brand of Flossers” Claims for its Plackers Brand Dental Floss Products

    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.

  • 1/05/2022 - National Advertising Review Board Upholds Qualified Clinically Proven Claim for SlimFast Plan; Recommends “Clinically Proven” Product Claims Be Discontinued

    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.

  • 12/28/2021 - National Advertising Division Finds Chime’s “No Overdraft Fees” Claims Supported; Recommends Qualification of “No Hidden Fees” Claims

    New York, NY – December 28, 2021 – The National Advertising Division (NAD) determined that Chime Financial, Inc.’s advertising for its “SpotMe” program disclosed the material information necessary to ensure that claims about its program are substantiated, that Chime’s “no overdraft fees” claims are supported, and that the Chime homepage adequately qualifies its “no fees” claim so that consumers understand that out-of-network ATM fees are not among the hidden fees it eliminates. However, NAD recommended that Chime qualify claims on its “No Hidden Fees” webpage and television advertising to make clear that the eliminated fees do not include out-of-network ATM fees.