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.
4/26/2022 - National Advertising Division Finds Innovix Pharma Qualified Claims Supported; Recommends Certain OmegaVia Performance Claims be Discontinued
New York, NY – April 26, 2022 – The National Advertising Division (NAD) determined that Innovix Pharma, manufacturer of OmegaVia Fish Oil and OmegaVia EPA dietary supplements, can make qualified claims about EPA and DHA supplementation to support heart health in addition to a healthy diet and exercise, but should discontinue the challenged product performance claims and testimonials relating to heart health and triglyceride management. The claims at issue were challenged by Amarin Pharma, Inc., the manufacturer of the FDA-approved cardiovascular drug Vascepa.
4/20/2022 - Direct Selling Self-Regulatory Council Recommends Daxen Discontinue Certain Health-Related Product Performance Claims
McLean, VA – April 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain health-related product performance claims made by Daxen, Inc. salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated unsupported health-related product performance claims.
4/20/2022 - National Advertising Division Finds Spectrum’s “Most Consistent Download Speeds” Claim Supported; Recommends Others be Modified or Discontinued
New York, NY – April 20, 2022 – In a challenge brought by AT&T Services. Inc., the National Advertising Division (NAD) of BBB National Programs determined that Charter Communications, Inc. substantiated the “most consistent download speeds” claim for its Spectrum Internet service. However, NAD recommended that the advertiser discontinue certain implied and comparative claims.
4/13/2022 - In Two Fast-Track SWIFT Cases, NAD Recommends Spectrum Modify or Discontinue Claims and Vision Direct Voluntarily Discontinues Claim
New York, NY – April 13, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in March. In these cases DIRECTV challenged Charter Communications claims regarding the availability of sports channels and sports programming on DIRECTV’s streaming service (DIRECTV Stream), and the American Optometric Association (AOA) challenged the website claim made by Vision Direct that it “operate[s] in line with the Fairness to Contact Lens Consumers Act (FCLCA).”
4/12/2022 - National Advertising Division Recommends Clif Bar Discontinue Claim “The Ultimate Energy Bar” with “An Optimal Blend of Protein, Fat, and Carbs”
New York, NY – April 12, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Clif Bar & Company discontinue the challenged claim “The Ultimate Energy Bar” with “an optimal blend of protein, fat and carbs,” which appeared in an online commercial for its CLIF Energy Bars. This express claim, along with several implied claims, was challenged by Kind LLC, maker of competing energy bars.
4/07/2022 - National Advertising Review Board Recommends Bausch + Lomb Discontinue or Modify Certain Claims for INFUSE Contact Lenses
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.
4/05/2022 - Direct Selling Self-Regulatory Council Recommends Tastefully Simple Discontinue Earnings Claims
McLean, VA – April 5, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Tastefully Simple, Inc. salesforce members be discontinued. Tastefully Simple is a multi-level marketing company that sells meal kits and other prepared food products. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
3/31/2022 - Direct Selling Self-Regulatory Council Recommends Innov8tive Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Innov8tive Nutrition and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Innov8tive and its salesforce members on Facebook as well as on the company website. Innov8tive is a direct selling company that sells nutritional supplements delivered in patch form.
3/30/2022 - Direct Selling Self-Regulatory Council Refers FutureNet Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after FutureNet, Inc., a direct selling company offering online platforms and networking services, failed to 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.
3/29/2022 - Direct Selling Self-Regulatory Council Recommends Young Living Discontinue Certain Health-Related Product Claims in Compliance Inquiry
McLean, VA – March 29, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Young Living Essential Oils, LLC that had been the subject of an inquiry from 2020. In this compliance inquiry, DSSRC identified new claims that referred to similar health-related claims that were challenged in the 2020 inquiry, including claims that Young Living’s products can effectively treat COVID-19 and its symptoms.