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.
5/02/2022 - Privacy Watchdog Finds T-Mobile in Substantial Compliance with Advertising Privacy Best Practices
McLean, VA – May 2, 2022 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), worked with T-Mobile USA, Inc. to bring it into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. DAAP monitors the digital marketplace for compliance with digital advertising best practices. As part of its ongoing monitoring activity, DAAP conducted a review of T-Mobile’s Privacy Notice, as published on its website.
4/27/2022 - Brilliant Earth Voluntarily Discontinues “Free Diamond Earrings” and “One Day Only!” Claims Following National Advertising Division Challenge
New York, NY – April 27, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge, Brilliant Earth Group, Inc. voluntarily discontinued claims made in connection with the sale of its diamonds and jewelry. These claims were challenged by competitor Blue Nile.
4/27/2022 - National Advertising Review Board Finds Goli Nutrition’s “Apple Cider Vinegar” Gummies Product Name Supported and Not Misleading
New York, NY – April 27, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has determined that Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement.
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.