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.
1/19/2022 - Direct Selling Self-Regulatory Council Recommends Le-Vel Discontinue Certain Earnings and Health-Related Product Performance Claims in Compliance InquiryMcLean, 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.
12/22/2021 - National Advertising Division Refers Advertising for PLx Pharma’s Vazalore to FTC After Compliance ReviewNew York, NY – December 22, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by PLx Pharma, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action after the company declined to accept NAD’s recommendations to modify certain claims for its Vazalore immediate-release aspirin product.
12/21/2021 - National Advertising Division Recommends Cryo-Cell Discontinue or Modify Certain Health-Related Claims for Cord Blood Banking and Treatment Services
New York, NY – December 21, 2021 – The National Advertising Division (NAD) recommended that Cryo-Cell discontinue the unsupported message that families must engage the advertiser’s cord blood storage services to ensure access to the advertised cord blood infusion treatments, or modify its advertising to avoid conveying the message that consumers have exclusive or superior access to advertised cord blood infusion treatments by virtue of choosing Cryo-Cell for storage services. The advertising at issue was challenged by ViaCord, LLC, a provider of competing cord blood banking services.