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.
12/21/2021 - National Advertising Review Board Recommends that Mint Mobile Discontinue or Modify “UNLIMITED” and “UNLTD” Claims for its High-Speed Data Plan
New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly communicate that its plan does not offer unlimited high-speed data. The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process.
12/14/2021 - National Advertising Division Recommends Comcast Discontinue “Unlimited 5G” and “Best Price” Claims for Xfinity 5G Mobile Plans
New York, NY – December 14, 2021 – The National Advertising Division (NAD) recommended that Comcast Cable Communications, LLC discontinue certain “Unlimited 5G” and “best price” claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.
12/09/2021 - In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed
New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency of disclosures in video advertising by PLx Pharma Inc. for its Vazalore aspirin product; NAOOA challenged comparative claims about other olive oils sold in the US, made by olive oil manufacturer Brightland; and P&G challenged “#1 Brand” claims made by Perrigo in print and online advertising for its Plackers brand dental floss products.
12/08/2021 - Direct Selling Self-Regulatory Council Refers Social Media Earnings Claims for Dot Dot Smile to the FTC and California Attorney General for Possible Enforcement
McLean, VA – December 08, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) and the California Attorney General's Office for possible enforcement action after Dot Dot Smile, a direct selling company that sells children’s clothing, failed to adequately respond to DSSRC’s inquiry.
12/01/2021 - National Advertising Division Finds Certain Bausch + Lomb Claims for INFUSE Contact Lenses Supported; Advertiser Appeals Other Findings
New York, NY – December 1, 2021 – The National Advertising Division (NAD) determined that Bausch Health provided a reasonable basis for certain INFUSE silicone hydrogel (SiHy) daily contact lens and lens property claims. However, NAD recommended other challenged claims be modified or discontinued. The claims, which appeared in an INFUSE contact lens brochure directed to Eye Care Professionals (ECPs), along with substantially similar claims appearing in a video and on a consumer-facing website, were challenged by Alcon Vision, LLC, manufacturer of competing DAILIES TOTAL1 (DT1) contact lenses. B+L will appeal NAD’s decision.
11/30/2021 - National Advertising Division Recommends Byte Disclose Incentivized Reviews for Aligner Products
New York, NY – November 30, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Straight Smile, LLC (Byte) take reasonable measures to provide clear and conspicuous disclosures informing consumers that the review was incentivized for each incentivized review on its website and on BestCompany.com, and discontinue its advertising ranking on BestCompany.com or modify the advertising to ensure that consumers clearly understand that Best Company’s ranking is advertising for Byte and not an honest review from an independent third party. The claims were challenged by SmileDirectClub, LLC.
11/24/2021 - Direct Selling Self-Regulatory Council Recommends Daxen Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – November 24, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Daxen, Inc. and its salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated aggressive and unsupported health-related product performance claims. The claims that were the subject of the inquiry were disseminated by Daxen salesforce members on social media.
11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue “America’s . . . Most Reliable 5G Network” and Other Claims
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue certain advertising claims for T-Mobile’s 5G network. T-Mobile will appeal NAD’s decision. The claims, which appeared in television, radio, and internet advertising, were challenged by Verizon Communications, Inc.
11/23/2021 - T-Mobile Appeals National Advertising Division Recommendation to Discontinue Claims that T-Mobile Has the Most Reliable 5G Network According to umlaut
New York, NY – November 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile discontinue all claims that it has the most reliable 5G network according to the third-party testing company, umlaut. T-Mobile will appeal NAD’s decision. The express and implied claims, which appeared in two television commercials and internet advertising, were challenged by AT&T Services, Inc.
11/18/2021 - NAD Finds AT&T’s “Faster Internet Experience” Claim Supported in Large File Upload and Self-Comparative Contexts; Advertiser Appeals Other Findings
New York, NY – November 18, 2021 – The National Advertising Division (NAD) determined that the AT&T Services, Inc. claim to have a “faster internet experience” than cable with respect to large file uploads was supported in the context in which it was presented, as well as the claim that AT&T Internet delivers “consistent speed, even at peak times.” However, NAD recommended that AT&T discontinue or modify other challenged comparative performance, pricing, and bandwidth claims. The claims, which appeared on television, radio, the advertiser’s webpage, and on an outdoor ad, were challenged by Charter Communications, Inc.