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.
11/17/2021 - Air Methods Appeals National Advertising Division Decision That it Modify or Discontinue Certain Advertising Claims for Air Ambulance Transport
New York, NY – November 17, 2021 – The National Advertising Division (NAD) recommended that Air Methods modify or discontinue certain advertising claims for its Air Ambulance Transport. Air Methods will appeal that decision. The claims at issue were challenged by Global Medical Response, Inc. (GMR) and Air Evac EMS, Inc., a competitor in the emergency air medical transport services industry. Many of the challenged advertising claims relate to membership programs and fees associated with the air medical transport of patients. Notably, the challenger offers a subscription membership program, but Air Methods does not.
11/16/2021 - National Advertising Division Finds Certain Environmental Benefit Claims for Everlane ReNew Clothing Supported; Recommends Modification of Others
New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that Everlane, Inc. provided a reasonable basis for certain environmental benefit claims for its ReNew line of clothing. However, NAD recommended that certain other claims should be modified. The claims, which appeared on the advertiser’s website related to its ReNew line of clothing, were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising.
11/16/2021 - National Advertising Division Finds The Coldest Water, LLC Takes Appropriate Measures to Disclose Material Connections in TikTok Influencer Advertising
New York, NY – November 16, 2021 – The National Advertising Division (NAD) determined that appropriate efforts were made by The Coldest Water, LLC to ensure that its influencers’ material connections were disclosed in TikTok videos for its Coldest Water bottle. After being referred to the FTC in June 2021 for failure to participate in an NAD inquiry, The Coldest Water, LLC decided to engage with NAD’s self-regulatory process and made modifications to its advertising.
11/15/2021 - dōTERRA Discontinues Health-Related Product Performance and Earnings Claims Pursuant to DSSRC Compliance Inquiry
McLean, VA – November 15, 2021 – dōTERRA discontinued certain product performance and earnings claims as part of a compliance inquiry initiated by the Direct Selling Self-Regulatory Council (DSSRC), an action that DSSRC deemed necessary and appropriate. dōTERRA is a direct selling company that sells essential oils and related products. Central to this inquiry was a concern that these challenged claims were similar to claims from a 2019 DSSRC inquiry with dōTERRA.
11/10/2021 - In Two Fast-Track SWIFT Cases, NAD Recommends Advertiser Claims be Discontinued in One, and Advertiser Voluntarily Discontinues Claims in the Other
New York, NY – November 10, 2021 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October. Stokely-Van Camp challenged BA Sports Nutrition’s social media posts about the comparative taste of its BodyArmor flavored sports drinks vs. Gatorade’s. The Procter & Gamble Company challenged Art of Sport Group, Inc.’s superiority and disparagement claims in its Instagram videos featuring Old Spice and Art of Sport deodorant canisters “competing” in hurdle and vault competitions. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.
11/10/2021 - S.C. Johnson Appeals NAD Recommendations to Modify Superior Strength, Unbeatable Freshness and Unbeatable Protection Claims for Ziploc Storage Bags
New York, NY – November 10, 2021 – S.C. Johnson & Son, Inc. will appeal a BBB National Programs National Advertising Division (NAD) decision that the company modify certain claims for its Ziploc storage bags to make clear the relevant conditions under which consumers would experience the claimed benefits. The claims at issue, which appeared in two commercials on Amazon.com, on Ziploc’s product packaging, on free-standing inserts, and on Ziploc’s website, were challenged by Reynolds Consumer Products, LLC, the manufacturer of Hefty storage bags.
11/09/2021 - Direct Selling Self-Regulatory Council Recommends Chalk Couture Discontinue Inaccurate Earnings Claims
McLean, VA – November 9, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain earnings claims disseminated by Chalk Couture and its salesforce members, be discontinued. Chalk Couture is a direct selling company that sells do-it-yourself home decor products.
10/26/2021 - National Advertising Division Recommends T-Mobile Discontinue Gwen Stefani and Tom Brady Super Bowl Commercials
New York, NY – October 26, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile USA, Inc. discontinue two television commercials for its 5G network that were challenged by competitor AT&T Services, Inc. The challenged commercials, which premiered during the 2021 Super Bowl, feature well-known celebrities, Gwen Stefani and Tom Brady, engaging in video conversations on their cell phones.
10/26/2021 - Direct Selling Self-Regulatory Council Recommends Lifebrook Discontinue Health-Related Product Performance and Earnings Claims
McLean, VA – October 26, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims disseminated by Lifebrook LLC and its salesforce members, be discontinued. Lifebrook is a direct selling company that sells juices, supplements, and other products containing Aronia berries. Central to this inquiry was a concern that the product performance claims and earnings claims at issue communicated that Lifebrook products can treat and protect against serious health-related conditions.
10/20/2021 - National Advertising Review Board Recommends Johnson & Johnson Discontinue “#1 Dermatologist Recommended Skincare Brand” Claim for Neutrogena
New York, NY – October 20, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that Johnson & Johnson Consumer Inc. (JJCI) discontinue the claim that its Neutrogena brand is the “#1 Dermatologist Recommended Skincare Brand.” The advertising at issue had been challenged by L’Oréal USA, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6926), JJCI appealed NAD’s recommendation to discontinue the claim “#1 Dermatologist Recommended Skincare Brand,” as well as NAD’s determination that the challenge was not foreclosed by NAD’s prior decision in Neutrogena Corporation (Neutrogena Products, 2008).