BBB National Programs Decisions
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.
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.