BBB National Programs Decisions
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 Division Finds T-Mobile’s “Largest” 5G Network and Other Claims Supported; Recommends Certain Other Claims be Modified or Discontinued
New York, NY – October 20, 2021 – The National Advertising Division (NAD) determined that T-Mobile USA, Inc.’s claim to have the “largest” 5G network is substantiated and that its “5G speeds as fast as Wi-Fi” claim was supported in the context in which it was presented on the advertiser’s website. However, NAD recommended that T-Mobile discontinue the claim that it has the “fastest” 5G network, or qualify the claim to indicate that T-Mobile’s 5G network has the fastest average overall, combined 5G network speeds. NAD also concluded that the Advertiser’s claim “T-Mobile is the leader in 5G coverage and speed” should be modified to limit the claim to its advantages in coverage and average, overall combined 5G speeds.
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).
10/19/2021 - National Advertising Division Finds Certain Verizon 5G Claims Supported; Recommends Modification or Discontinuation of OthersNew York, NY – October 19, 2021 – In the first National Advertising Division (NAD) Complex Track case, NAD determined that certain comparative performance claims for Verizon Wireless, Inc.’s 5G wireless service are supported or are non-actionable puffery. However, NAD recommended other challenged claims be modified or discontinued, including those that overstate the benefits of 5G Ultra Wideband (5G UWB) or obscure the differences between Verizon’s wireless offerings and among its service plans.
10/14/2021 - National Advertising Review Board Finds Certain AT&T Comparative Advertising Claims Supported; Recommends Discontinuation or Modification of Others
New York, NY – October 14, 2021 – The National Advertising Review Board (NARB) has determined that AT&T Services, Inc. properly supported certain comparative advertising claims for its fiber-optic internet service in one commercial and one internet video advertisement. However, it recommended that AT&T discontinue three commercials and discontinue or modify one commercial. The advertising at issue had been challenged by Comcast Cable Communications, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6950), AT&T appealed all of NAD’s recommendations that it modify its claims.