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.
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8/03/2022 - National Advertising Division Finds Certain WaterWipes Claims for Infant Cleansing Wipes Supported, Recommends Others be Discontinued
New York, NY – August 3, 2022 – The National Advertising Division (NAD) determined that certain claims made by WaterWipes regarding the type and purity of ingredients used in its infant cleansing wipes were supported in context. However, NAD found that other claims that expressly or impliedly convey that competing baby wipes with more ingredients are harmful or can “cause or exacerbate diaper rash” were unsupported and recommended that they be discontinued.
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8/02/2022 - Children’s Advertising Review Unit Finds Firefly Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines; Company Agrees to Corrective Actions
McLean, VA – August 2, 2022 – The Children’s Advertising Review Unit (CARU) of BBB National Programs has found Firefly Games, owner and operator of the LOL Surprise! Room Makeover app, in violation of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection. Firefly Games agreed to correct the violations.
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7/26/2022 - Direct Selling Self-Regulatory Council Recommends Root Wellness Discontinue Certain Health-Related Product Claims in Compliance Inquiry
McLean, VA – July 26, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising communicated by Root Wellness LLC that had been the subject of an inquiry from 2021. In this compliance inquiry, DSSRC identified four claims challenged in the 2021 inquiry that are still publicly accessible, as well as 29 new health-related claims, among other issues.
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7/21/2022 - National Advertising Division Finds SmileDirectClub “60% Less Than Invisalign” Claim Supported with Modifications
New York, NY – July 21, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that SmileDirectClub, LLC's claim that its treatment costs "60% less than Invisalign," without further qualification, was overly broad.
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7/14/2022 - National Advertising Division Finds “#1 CDP” Claims for Twilio Customer Data Platform Supported, With Qualification
New York, NY – July 14, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Twilio Inc. provided a reasonable basis for claims that its customer data platform is the “#1 CDP,” provided it makes clear that the basis for such claim is 2020 market share, as measured by the International Data Corporation (IDC). Accordingly, NAD recommended that the advertiser make certain modifications to the claim as it appears in Google search results, press releases, a Twilio billboard, and on Twilio’s website.
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7/14/2022 - Primark Modifies its Advertising to Comply with Children’s Advertising Review Unit Guidelines
McLean, VA – July 14, 2022 – The Children’s Advertising Review Unit (CARU) has determined that Primark US Corp.’s product advertising to children failed to comply with CARU’s Advertising Guidelines, specifically a new provision, which became effective in January of this year, stating that advertising should not portray or encourage negative social stereotyping, prejudice, or discrimination. CARU recommended that the advertiser modify its gender-restrictive advertising and Primark has agreed to the modifications.
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7/13/2022 - National Advertising Division Recommends Sanofi Discontinue “#1 Doctor Recommended” Claims for Zantac 360; Sanofi to Appeal
New York, NY – July 13, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Sanofi Consumer Healthcare discontinue “#1 doctor recommended” claims for its Zantac 360 heartburn medicine. Sanofi will appeal NAD’s decision. The claims, which appeared on Sanofi’s social media pages, the websites of third-party retailers, and in a television commercial, were challenged by Johnson & Johnson Consumer, Inc., manufacturer of competing Pepcid products.
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7/07/2022 - National Advertising Division Recommends SharkNinja Modify or Discontinue Various Comparative Superiority Claims for Shark HyperAir Hair Dryer
New York, NY – July 7, 2022 – The National Advertising Division (NAD) recommended that SharkNinja modify or discontinue various challenged express and implied claims made in a 30-minute infomercial where its Shark HyperAir hair dryer is compared in various ways to the Dyson Supersonic and traditional hair dryers.
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7/06/2022 - Children’s Advertising Review Unit Finds Outright Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines; Company Agrees to Corrective Actions
McLean, VA – July 6, 2022 – The Children’s Advertising Review Unit (CARU) has found Outright Games, owner and operator of the Bratz Total Fashion Makeover app, in violation of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection. Outright Games agreed to correct the violations.
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6/29/2022 - National Advertising Division Recommends Dakota Nutrition Discontinue Claims that Dietary Supplements Contain Elderberry
New York, NY – June 29, 2022 – The National Advertising Division (NAD) recommended that Dakota Nutrition, Inc. discontinue challenged express and implied claims that its dietary supplements contain the ingredient elderberry. This recommendation applies to marketing claims for three products: Extra Strength Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules.