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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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.
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6/28/2022 - In Two Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Discontinued in One, Modification of Disclosures in Other
New York, NY – June 28, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in May 2022. In these cases, AT&T Services, Inc. challenged Charter Communications, Inc.’s (Spectrum) claim that AT&T’s internet service provides unreliable and glitchy internet connectivity to a consumer-noticeable degree for the activities depicted in the commercial, and T-Mobile Puerto Rico, LLC challenged disclosures made by Liberty Mobile Puerto Rico Inc. in connection with certain wireless network performance claims.
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6/23/2022 - National Advertising Division Finds Challenged DuckDuckGo Privacy Claims Supported; Recommends Clarifications for Use of App
New York, NY – June 23, 2022 – The National Advertising Division (NAD) determined that DuckDuckGo provided a reasonable basis for certain claims related to its Privacy Browser mobile app and Privacy Essentials desktop extension. However, NAD recommended that to ensure consumers understand the scope of DuckDuckGo’s privacy protections, DuckDuckGo should modify the challenged advertising to make clear that this protection does not extend to the use of search engines and apps outside of the DuckDuckGo solution.
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6/22/2022 - National Advertising Division Finds Brave, Inc. Claim that it Does Not Share Data with Third Parties Supported; Recommends Two Other Claims be Discontinued
New York, NY – June 22, 2022 – The National Advertising Division (NAD) determined that Brave, Inc. supported the implied claim that its Brave web browser does not share personal data with third parties. However, NAD recommended that the advertiser discontinue two other claims. Brave is an open-source privacy company that offers Shields, a web browser feature that, according to the advertiser, protects a user’s privacy by blocking network requests for third-party advertising and tracking.
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6/15/2022 - Direct Selling Self-Regulatory Council Recommends Stella & DOT Discontinue Salesforce Member Earnings Claims
McLean, VA – June 15, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Stella & DOT salesforce members be discontinued. Stella & DOT is a multi-level direct selling company that sells jewelry, bags, accessories, and women’s clothing headquartered in California. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
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6/09/2022 - National Advertising Division Recommends P&G Discontinue Odor Elimination Claims for Febreze Products; P&G to Appeal
New York, NY – June 9, 2022 – The National Advertising Division (NAD) recommended that The Procter & Gamble Company (P&G) discontinue certain “odor elimination” claims that P&G makes across the Febreze line of home fragrance products, which include the Febreze Air, Light, Fabric, Plug, Small Spaces, Candles, Wax Melts, Car, and Unstopable products. P&G will appeal NAD’s decision.