BBB National Programs Decision Summaries

New York, NY – May 25, 2022 – The National Advertising Division (NAD) recommended that Goli Nutrition modify its advertising to avoid conveying challenged implied product efficacy claims for its Ashwagandha Gummies dietary supplement and modify or discontinue a qualified claim about the ability of the ingredient KSM-66 Ashwagandha Root Extract to affect physical performance.

McLean, VA – May 24, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by My LaLa Leggings salesforce members be discontinued. My LaLa Leggings is an affiliate-based marketing company for clothing, located in Palmdale, CA. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry. 

New York, NY – May 05, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Merck Animal Health discontinue its “Best in Show” commercial for Bravecto brand flea and tick preventative based on the NARB panel’s finding that the 30-second commercial reasonably communicates an implied misleading and unsupported message that a rival company’s NexGard brand flea preventative fails to protect against fleas for twelve weeks because of a lack of efficacy. 

New York, NY – May 4, 2022 – The National Advertising Division (NAD) determined that CoStar Group, Inc. has a reasonable basis for certain Apartments.com claims, however, NAD recommended that CoStar modify or discontinue certain popularity claims, discontinue several of the challenged conversion and web prevalence claims, and modify or discontinue certain website/service feature claims. 

McLean, VA – May 2, 2022 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), worked with T-Mobile USA, Inc. to bring it into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. DAAP monitors the digital marketplace for compliance with digital advertising best practices. As part of its ongoing monitoring activity, DAAP conducted a review of T-Mobile’s Privacy Notice, as published on its website. 

New York, NY – April 27, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge, Brilliant Earth Group, Inc. voluntarily discontinued claims made in connection with the sale of its diamonds and jewelry. These claims were challenged by competitor Blue Nile.

New York, NY – April 27, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has determined that Goli Nutrition, Inc. supported its express use of the term “Apple Cider Vinegar” in the product name of its Apple Cider Vinegar (ACV) Gummies dietary supplement. 

New York, NY – April 26, 2022 – The National Advertising Division (NAD) determined that Innovix Pharma, manufacturer of OmegaVia Fish Oil and OmegaVia EPA dietary supplements, can make qualified claims about EPA and DHA supplementation to support heart health in addition to a healthy diet and exercise, but should discontinue the challenged product performance claims and testimonials relating to heart health and triglyceride management. The claims at issue were challenged by Amarin Pharma, Inc., the manufacturer of the FDA-approved cardiovascular drug Vascepa. 

McLean, VA – April 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain health-related product performance claims made by Daxen, Inc. salesforce be discontinued. Central to this inquiry was a concern that the challenged product performance claims communicated unsupported health-related product performance claims.