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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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.
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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.
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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.
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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).
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10/19/2021 - National Advertising Division Finds Certain Verizon 5G Claims Supported; Recommends Modification or Discontinuation of Others
New 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.
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10/05/2021 - ChromaDex, Inc. Discontinues Advertising Claims for Tru Niagen Dietary Supplement Following National Advertising Division Challenge
New York, NY – October 5, 2021 – Following a National Advertising Division (NAD) challenge, brought as part of NAD’s routine monitoring of national advertising for truth and transparency, the advertiser ChromaDex, Inc. permanently discontinued advertising claims regarding the performance benefits of its Tru Niagen dietary supplement. The challenged claims included the express claim “increases energy,” as well as a recent testimonial by former NFL star, Shannon Sharpe, a member of the Pro Football Hall of Fame.
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9/28/2021 - DSSRC Refers Earnings and Health-Related Product Performance Claims for Q Sciences to FTC and Utah Attorney General
McLean, VA – September 28, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain earnings and representative product performance claims to the Federal Trade Commission (FTC) and Utah Attorney General’s Office for possible enforcement action after Q Sciences, a direct selling company that distributes and markets health-related and wellness products, failed to adequately respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are health-related product performance claims disseminated by salesforce members on social media implying that Q Sciences’ products can protect against several serious health-related conditions, including COVID-19.
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9/28/2021 - NAD Finds Certain Environmental Benefit Claims for Quilted Northern Ultra Soft & Strong Bathroom Tissue Supported; Recommends Modification of Others
New York, NY – September 28, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Georgia-Pacific Consumer Products LP provided a reasonable basis for the environmental benefit claims referenced below for its Quilted Northern Ultra Soft & Strong Bathroom Tissue, including tree-planting claims, energy-efficient-manufacturing claims, real-life energy and water savings examples, and sustainability claims, and that all such claims were substantiated. NAD recommended, however, that certain claims be modified to more clearly disclose the basis for the claims and to avoid communicating unsupported messages.
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9/23/2021 - Direct Selling Self-Regulatory Council Recommends RootWellness Discontinue Certain Health-Related Product Performance Claims
McLean, VA – September 23, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance claims made by Root Wellness, LLC, a direct selling company that markets and distributes health and wellness nutritional supplement products, and its salesforce be discontinued. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated by Root Wellness on the company website and by salesforce members on social media.