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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8/05/2021 - Direct Selling Self-Regulatory Council Recommends Limbic Arc Modify and Discontinue Certain Product Performance and Earnings Claims
McLean, VA – August 5, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Limbic Arc, a wellness-related technology product direct selling company, and its salesforce be modified or discontinued. The DSSRC inquiry was commenced through the non-profit watchdog’s 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 Limbic Arc and its salesforce members on social media as well as on the company website.
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8/03/2021 - Direct Selling Self-Regulatory Council Recommends Max International Modify and Discontinue Certain Product Performance Claims
McLean, VA – August 3, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that Max International, LLC, a direct selling company that markets a line of wellness products, discontinue certain health-related product claims made by Max International independent salesforce members on social media. The product claims were brought to Max International’s attention by DSSRC as part of its ongoing independent monitoring of the direct selling marketplace.
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7/27/2021 - NAD Finds “Scientifically Formulated” Claim for Morning Recovery Dietary Supplement Supported; Recommends Modification of “80% Improvement” Claim
New York, NY – July 27, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that More Labs, Inc.’s claim that its Morning Recovery dietary supplement is “scientifically formulated to help you bounce back after drinking” was supported. NAD recommended, however, that the advertiser modify the claim “users of Morning Recovery showed up to 80% improvement on specific hangover symptoms after drinking” to include the specific symptoms which achieved a near 80 percent improvement. The advertiser’s Morning Recovery dietary supplement is promoted to alleviate hangover symptoms if consumed prior to drinking alcohol. The claims at issue, which appeared in internet advertising, were challenged by the Council for Responsible Nutrition (CRN).
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7/22/2021 - Direct Selling Self-Regulatory Council Recommends Mary Kay Modify and Discontinue Certain Social Media and Website Marketing Earnings Claims
McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Mary Kay Inc. modify or discontinue certain express and implied earnings, incentive, and lifestyle claims from social media and corporate marketing materials, including the Mary Kay website. These claims were made by Mary Kay, a company that sells skincare and cosmetic products through a variety of channels including direct sales, as well as by Mary Kay independent consultants. This inquiry, which included approximately 200 examples, was brought to DSSRC by a non-profit, non-governmental advocacy group (NGO).
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7/22/2021 - DSSRC Refers Earnings and Health-Related Product Performance Claims for Alliance in Motion to FTC
McLean, VA – July 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Alliance in Motion Global, a direct selling company that distributes and markets food supplements and premium blended beverages, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated on the company website and by salesforce members implying that Alliance in Motion’s products can protect against several serious health-related conditions, including COVID-19.
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7/21/2021 - National Advertising Division Finds Claim that Kerasal Fungal Nail Renewal “Starts Improving Nail Appearance in Just 2 Days” Supported
New York, NY – July 21, 2021 – The National Advertising Division (NAD) determined that Advantice provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “starts improving nail appearance in just 2 days.” The claim at issue, which appeared on product packaging and in internet advertising, was originally challenged by Arcadia Consumer Healthcare in 2020. After the decision, NAD was informed that the challenger violated the program's Policies and Procedures. NAD closed the case and reopened it through NAD’s monitoring program. The advertiser appealed the decision, withdrew its appeal, agreed to comply with NAD’s recommendations, and then petitioned to reopen the matter with new evidence.
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7/20/2021 - National Advertising Division Finds Safe Catch Tuna Mercury Testing Claims Supported; Recommends Modification or Discontinuance of Certain Other Claims
New York, NY – July 20, 2021 – The National Advertising Division (NAD) determined that Safe Catch, Inc., a manufacturer of pouched and canned tuna products sold under the brands Safe Catch Elite, Safe Catch Ahi Yellowfin Tuna, and Safe Catch Wild Albacore, provided a reasonable basis for several claims but recommended that others be modified or discontinued. The claims at issue were challenged by The National Fisheries Institute (NFI), a non-profit trade association that operates, among other councils, the Tuna Council which represents the largest processors and household names for canned and pouched tuna in the United States.
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7/13/2021 - In Two Fast-Track SWIFT Cases, One Voluntary Discontinuance of Claims, and One National Advertising Division Recommendation to Discontinue Claims
New York, NY – July 13, 2021 – The National Advertising Division (NAD) of BBB National Programs closed two new Fast-Track SWIFT cases in June. Function challenged PerSe Beauty’s “over 192,000 5-star product reviews” claim and Nestle Nutrition challenged Reckitt Benckiser’s exclusivity claims about the ingredients of the Enfamil brand’s Nutramigen line of infant formula products. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.
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6/30/2021 - National Advertising Division Recommends AT&T Modify Certain Claims Comparing its Fiber-Optic Internet Services Upload Speed to Cable; Advertiser to Appeal
New York, NY – June 30, 2021 – The National Advertising Division (NAD) recommended that, in connection with comparative advertising for its fiber-optic internet service, AT&T Services modify the express claim that all cable upload speeds are slow and the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes. NAD further recommended that AT&T modify its “better internet” and “faster internet experience” claims to avoid conveying unsupported messages. AT&T will appeal NAD’s recommendation to modify these claims.
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6/30/2021 - NAD Recommends Modification of “#1 Derm-Trusted Suncare” Claim for Neutrogena; JJCI Appeals Recommendation to Discontinue Other Claim
New York, NY – June 30, 2021 – The National Advertising Division (NAD) of BBB National Programs did not take issue with support provided for Johnson & Johnson Consumer, Inc.’s claim that its Neutrogena brand provides “#1 Derm-Trusted Suncare.” NAD, recommended, however, that JJCI modify its use of the claim in conjunction with the phrase “used most often for themselves and their own families” to avoid misleading consumer takeaways. NAD also recommended that the advertiser discontinue several "#1 Dermatologist Recommended" claims.