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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1/27/2022 - National Advertising Division Finds BestCompany.com “Moderated Reviews” Claim Supported; Recommends Other Claims be Modified or Discontinued
New York, NY – January 27, 2022 – The National Advertising Division (NAD) determined that BestCompany.com, LLC provided a reasonable basis for the claim that all reviews posted on BestCompany.com are “moderated through a tech-enabled, proprietary, 7-point moderation process to ensure they are real and authentic.” However, NAD recommended the advertiser discontinue certain express and implied claims related to the advertiser’s message that Best Company is an independent and impartial review site.
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1/25/2022 - Direct Selling Self-Regulatory Council Refers BE Factor Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – January 25, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after BE Factor (also known as BE Rules and formerly known as Melius), a direct selling company that markets forex and cryptocurrency trading package subscriptions, failed to adequately respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.
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1/20/2022 - Direct Selling Self-Regulatory Council Recommends Surge365 Discontinue Misleading Earnings Claims
McLean, VA – January 20, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Surge365 and its salesforce members be discontinued. Surge365 is a multi-level direct selling company that offers discounts on hotels, rentals, cruises, flights, and other travel services. The claims that were the subject of the inquiry were disseminated on social media and the company’s website.
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1/20/2022 - National Advertising Review Board Recommends Air Methods Modify or Discontinue Certain Claims; Upholds Appeal for Others
New York, NY – January 20, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Air Methods Corporation modify or discontinue certain advertising claims for its Air Ambulance Transport service. The panel also upheld the advertiser’s appeal as to other claims. The advertising at issue had been challenged by Global Medical Response, Inc. and its subsidiary, Air Evac EMS, Inc. (collectively, GMR), before the National Advertising Division (NAD).
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1/19/2022 - Direct Selling Self-Regulatory Council Recommends Le-Vel Discontinue Certain Earnings and Health-Related Product Performance Claims in Compliance Inquiry
McLean, VA – January 19, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Le-Vel Brands, LLC that had been the subject of an inquiry from 2020. DSSRC recommended that the new product performance and earnings claims identified in the compliance inquiry, made by Le-Vel salesforce members, be discontinued. Le-Vel is a multi-level direct selling company that sells health and wellness products. -
1/19/2022 - National Advertising Division Finds Glad Trash Bags Product Packaging Not Misleading; Recommends Glad Discontinue or Modify Other Advertising Claims
New York, NY – January 19, 2022 – The National Advertising Division (NAD) determined that product packaging for Glad Products Company’s ForceFlex Plus with Clorox Tall Kitchen Drawstring Bags appropriately ties the Clorox brand to its odor elimination role, and that product packaging for Glad’s Quick-Tie Tall Kitchen CloroxPro Trash Bags does not have the potential to confuse consumers. Reynolds Consumer Products LLC challenged express and implied claims on Glad’s product packaging, product webpages, and commercials.
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1/18/2022 - Direct Selling Self-Regulatory Council Recommends Immunotec Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – January 18, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Immunotec and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Immunotec salesforce members on social media as well as on the company website. Immunotec is a direct selling company that sells nutritional products and supplements.
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1/13/2022 - National Advertising Review Board Recommends PLx Pharma Either Discontinue or Modify “Clinically Shown” Claim for its Vazalore Aspirin Product
New York, NY – January 13, 2022 – A panel of the National Advertising Review Board (NARB) recommended that PLx Pharma Inc. either discontinue use of the claim that Vazalore “is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin” or modify it to disclose as part of the main claim that the clinical evidence is based on a seven-day study comparing a 325mg dose of Vazalore to a 325mg dose of immediate release aspirin. The advertising at issue had been challenged by Bayer Healthcare, LLC before the National Advertising Division (NAD).
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1/12/2022 - Advertiser Voluntarily Discontinues Claim in National Advertising Division Fast-Track SWIFT Case
New York, NY – January 12, 2022 – The National Advertising Division (NAD) of BBB National Programs closed one Fast-Track SWIFT case in December. In that case, Dyson, Inc. challenged SharkNinja Operating LLC’s claim that the Shark HyperAIR hair dryer is the industry’s “first and only high velocity hair dryer and styling system.”
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1/12/2022 - National Advertising Review Board Recommends that Perrigo Discontinue “#1 Brand of Flossers” Claims for its Plackers Brand Dental Floss Products
New York, NY – January 12, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Perrigo Company, PLC discontinue the claim that its oral care business’ Plackers floss product is the “#1 Brand of Flossers.” The advertising at issue had been challenged by the Procter & Gamble Company (P&G) before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7065), Perrigo appealed NAD’s recommendations.