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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5/25/2021 - Claims Comparing TVision Live Service to Cable TV Discontinued Due to T-Mobile’s Termination of the Service During National Advertising Division Challenge
New York, NY – May 25, 2021 – T-Mobile USA, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued challenged claims made in connection with its TVision Live service, including that TVision Live is half the price of cable and allows customers to watch “only what you want.” During the proceeding, the advertiser informed NAD that the TVision Live service has been discontinued and, as a result, the challenged claims were also permanently discontinued.
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5/19/2021 - National Advertising Division Refers Quicken Loans’ “No Registration, No Login” Claims to Federal Trade Commission for Further Review
New York, NY – May 19, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Quicken Loans to the Federal Trade Commission (FTC) for review. Through its routine monitoring program, NAD challenged “No Registration, No Login” claims made by Quicken Loans in connection with encouraging consumers to refinance their mortgage and learn more about its low refinancing rates. The advertiser did not respond to NAD’s request to provide substantiation for its claims.
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5/19/2021 - Lemonade, Inc. Voluntarily Discontinues Certain Pet Health Insurance Claims Following National Advertising Division Challenge
New York, NY – May 19, 2021 – Lemonade, Inc., a provider of pet health insurance, informed the National Advertising Division (NAD) that it has permanently discontinued challenged express claims regarding the speed at which consumers can expect veterinarian claims to be paid by Lemonade. The advertiser’s claims, which appeared in online advertising and social media, were challenged by Trupanion, Inc., which offers competing pet insurance policies. During the proceeding, the advertiser informed NAD that it had permanently discontinued the challenged express claims.
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4/28/2021 - Children’s Advertising Review Unit Determines Development Platform Unity Did Not Have Actual Knowledge of Ad SDK Data Collection in Child-Directed Apps
McLean, VA – April 28, 2021 – The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, determined that Unity Technologies did not have actual knowledge, as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s Guidelines for Online Privacy Protection, that the company’s advertising software developer kit (Ads SDK) was collecting persistent identifiers from child-targeted apps Number Coloring and Cats and Cosplay.
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4/27/2021 - National Advertising Division Recommends Charter Communications Discontinue Spectrum Mobile “Fastest Overall Speeds” Nationwide Claim; Advertiser to Appeal
New York, NY – April 27, 2021 – The National Advertising Division (NAD) determined that evidence offered by Charter Communications to support its claim that Spectrum Mobile delivers the “fastest overall speeds” nationwide was not a good fit. In recommending that the claim be discontinued, NAD found that Charter is not delivering an “overall fastest” (aggregated) speed to the consumer. It is only when the consumer is in certain geographic markets or connected to Spectrum WiFi (at home or via hotspot) that the consumer gains a speed advantage over competing providers. Charter will appeal NAD’s recommendation. The claim that Spectrum Mobile offers “the fastest overall speeds,” which appeared in website advertisements, television, radio, as well as internet commercials, was challenged by AT&T Services.
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4/22/2021 - National Advertising Division Recommends Natural Diamond Council Discontinue Certain Advertising Claims on Benefits of Mined Versus Man-Made Diamonds
New York, NY – April 22, 2021 – The National Advertising Division (NAD) recommended that the Natural Diamond Council discontinue certain advertising claims comparing mined diamonds with man-made diamonds, including the carbon emissions associated with diamond mining compared with diamond manufacturing, the scarcity of mined diamonds, the resale value of mined diamonds versus man-made diamonds, as well as claims that described mined diamonds as “real”, in contrast to man-made diamonds. The claims at issue, which appeared on the Natural Diamond Council’s website and in marketing assets that the advertiser makes available to retailers, were challenged by Diamond Foundry, Inc., a manufacturer of laboratory-grown diamonds (LGDs).
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4/21/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Bulavita to FTC
McLean, VA – April 20, 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 Bulavita 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 Bulavita products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Bulavita salesforce members have made misleading representations in social media posts about income that can be earned as a member of the Bulavita salesforce.
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4/15/2021 - NAD Finds Certain Zarbee’s Claims Clearly Identify Honey as The Source of the Cough Soothing Benefit in its Cough Products; Recommends Modification of Others
New York, NY – April 15, 2021 – The National Advertising Division (NAD) determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD recommended modification of other claims to make clear that the cough soothing benefit is attributable to the honey and not the combination of main ingredients. The claims at issue, which appeared on product packaging, website advertising, third-party retailer websites, and on social media, were challenged by Maty’s Healthy Products, LLC.
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4/13/2021 - NuWave Voluntarily Modifies Certain OxyPure Air Purifier Claims Following National Advertising Division Inquiry into Implied COVID-19 Messages
New York, NY – April 13, 2021 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, NuWave LLC modified claims on its website and in a YouTube video which conveyed implied messages that its OxyPure Air Purifier is effective against COVID-19. The challenged express claims for the OxyPure Air Purifier were identified through NAD's routine monitoring program.
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4/08/2021 - NAD Recommends J.G. Wentworth Company Modify its “Cash Now” Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment
New York, NY – April 8, 2021 – The National Advertising Division (NAD) recommends that the J.G. Wentworth Company modify its advertising to disclose that its offer of “cash now,” in exchange for purchase of the customer’s structured settlement or annuity payment rights, is not immediate, but requires a process that takes, on average, seven weeks to complete. Further, NAD recommended that where there is an implied message that a customer’s receipt of the lump sum is immediate, the advertiser should modify its advertising to clearly and conspicuously disclose material information about the cash-delivery delay.