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.

 

For the full text of NAD, NARB, and CARU decisions, subscribe to the Online Archive. Other case decisions are available publicly: DSSRC and DAAP. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
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  • 3/08/2021 - DSSRC Recommends Direct Selling Company ONEHOPE Modify and Discontinue Certain Earnings Claims

    McLean, VA – March 8, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several earnings claims made by ONEHOPE, a California-based direct selling company that sells wine, coffee, and other comfort beverages, including claims related to the COVID-19 pandemic. The inquiry was commenced through DSSRC’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 on ONEHOPE’s website and the social media accounts of salesforce members.

    • 3/04/2021 - DSSRC Refers Health-Related Product and Earnings Claims for RBC Life Sciences to FTC

      McLean, VA – March 4, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and earnings claims made by RBC Life Sciences to the FTC for possible enforcement action after RBC Life Sciences failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that RBC Life Sciences products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, RBC Life Sciences’ salesforce members have made egregious representations in social media posts about income that can be earned as a member of the RBC Life Sciences salesforce. In addition, on its website, RBC Life Sciences falsely represented that it is an accredited business with the Better Business Bureau and a member of the Direct Selling Association. 

    • 3/03/2021 - NAD Finds Health-Related Claims for Pendulum Glucose Control Medical Probiotic Supported but Recommends Some Modifications

      New York, NY – March 3, 2021 – The National Advertising Division (NAD) determined that certain claims for Pendulum Glucose Control, manufactured by Pendulum Therapeutics, Inc. to help Type 2 diabetes dietary management, were supported by competent and reliable scientific evidence. However, NAD recommended that certain modifications were necessary so that the claims more accurately reflect the limitations in the evidence. The claims at issue were challenged as part of NAD’s routine monitoring program. During the pendency of the case, the advertiser voluntarily modified many of the challenged claims permanently, therefore, NAD did not review these claims on the merits. 

    • 3/02/2021 - NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform

      New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home. 

    • 2/24/2021 - NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim

      A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also recommended that AT&T discontinue the claim that AT&T is “Building 5G on America’s Best Network,” or state in the body of the claim that the “Best Network” referred to is AT&T’s 4G network. The advertising at issue had been challenged by Verizon Wireless, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6401), AT&T appealed and Verizon cross appealed. 

    • 2/23/2021 - NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available

      New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.

    • 2/02/2021 - NAD Recommends Nanoceutical Solutions Discontinue Certain Claims for Nano Glutathione Liquid Dietary Supplement and Modify Instagram Ad

      The National Advertising Division (NAD) recommended that Nanoceutical Solutions discontinue efficacy and establishment claims for its Nano Glutathione liquid dietary supplement due to a failure to provide sufficient evidence for the claims. The claims at issue were challenged by the Council for Responsible Nutrition (CRN). NAD also recommended that Nanoceutical Solutions modify a “Conditions Associated with LOW Glutathione” Instagram advertisement to avoid conveying the misleading message that supplementation with Nano Glutathione can prevent or reduce the risk of the listed health conditions. 

    • 1/28/2021 - NAD Recommends L’Oréal Discontinue “#1 Dermatologist Recommended” Claim for CeraVe; Advertiser to Appeal

      The National Advertising Division (NAD) recommended that L’Oréal USA discontinue claims that CeraVe is the “#1 dermatologist recommended skincare brand” and that it is the “#1 recommended non-OTC moisturizer for acne-prone skin.” The claims at issue, which appeared in online advertising, social media, and in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc., the maker of competing Neutrogena brand facial and body cleansers, moisturizers, and sunscreens.

    • 1/27/2021 - NARB Recommends Comcast Discontinue or Modify “Best In-Home WiFi Experience” Claim and Discontinue its “Roommate” Commercial

      A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Comcast Cable Communications, LLC discontinue its “Roommate” (also referred to as “Living with AT&T”) commercial and discontinue its “Best In-Home WiFi Experience” claim or modify it to refer to the specific attributes for which it can support a superiority claim. The advertising at issue had been challenged by AT&T Services, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6417), Comcast appealed, and AT&T cross-appealed, certain NAD findings and recommendations.

    • 1/22/2021 - DSSRC Recommends Direct Selling Company Magnetude Jewelry Modify and Discontinue Certain Earnings and Product Claims

      McLean, VA – January 22, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) opened an inquiry into several product claims made by Magnetude Jewelry, a multi-level direct selling company that sells bio-magnetic interchangeable jewelry to consumers, as well as a “replace your income” earnings claim. The inquiry commenced through DSSRC’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 on Magnetude’s website and the social media accounts of salesforce members.