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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  • 8/18/2021 - Direct Selling Self-Regulatory Council Refers Earnings Claims for ByDzyne to FTC

    McLean, VA – August 18, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after ByDzyne, a direct selling company that sells a variety of health and wellness, technology, beauty, and travel products, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated on the company website and by salesforce members on social media. 

  • 8/17/2021 - National Advertising Division Finds SharkNinja’s NeverStick Cookware Brand Name Not Misleading, But Recommends “Never Sticks” Claims be Discontinued

    New York, NY – August 17, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that the name NeverStick, used for SharkNinja Operating, LLC’s non-stick cookware, was not false or misleading when used as a brand name standing alone. However, NAD recommended that the advertiser discontinue express and implied claims that its Foodi NeverStick cookware “never sticks,” such as “the NeverStick cookware that NEVER sticks, chips or flakes” and “grab the cookware that never sticks.” NAD also recommended that SharkNinja discontinue claims that NeverStick has a “lifetime guarantee.” The claims at issue were challenged by Sunbeam Products, Inc. 

  • 8/11/2021 - Advertising Claims Discontinued for DAB Defense Against Bacteria Hand Sanitizer + Protectant Following National Advertising Division Challenge

    New York, NY – August 11, 2021 – Following a BBB National Programs National Advertising Division (NAD) challenge brought by S.C. Johnson & Son, Inc., the advertiser Three Kings Corporation permanently discontinued express and implied advertising claims from websites and social media regarding the effectiveness and duration of the antibacterial properties of its DAB Defense Against Bacteria Hand Sanitizer + Protectant.

  • 8/10/2021 - National Advertising Division Finds Butterball’s Qualified “All Natural” Claims Supported; Recommends Certain Other Claims be Modified or Discontinued

    New York, NY – August 10, 2021 – The National Advertising Division (NAD) of BBB National Programs determined that Butterball, LLC provided a reasonable basis for several claims for its turkey products but recommended that others be modified or discontinued. The claims at issue were challenged by Animal Outlook (AO), a not-for-profit animal rights organization.

  • 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.

  • 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.

  • 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). 

  • 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).

  • 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. 

  • 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.