BBB National Programs Decision Summaries

New York, NY – April 6, 2021 – The National Advertising Division (NAD) recommended that Jetty Insurance Agency, LLC modify its comparative advertising claims to clearly disclose the distinctions between its “admitted” surety bond product and LeaseLock, Inc.’s surplus-line lease insurance product. NAD further recommended that Jetty modify its advertising to avoid conveying unsupported messages regarding the damage coverage limits of the parties’ respective products. The claims at issue, which appeared in digital materials, email, sales presentations, sales sheets, and other advertising for the Jetty Security Deposit Alternative Plan were challenged by LeaseLock, Inc.

New York, NY – March 31, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that doTERRA International, LLC discontinue a “Certified Pure Therapeutic Grade” claim as well as any use of the term “therapeutic grade” to describe doTERRA’s products. The NARB panel recommendation extends to claims that distinguish doTERRA’s essential oils as qualitatively different or more efficacious than those not considered “therapeutic grade.” NARB has also recommended doTERRA discontinue express and implied aromatherapy claims that promote health and wellness benefits from essential oils and doTERRA essential oil products. The advertising at issue had been challenged by S.C. Johnson & Son, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6420), doTERRA appealed NAD’s recommendation to discontinue some of the claims under review.

New York, NY – March 25, 2021 – The National Advertising Division (NAD) determined that Comcast Cable Communications provided a reasonable basis for a qualified claim that by switching to Xfinity Mobile wireless customers can “save hundreds” and “up to $400 a year” on their wireless bill. NAD recommended, however, that Comcast disclose the basis of the claim to avoid overstating the comparative benefits. In addition, NAD recommended that Comcast modify certain savings claims that failed to adequately disclose the material differences in the plans compared. NAD also concluded that Comcast’s use of a fully-shaded map of the contiguous United States, in conjunction with its 5G claims, conveys a supported message. However, NAD recommended Comcast modify its marketing email to disclose clearly and conspicuously that 5G is “only available in parts of select cities.” Further, NAD recommended that Comcast modify its advertising to make clear the basis for its “#1 customer satisfaction” claim (a recent American Customer Satisfaction Index survey report) and avoid conveying that this claim is based on or connected to its 5G offering.

McLean, VA – March 24, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance claims for the Primocyn product line, made by UWell Life, Inc. and its salesforce members, to the Federal Trade Commission (FTC) for possible enforcement action after UWell Life failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are product performance claims made on the Primocyn product website and disseminated by salesforce members on social media implying that Primocyn products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, UWell Life salesforce members implied that Primocyn products have been approved by the FDA. 

New York, NY – March 24, 2021 – The National Advertising Division (NAD) determined that Ford Motor Company provided a reasonable basis for certain “best-in-class” and historical claims, as well as for identifying the 2021 Ford Bronco in its advertising as part of the “medium traditional utilities” class. The claims at issue, which appeared in digital advertising, on Ford’s website, in press releases and a media kit, and in print advertising, were challenged by FCA US LLC, maker of Jeep brand vehicles.

New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that certain website disclosures used in connection with claims for Comcast Cable Communication, Inc.’s Xfinity 5G wireless service clearly and conspicuously disclosed the limited availability of the 5G service at the time. However, NAD recommended that the advertiser modify a challenged Amy Poehler commercial, as well as two other related 5G claims, with more conspicuous disclosures. The claims at issue were challenged by AT&T Services, Inc. 

New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that Boost Mobile supported the “Talk & Text” portion of the claim “Unlimited Data, Talk & Text” for its 4G LTE data plans. The advertising industry watchdog recommended, however, that Boost discontinue the claims “Unlimited SD Streaming,” “Unlimited HD Streaming,” and “Unlimited Data,” because these were not substantiated and could not be cured by a disclosure. Boost will appeal NAD's recommendation regarding its “Unlimited Data” claim. AT&T Services, Inc. challenged Boost’s claims on the basis that the 4G LTE data plans are throttled to 2G speeds after the consumer hits the monthly data cap.