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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3/17/2021 - Three NAD Fast-Track SWIFT Cases Resolved; One Claim Supported, One Recommendation to Discontinue Claim, One Claim Voluntarily Discontinued
New York, NY – March 17, 2021 – The National Advertising Division (NAD) of BBB National Programs announced the resolution of three new Fast-Track SWIFT cases: T-Mobile challenged Verizon’s depiction of a 5G coverage map, Prose challenged Function’s “over 110,000 5-star product reviews” claim, and Lidl challenged certain Aldi comparative pricing claims. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases.
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3/16/2021 - NAD Finds SmileDirectClub “60% Less Than Braces” Claim Supported with Modifications; Recommends “60% Less Than Other Brands” Claim be Discontinued
New York, NY – March 16, 2021 – The National Advertising Division (NAD) determined that SmileDirectClub, LLC provided a reasonable basis for the claim that their treatment system costs “60% less than braces,” but recommended SmileDirectClub modify the claim to ensure that consumers are provided with all material information relevant to its price comparison, and NAD also recommended that SmileDirectClub discontinue the claim “60% less than other brands." The claims at issue, which appeared in online advertising, were challenged by Align Technology, Inc., maker of Invisalign clear aligners.
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3/16/2021 - Claims that a 5.3 Ounce Yogurt Cup of Chobani Complete Contains Up to 25 Grams of Protein are Permanently Discontinued Following NAD Challenge
New York, NY – March 16, 2021 – Chobani LLC informed the National Advertising Division (NAD) of BBB National Programs that it will permanently discontinue challenged express claims that its Chobani Complete 5.3-ounce yogurt cup contains 25 grams of protein. The advertiser’s claims, which appeared in video advertisements, were challenged by Danone North America, a competing manufacturer of yogurt products
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3/11/2021 - NAD Determined ACT’s Website Content On COVID-19 Test Center Cancellations is Accurate but Recommends Some Modifications to Advertising
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that ACT’s website makes clear the material limitations on ACT college entrance standardized testing regarding the likelihood of cancellations due to the COVID-19 pandemic and provides truthful and accurate information to test takers about cancelled and rescheduled tests. However, NAD recommended that ACT modify its advertising to disclose information clearly and conspicuously about test center availability and its process for reconfirming availability based on the status of the pandemic. The claims at issue, which appeared on ACT’s website and in social media and internet advertising, were challenged as part of NAD’s routine monitoring program.
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3/11/2021 - NAD Finds Certain Claims for Optic White Renewal Toothpaste Supported; Colgate to Appeal Recommendation to Discontinue Quantified Stain Removal Claim
New York, NY – March 11, 2021 – The National Advertising Division (NAD) determined that Colgate-Palmolive Company supported advertising claims that its Optic White Renewal Toothpaste has “unprecedented whitening power,” “contains 3% hydrogen peroxide,” and has “the most hydrogen peroxide in a whitening toothpaste.” However, NAD recommended that Colgate discontinue the claim that its product “removes 10 years of yellow stains.” Colgate will appeal that recommendation. The claims at issue, which appeared on websites, television advertising, and product packaging, were challenged by the Procter and Gamble Company (P&G), a competing manufacturer of toothpaste.
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3/10/2021 - NAD Finds Salonpas Duration Claim Supported; Recommends Hisamitsu America Discontinue Comparative Pain Relief, Onset of Action, Range of Motion Claims
New York, NY – March 10, 2021 – The National Advertising Division (NAD) determined that Hisamitsu America, Inc. supported its duration claims that Salonpas Pain Relief Patch Large “works for up to 12 hours” and “provides relief for up to 12 hours.” NAD also determined that Hisamitsu provided a reasonable basis for the challenged claims comparing the Salonpas patch’s regulatory pathway to competitor products. However, NAD has recommended that Hisamitsu discontinue certain parity and product performance claims.
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3/09/2021 - Two of BBB National Programs’ Self-Regulatory Watchdogs Bring Azerion Gaming Website and App into Compliance with Privacy Best Practices
McLean, VA – March 9, 2021 – Two self-regulatory watchdog units of BBB National Programs, the Digital Advertising Accountability Program (DAAP) and the Children’s Advertising Review Unit (CARU), today released the result of a new data privacy case for the children’s gaming site Girls Go Games and the mobile app My Dolphin Show. Azerion, the publisher of Girls Go Games and My Dolphin Show, worked with DAAP and CARU to bring its online services into compliance with the Digital Advertising Alliance (DAA) Principles for privacy and interest-based advertising, and CARU’s Advertising Guidelines, respectively.
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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.
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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.
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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.