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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3/02/2021 - 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.
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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.
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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.
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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.
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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.
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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.
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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.
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1/21/2021 - Children’s Advertising Review Unit Determines that Visual Supply Company App Is Not “Directed Primarily or Secondarily to Children”
New York, NY – January 21, 2021 – The Children’s Advertising Review Unit (CARU) determined that Visual Supply Company (VSCO) is not an online service directed primarily or secondarily to children under age 13 as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s own Guidelines for Online Privacy Protection. Identified during CARU’s routine monitoring program of child-directed content, VSCO markets a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend across several social media platforms. -
1/20/2021 - DSSRC Recommends Primerica Discontinue or Modify Certain Business Opportunity Claims
McLean, VA – January 20, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) inquired about certain business opportunity claims made by Primerica, Inc., a financial services company. In response to DSSRC’s request for substantiation of the challenged claims, which primarily appeared on social media, Primerica removed or significantly modified the claims in question, took proactive steps to address all concerns raised, and acted in good faith throughout the inquiry process. The inquiry, which focused on core express and implied earnings and lifestyle benefits arising from participation in Primerica’s business opportunity, were brought to DSSRC by a non-profit, non-governmental advocacy group (NGO).
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1/13/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Gano Excel to FTC
McLean, VA – January 13, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and income claims made by Gano Excel USA to the Federal Trade Commission (FTC) for possible enforcement action after Gano Excel 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 Gano Excel’s products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Gano Excel salesforce members have made egregious representations in social media posts about income that can be earned as a member of the Gano Excel salesforce.