BBB National Programs Decision Summaries

McLean, VA – November 18, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs today referred certain marketing claims made by Flavon USA, LLC (Flavon) to the Federal Trade Commission (FTC) for possible enforcement action after Flavon failed to participate in the self-regulatory process and provide substantiation for the claims. At issue in DSSRC’s inquiry earnings and health-related product claims implying that Flavon’s products, dietary vegetable, and fruit concentrate dietary supplements, can treat and prevent a number of health-related conditions.

New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.

New York, NY – November 5, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) has referred certain marketing claims made by Fortress Network, LLC to the FTC for possible enforcement action after Fortress failed to participate in the self-regulatory process. At issue in DSSRC’s inquiry were income and business opportunity representations made by the peer-to-peer marketing platform concerning the amount of money that Fortress salesforce members could reasonably expect to earn from related business opportunities. 

McLean, VA – November 4, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) challenged certain unsubstantiated earnings and health-related/wellness benefit product claims made by LurraLife, a multi-level direct selling company. In response to DSSRC’s request for substantiation of the challenged claims, LurraLife removed the videos and ads in question and requested the same action be taken by its corporate brand partners. The claims were challenged as a result of the DSSRC’s routine monitoring program.  

New York, NY – November 4, 2020 – The National Advertising Division (NAD) determined that Advantice Health provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “reduces discoloration.” However, NAD recommended that the advertiser discontinue other product claims, including "clinically proven" and "new and improved," and discontinue or modify challenged product demonstrations. The claims at issue were challenged by Arcadia Consumer Healthcare. 

New York, NY – October 28, 2020 – Following an inquiry by the National Advertising Division (NAD), IV Drips Customized IV Hydration & Wellness (“IV Drips”) discontinued Instagram and Facebook social media posts which conveyed implied messages that its IV Hydration Therapy protects users against COVID-19.

New York, NY – October 27, 2020 – The National Advertising Division (NAD) determined that doTERRA International, LLC (doTERRA) did not provide a reasonable basis for claims that its doTERRA essential oils provide certain health benefits, including specific benefits for mood, emotions, and the mind. NAD also determined that the evidence in the record was not a good fit for the advertiser’s “Certified Pure Therapeutic Grade” claim. The claims were challenged by S.C. Johnson & Son, Inc., maker of Glade home fragrances and products.