BBB National Programs Decision Summaries

New York, NY – January 12, 2021 – A panel of the National Advertising Review Board (NARB) has referred advertising claims made by Avadim Health, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action. The referral comes after the company declined to comply with a NARB recommendation to discontinue unsupported health-related claims for Avadim’s Theraworx Relief Products. This challenge originally brought before the National Advertising Division (NAD) by Chattem, Inc., a Sanofi Company, involved claims for two related homeopathic external analgesic products.

New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.

New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.

New York, NY – December 22, 2020 – A panel of the National Advertising Review Board (NARB) recommended that Verizon Communications, Inc. qualify its “fastest internet available” claim by disclosing clearly and conspicuously the source of the data supporting the claim, discontinue claims that Fios provides superior streaming or buffering and that fiber is more weather resilient, modify claims that Fios supports more devices to explain which consumers would see a consumer relevant benefit, and discontinue unqualified claims (i) of superior reliability, (ii) that Fios provides superior performance, (iii) that fiber technology provides superior performance; and (iv) that fiber is better. The advertising at issue had been challenged by Charter Communications, Inc. before NAD.

New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.

New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.

New York, NY – December 21, 2020 – A panel of the National Advertising Review Board (NARB), on an appeal from a decision of the National Advertising Division (NAD), has recommended that T-Mobile, U.S., Inc. discontinue or modify certain superior reliability and 5G claims. The panel also found that T-Mobile’s superior coverage claims did not imply overall superiority, rejecting NAD’s conclusion that such claims required the disclosure of material differences. The advertising at issue had been challenged by Verizon Communications Inc. The challenged claims were contained principally in a four-minute video, “Bill Nye Explains 5G,” available on a T-Mobile website.