BBB National Programs Decision Summaries

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. 

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.

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.

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.

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). 

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. 

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.