BBB National Programs Decisions

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  • 4/08/2021 - First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge

    New York, NY – April 8, 2021 – First Day Life, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued all of the advertising claims and testimonials for the company’s Daily Enrichment Multivitamin that were challenged by the Council of Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed NAD that it has permanently discontinued all the challenged claims and testimonials.

  • 4/07/2021 - National Advertising Division Finds Verizon’s “Fastest 5G in the World” Claim Supported for its 5G Ultra Wideband

    New York, NY – April 7, 2021 – The National Advertising Division (NAD) determined that Verizon Communications, Inc. provided a reasonable basis for the comparative performance claim that its 5G Ultra Wideband provides the “Fastest 5G in the World.” NAD concluded that Verizon’s evidence was a good fit for the claim, and that the challenged television commercial clearly and conspicuously discloses that Verizon’s 5G Ultra Wideband is “available only in parts of select cities.” The claim at issue was challenged by AT&T Services, Inc.

  • 4/07/2021 - BBB National Programs’ Privacy Watchdog Brings Public Safety App into Compliance with Ad Privacy Best Practices

    McLean, VA – April 7, 2021 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), released a new data privacy case decision for the public safety app MobilePatrol. Appriss, the publisher of MobilePatrol, worked with DAAP to bring its app into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for privacy and interest-based advertising. During its marketplace monitoring, DAAP discovered that third parties were collecting mobile device identifiers and location data through MobilePatrol, which has more than five million downloads in the Google Play Store.

  • 4/06/2021 - NAD Recommends Certain Modifications to Comparative Advertising for Jetty Insurance Agency’s “Admitted” Surety Bond Product

    New York, NY – April 6, 2021 – The National Advertising Division (NAD) recommended that Jetty Insurance Agency, LLC modify its comparative advertising claims to clearly disclose the distinctions between its “admitted” surety bond product and LeaseLock, Inc.’s surplus-line lease insurance product. NAD further recommended that Jetty modify its advertising to avoid conveying unsupported messages regarding the damage coverage limits of the parties’ respective products. The claims at issue, which appeared in digital materials, email, sales presentations, sales sheets, and other advertising for the Jetty Security Deposit Alternative Plan were challenged by LeaseLock, Inc.

  • 3/31/2021 - NARB Recommends doTERRA Discontinue Certain Health Benefit and “Therapeutic Grade” Essential Oil Claims

    New York, NY – March 31, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that doTERRA International, LLC discontinue a “Certified Pure Therapeutic Grade” claim as well as any use of the term “therapeutic grade” to describe doTERRA’s products. The NARB panel recommendation extends to claims that distinguish doTERRA’s essential oils as qualitatively different or more efficacious than those not considered “therapeutic grade.” NARB has also recommended doTERRA discontinue express and implied aromatherapy claims that promote health and wellness benefits from essential oils and doTERRA essential oil products. The advertising at issue had been challenged by S.C. Johnson & Son, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6420), doTERRA appealed NAD’s recommendation to discontinue some of the claims under review.

  • 3/30/2021 - National Advertising Division Recommends Diamond Foundry More Clearly Disclose Origin of its Laboratory-Grown Diamonds

    New York, NY – March 30, 2021 – The National Advertising Division (NAD) recommended that Diamond Foundry, Inc. modify its advertising by clearly and conspicuously disclosing the origin of Diamond Foundry’s laboratory-grown diamonds (LGDs), and discontinue the use of certain terms that could create confusion about the origin of these LGDs, modify certain website claims to more prominently disclose the man-made origin of its diamonds, and discontinue or modify certain social media claims that its LGDs are “real” diamonds. The claims at issue were challenged by the Natural Diamond Council, an association of the world’s leading diamond companies who represent approximately 75 percent of the world’s rough diamond production.

  • 3/25/2021 - National Advertising Division Finds Savings Claims for Xfinity Mobile Supported with Modified Disclosures and Recommends Comcast Modify Other Claims

    New York, NY – March 25, 2021 – The National Advertising Division (NAD) determined that Comcast Cable Communications provided a reasonable basis for a qualified claim that by switching to Xfinity Mobile wireless customers can “save hundreds” and “up to $400 a year” on their wireless bill. NAD recommended, however, that Comcast disclose the basis of the claim to avoid overstating the comparative benefits. In addition, NAD recommended that Comcast modify certain savings claims that failed to adequately disclose the material differences in the plans compared. NAD also concluded that Comcast’s use of a fully-shaded map of the contiguous United States, in conjunction with its 5G claims, conveys a supported message. However, NAD recommended Comcast modify its marketing email to disclose clearly and conspicuously that 5G is “only available in parts of select cities.” Further, NAD recommended that Comcast modify its advertising to make clear the basis for its “#1 customer satisfaction” claim (a recent American Customer Satisfaction Index survey report) and avoid conveying that this claim is based on or connected to its 5G offering.

  • 3/24/2021 - Direct Selling Self-Regulatory Council Refers Health-Related Product Performance Claims for UWell Life’s Primocyn Products to FTC

    McLean, VA – March 24, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance claims for the Primocyn product line, made by UWell Life, Inc. and its salesforce members, to the Federal Trade Commission (FTC) for possible enforcement action after UWell Life failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are product performance claims made on the Primocyn product website and disseminated by salesforce members on social media implying that Primocyn products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, UWell Life salesforce members implied that Primocyn products have been approved by the FDA. 

  • 3/24/2021 - National Advertising Division Finds “Best-In-Class” Claims for 2021 Ford Bronco Supported and Recommends Ford Discontinue or Modify Other Claims

    New York, NY – March 24, 2021 – The National Advertising Division (NAD) determined that Ford Motor Company provided a reasonable basis for certain “best-in-class” and historical claims, as well as for identifying the 2021 Ford Bronco in its advertising as part of the “medium traditional utilities” class. The claims at issue, which appeared in digital advertising, on Ford’s website, in press releases and a media kit, and in print advertising, were challenged by FCA US LLC, maker of Jeep brand vehicles.

  • 3/23/2021 - Certain Advertising Claims for FertilitySmart Conceive for Women Dietary Supplement Permanently Discontinued Following NAD Challenge

    New York, NY – March 23, 2021 – FertilitySmart informed the National Advertising Division (NAD) that it has permanently discontinued all of the advertising claims for the company’s FertilitySmart Conceive for Women dietary supplement that were challenged by the Council for Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying couples’ experiences with infertility and describing how the FertilitySmart product regulated ovulation and helped with conception even after failure with Clomid, IUI, IVF, and other medical interventions.