BBB National Programs Decisions

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  • 12/23/2020 - NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR

    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.

  • 12/22/2020 - NARB Recommends Verizon Discontinue or Modify Certain Superiority Claims for Verizon Fios; Finds Modified “Fastest Internet Available” Claim Substantiated

    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.

  • 12/22/2020 - Ontel Voluntarily Discontinues Television Commercial for Portable UV-C Light Product Following NAD Inquiry into Implied COVID-19 Messages

    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.

  • 12/21/2020 - NAD Finds Certain Claims for AARP’s Staying Sharp Supported; Recommends Discontinuation or Modification of Brain-Health Benefit Claims

    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.

  • 12/21/2020 - NARB Recommends T-Mobile Discontinue or Modify Superior Reliability and Other 5G Claims; Finds No Implied Messages in Its Superior 5G Coverage Claims

    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. 

  • 12/17/2020 - NAD Finds Certain Neebo Baby Monitor Claims Supported and Recommends Modification of Others to Disclose Material Limitations

    New York, NY – December 17, 2020 – The National Advertising Division (NAD) determined that Daatrics Ltd. provided a reasonable basis for certain advertising claims made in connection with its Neebo Baby Monitor, and recommended other claims be modified to disclose material limitations. The claims at issue for Neebo, an Internet of Things-connected wearable monitor that provides alerts and statistics to caregivers while children are in motion or asleep, were challenged as part of NAD’s routine monitoring program.
  • 12/02/2020 - NAD Recommends Chobani Modify “45% Less Sugar Than Other Yogurts” Claim to Avoid Implying that “Other Yogurts” Includes Non-Nutritively Sweetened Products

    New York, NY – December 2, 2020 – The National Advertising Division (NAD) recommended that Chobani LLC modify its “45% less sugar than other yogurts” claim for its Chobani Less Sugar Greek Yogurt to clearly communicate the basis of comparison and avoid implying that “other yogurts” include yogurt products that use non-nutritive sweeteners. The claims at issue were challenged by Danone US, LLC, manufacturer of competing yogurt products.
  • 12/01/2020 - Privacy Watchdog Brings Healthcare Company into Compliance with Ad Privacy Best Practices

    McLean, VA – December 1, 2020 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), today released the result of a new data privacy case for the healthcare and medical devices company Abbott, who worked with DAAP to bring more than 60 of its websites into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles. 
  • 11/30/2020 - Arcadia Consumer Healthcare Violates National Advertising Division Procedures

    New York, NY – November 30, 2020 – The National Advertising Division (NAD) determined that Arcadia Consumer Healthcare violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by using the outcome of an NAD case for promotional purposes. The advertising claims at issue in the case were challenged by Arcadia. 
  • 11/24/2020 - NARB Recommends that Young Living Essential Oils Discontinue “Therapeutic Grade” and Health and Wellness Benefit Claims

    New York, NY – November 24, 2020 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Young Living Essential Oils, LC (Young Living) discontinue “therapeutic grade” claims for its “essential oils,” as well as unsupported health and wellness benefit claims. The advertising at issue, as well as other claims, had been challenged by S.C. Johnson & Son, Inc. (SCJ) before the National Advertising Division (NAD) of BBB National Programs. Following NAD’s decision (Case No. 6385), Young Living appealed all aspects of NAD’s findings adverse to it.