BBB National Programs Decision Summaries

BBB National Programs provides summaries of all case decisions from the National Advertising Division (NAD), National Advertising Review Board (NARB), Children’s Advertising Review Unit (CARU), Direct Selling Self-Regulatory Council (DSSRC), and Digital Advertising Accountability Program (DAAP). Subscribe to receive a weekly wrap-up of published case decisions in your inbox.

 

For the full text of NAD, NARB, and CARU decisions, subscribe to the Online Archive. Other case decisions are available publicly: DSSRC and DAAP. For members of the press, the full text of any BBB National Programs decision is available by emailing the request to press@bbbnp.org.
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  • 10/02/2020 - NAD Recommends Similac Discontinue “#1 Pediatrician Recommended Brands” Claim in Resolved Fast-Track SWIFT Case

    New York, NY – October 2, 2020 – The National Advertising Division (NAD) of BBB National Programs, in a Fast-Track SWIFT challenge brought by Mead Johnson & Company, recommended that Abbott Nutrition discontinue the claim “#1 Pediatrician Recommended Brands” due to a lack of a clear and understandable disclosure. The challenged claim appeared in online and social media advertising for Similac branded cow’s milk formulas, and the advertiser intended to include it on Similac product labels. 

  • 10/01/2020 - NAD Refers Advertising for Optimmuner Plus Dietary Supplement to FTC and the FDA for Further Review

    New York, NY – October 1, 2020 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Hypernaturals, LLC for its Optimmuner Plus dietary supplement to the Federal Trade Commission (FTC) for further review after the company failed to submit a substantive response and acknowledge NAD’s recommendations. The claims were challenged by the Council for Responsible Nutrition (CRN). 

  • 10/01/2020 - NAD Refers Leptitox Nutrition to FTC After Company Declines to Provide Substantiation for Dramatic Dietary Supplement Weight Loss Claims

    New York, NY – October 1 , 2020 – The National Advertising Division (NAD) of BBB National Programs determined that Leptitox Nutrition, the maker of the dietary supplement “Leptitox,” a detox, appetite suppressant, and weight loss support product, failed to provide substantiation for its express weight loss advertising claims. The claims at issue were challenged by the Council for Responsible Nutrition.  

  • 9/30/2020 - NAD Finds Certain BodyArmor SuperDrink Claims Supported; Recommends Discontinuance of “The Only Sports Drink” Claims in the Challenged Ads

    New York, NY – September 30, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that certain social media videos for BodyArmor SuperDrink and BodyArmor Lyte sports drink, and a coordinating press kit, made supported comparative claims versus Gatorade products. However, NAD recommended that BodyArmor Nutrition, LLC discontinue certain claims in banner and in-store advertising.

  • 9/29/2020 - NAD Recommends Cover Three Discontinue Claims that Brain Defense Dietary Supplement has a Positive Impact on Traumatic Brain Injuries

    New York, NY – September 29, 2020 – The National Advertising Division (NAD) of BBB National Programs recommended that Cover Three discontinue certain claims for its Brain Defense dietary supplement, including that it has a positive impact on traumatic brain injuries (TBIs). NAD also recommended that the advertiser discontinue the testimonial “as a mother of a newborn I want to make sure my baby gets the nutrients needed to grow a beautiful brain. I love this Dr. formulated product.” The claims were challenged by the Council for Responsible Nutrition (CRN). 

  • 9/24/2020 - NAD Finds Certain Madame Ovary Dietary Supplement Claims Supported

    New York, NY – September 24, 2020 – NAD determined that Goop, Inc. supported qualified claims relating to the ability of certain ingredients in its Madame Ovary dietary supplement to provide nutritional support for physical and emotional symptoms of women who are approaching, in, or just past menopause, but recommended modifications to a claim about the combination of ingredients chosen for menopausal women. 

  • 9/24/2020 - NAD Refers Mask, LLC to FTC After Company Declines to Comply with Recommendations for Spotless Blemishes & Oily Skin Soothing CBD Sheet Mask

    New York, NY – September 24, 2020 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Mask, LLC to the Federal Trade Commission (FTC) for review after the company declined to comply with NAD’s recommendations to discontinue the product name “Spotless Blemishes & Oily Skin Soothing CBD Sheet Mask,” as well as the claim “Helichrysum Essential Oil may work to help heal blemishes, encouraging signs of skin renewal and cell turnover to lessen the look of redness and scarring.” 

  • 9/23/2020 - NAD Finds Television Commercial for KIND Bars Not Falsely Disparaging; Recommends Other Modifications

    New York, NY – September 23, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that Kind, LLC (KIND) provided a reasonable basis for the depiction of the two products in the challenged television commercial for KIND Snack Bars and that the depiction was not falsely denigrating. However, NAD recommended that the advertiser make certain modifications to the commercial. The claims at issue were challenged by Clif Bar & Company (Clif), maker of Clif Snack Bars.  

  • 9/17/2020 - NAD Recommends Charter Modify Comparative Advertising Claims for Spectrum 400 Mbps Internet Service

    New York, NY – September 17, 2020 – The National Advertising Division (NAD) of BBB National Programs recommended that Charter Communications, Inc. (Charter) modify the disclosure for its claim that Spectrum’s 400 Mbps internet speeds are “8x faster than AT&T’s,” and the claim that “AT&T/DirecTV simply can’t keep up,” to avoid conveying a misleading message about AT&T’s internet speed tier offerings. The claims, which appeared in a mailer for Spectrum internet and television services, were challenged by AT&T Services, Inc. (AT&T). 

  • 9/16/2020 - NAD Concludes "Just Ok is not OK" Claims not Falsely Disparaging, But Recommends AT&T Discontinue "building 5G on America's Best Network" Claim, Disclose Material Connection with Testing Company; AT&T to Appeal

    New York, NY – September 16, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that certain claims in this case are materially similar to its 2019 review of the reliability of AT&T’s “best network” claim, but recommended certain clear and conspicuous disclosures. NAD also recommended that AT&T discontinue the claim that AT&T is “building 5G on America’s Best Network” and concluded that the claim, “just OK is not OK,” in the contexts presented was not falsely disparaging. AT&T said that it will appeal NAD’s adverse findings.