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.
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11/05/2020 - Direct Selling Self-Regulatory Council Refers Business Opportunity Claims for Fortress Network, LLC to the FTC
New York, NY – November 5, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) has referred certain marketing claims made by Fortress Network, LLC to the FTC for possible enforcement action after Fortress failed to participate in the self-regulatory process. At issue in DSSRC’s inquiry were income and business opportunity representations made by the peer-to-peer marketing platform concerning the amount of money that Fortress salesforce members could reasonably expect to earn from related business opportunities.
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11/04/2020 - DSSRC Recommends Direct Selling Company LurraLife Discontinue Certain Earnings and Health-Related Product Claims
McLean, VA – November 4, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) challenged certain unsubstantiated earnings and health-related/wellness benefit product claims made by LurraLife, a multi-level direct selling company. In response to DSSRC’s request for substantiation of the challenged claims, LurraLife removed the videos and ads in question and requested the same action be taken by its corporate brand partners. The claims were challenged as a result of the DSSRC’s routine monitoring program.
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11/04/2020 - NAD Finds Kerasal Fungal Nail Discoloration Reduction Claim Supported, Recommends Discontinuation of Several Challenged Claims; Advertiser to Appeal
New York, NY – November 4, 2020 – The National Advertising Division (NAD) determined that Advantice Health provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “reduces discoloration.” However, NAD recommended that the advertiser discontinue other product claims, including "clinically proven" and "new and improved," and discontinue or modify challenged product demonstrations. The claims at issue were challenged by Arcadia Consumer Healthcare.
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10/28/2020 - CapRate Events, LLC Violates National Advertising Division Procedures with Public Mischaracterization of France Media, Inc. Case Decision
New York, NY – October 28, 2020 – The National Advertising Division (NAD) today determined that CapRate Events, LLC violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by mischaracterizing NAD’s decision regarding advertising for its competitor, commercial real estate publisher France Media Inc, (FMI), via email to multiple industry professionals. -
10/28/2020 - IV Drip Voluntarily Discontinues Social Media Posts for IV Hydration Therapy Following NAD Inquiry into Implied COVID-19 Messages
New York, NY – October 28, 2020 – Following an inquiry by the National Advertising Division (NAD), IV Drips Customized IV Hydration & Wellness (“IV Drips”) discontinued Instagram and Facebook social media posts which conveyed implied messages that its IV Hydration Therapy protects users against COVID-19.
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10/27/2020 - NAD Finds Certain doTERRA Phrases to be Puffery; Recommends Discontinuation of Challenged Essential Oils Health Benefit Claims; Advertiser to Appeal
New York, NY – October 27, 2020 – The National Advertising Division (NAD) determined that doTERRA International, LLC (doTERRA) did not provide a reasonable basis for claims that its doTERRA essential oils provide certain health benefits, including specific benefits for mood, emotions, and the mind. NAD also determined that the evidence in the record was not a good fit for the advertiser’s “Certified Pure Therapeutic Grade” claim. The claims were challenged by S.C. Johnson & Son, Inc., maker of Glade home fragrances and products.
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10/22/2020 - NAD Finds France Media’s Readership Claims Supported; Recommends Modification of “Largest Commercial Real Estate Publisher” Claim
New York, NY – October 22, 2020 – The National Advertising Division (NAD) determined that France Media Inc. (FMI) provided a reasonable basis for certain readership claims for its Commercial Real Estate Publishing Platform, but recommended that FMI modify its claims that it is the “largest commercial real estate publisher in the United States” to more accurately reflect the evidence that it is the largest commercial real estate publisher of print and digital magazines. The claims at issue, which appeared in website, social media advertisements, and in media kits, were challenged by CapRate Events, LLC, a competing commercial real estate publishing platform.
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10/22/2020 - NARB Recommends Benefiber Discontinue “100% Natural” and “Clinically Proven” Claims, But Finds “Helps You Feel Fuller Longer” Claim Supported
New York, NY – October 22, 2020 – The National Advertising Review Board (NARB) recommended that GlaxoSmithKline Consumer Healthcare, LLC (GSK) discontinue “100% natural” and “clinically proven to curb cravings” claims for Benefiber, and determined that GSK provided a reasonable basis for its claim that Benefiber “helps you feel fuller longer.” The advertising had been challenged by P&G before the National Advertising Division (NAD) and GSK appealed NAD's findings.
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10/21/2020 - NAD Recommends Avadim Health, Inc. Discontinue Health-Related Claims for Theraworx Relief for Muscle and Joint Products; Advertiser to Appeal
New York, NY – October 21, 2020 – The National Advertising Division (NAD) determined that Avadim Health, Inc. (Avadim) did not provide a reasonable basis for health-related claims appearing on Theraworx product packaging, in website, and social media advertising, and elsewhere so NAD recommended that the advertiser discontinue the unsupported claims. The claims were challenged by Chattem, Inc., a Sanofi Company, maker of Icy Hot and Aspercreme.
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10/20/2020 - NAD Recommends Comcast Discontinue or Modify “Best In-Home WiFi Experience” Claim; Advertiser to Appeal
New York, NY – October 20, 2020 – The National Advertising Division (NAD) recommended that Comcast Cable Communications, LLC discontinue its “Living with AT&T” commercial, but determined that the express claim “AT&T, why am I paying the same price for only a fraction of the speed you advertised?,” standing alone, was supported. NAD also recommended that Comcast discontinue its “Best In-Home WiFi Experience” claim or narrowly tailor it to the specific attributes for which Comcast can support a superiority claim.