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.
  • 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.
  • 11/23/2020 - Two Fast-Track SWIFT Cases Close in October, One Voluntary Discontinuation of Claim and One Administrative Closure

    New York, NY – November 23, 2020 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October, one a challenge brought by DISH Network Wireless against T-Mobile, and the other challenge brought by one maker of personal care products versus another, which was closed by consent of the parties.
  • 11/19/2020 - NAD Finds AT&T’s “Best Possible” Blog Post Claims Supported

    New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services. 

  • 11/18/2020 - NARB Recommends P&G Discontinue Claim that Tide purclean has “4x Cleaning Power”

    New York, NY – November 18, 2020 – NARB has recommended that P&G discontinue the claim that Tide purclean has “4x Cleaning Power of [comparator product].” The advertising at issue was challenged by Seventh Generation Company before NAD. Following NAD’s decision, P&G appealed NAD’s recommendation.
  • 11/18/2020 - DSSRC Refers Health-Related Product and Earnings Claims for Flavon USA to FTC

    McLean, VA – November 18, 2020 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs today referred certain marketing claims made by Flavon USA, LLC (Flavon) to the Federal Trade Commission (FTC) for possible enforcement action after Flavon failed to participate in the self-regulatory process and provide substantiation for the claims. At issue in DSSRC’s inquiry earnings and health-related product claims implying that Flavon’s products, dietary vegetable, and fruit concentrate dietary supplements, can treat and prevent a number of health-related conditions.

  • 11/05/2020 - NAD Finds Certain T-Mobile Post-Merger 5G Network Claims Supported; Recommends Modification of Other Benefit Claims

    New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.

  • 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. 

  • 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.  

  • 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. 

  • 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.