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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7/30/2020 - NAD Refers IV Drips to FDA and FTC for Claims that IV Hydration Therapy Protects Against COVID-19
The National Advertising Division (NAD), a division of BBB National Programs, has referred advertising claims made by IV Drips, Customized IV Hydration & Wellness (“IV Drips”) for its IV Hydration Therapy to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) for review. The advertiser did not respond to NAD’s request to provide substantiation for its claims. -
7/29/2020 - NAD Finds Certain NanoSeptic Self-Cleaning Surface Claims are Supported; Recommends Modification of Others
Following an inquiry by the National Advertising Division (NAD) initiated as part of its routine monitoring program, NAD determined that NanoTouch Materials, LLC substantiated certain express claims for its NanoSeptic surfaces... -
7/23/2020 - NAD Recommends Smile Direct Club Discontinue “3x Faster to Use Than Strips” Claim for Tooth Whitening Kit; Finds Certain Other Claims as Puffery
The National Advertising Division (NAD), a division of BBB National Programs, recommended that Smile Direct Club (“SDC”) discontinue its “3x faster to use than strips” claim for its Bright On Whitening Kit. However, NAD concluded that in the absence of the “3x faster to use” comparative claim, certain claims constituted non-actionable puffery. The claims at issue, which appeared in website and social media advertisements, were challenged by The Procter & Gamble Company (“P&G”), maker of Crest Whitestrips. -
7/22/2020 - NAD Recommends that Young Living Essential Oils Discontinue “Therapeutic Grade” and Health-Related Claims for its Essential Oils; Advertiser to Appeal
The National Advertising Division (NAD) recommended that Young Living Essential Oil, LC (Young Living) discontinue unsupported, health-related essential oil product claims of “therapeutic grade” and physical and/or mental health benefits, as these claims are unsupported. NAD also determined that certain challenged claims constitute permissible puffery which do not require substantiation. The claims at issue were challenged by S.C. Johnson & Son, Inc. Young Living said it will appeal NAD’s decision to the National Advertising Review Board.
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7/21/2020 - Honey Science LLC Discontinuing Claims for Online Coupon Code Aggregation Service as NAD Began Inquiry
Honey Science LLC (Honey) informed the National Advertising Division (NAD) that, prior to the opening of NAD’s inquiry, it was in the process of discontinuing the express and implied claims brought in this challenge for business reasons. The advertiser’s claims, including the claim that it provides consumers with access to “every working code on the internet,” were challenged by RetailMeNot, Inc., provider of a competing online coupon code aggregation service. -
7/14/2020 - NAD Recommends Verizon Discontinue Certain 5G Availability and Speed Claims in Two TV Commercials
The National Advertising Division (NAD) determined that, in the context of two television commercials touting Verizon’s rollout of 5G service in cities across the country, challenged by AT&T Services, Inc., certain express and implied claims regarding the breadth of Verizon’s 5G coverage and typical speeds potentially communicate a misleading message to consumers. -
7/08/2020 - NAD Fast-Track SWIFT Cases Resolved by Voluntary Discontinuation of Claims and One by Recommendation to Discontinue Claim in Google Ads
The National Advertising Division (NAD) of BBB National Programs announced three new cases resolved in the month of June using its efficient Fast-Track SWIFT (Single Well-Defined Issue Fast Track) challenge process. Security service provider ADT challenged Frontpoint Security Solutions’ “no contract required” claim, kitchen designer Officine Gullo challenged fellow kitchen designer and manufacturer L’Atelier Paris Haute Design’s claim related to their length of time in business, and snack manufacturer Kind challenged Clif Bar with regard to its Google Ads claim “A Better Performing Bar | Clif Bar | For Sustained Energy.”
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7/08/2020 - Privacy Watchdog Brings Popular Exercise and Healthcare Apps into Compliance with Digital Advertising Best Practices
BBB National Programs’ privacy watchdog, the Digital Advertising Accountability Program (DAAP), today released two new data privacy cases for popular mobile apps from GoodRx and Rock My World, issuing recommendations and outlining actions taken to date to bring these companies into compliance with the Digital Advertising Alliance’s Self-Regulatory Principles. -
7/01/2020 - NARB Recommends Choice Home Warranty Modify Certain Claims for its Home Warranty Service Plans, and Discontinue Others
A panel of the National Advertising Review Board (NARB) has recommended that Choice Home Warranty (CHW) modify or discontinue certain claims regarding its home warranty service plans. The advertising at issue had been challenged by competitor Frontdoor, Inc. before the National Advertising Division (NAD). Following NAD’s decision, CHW appealed most of the NAD findings adverse to it. -
7/01/2020 - SmileDirectClub Will Appeal NAD’s Recommendation to Discontinue Claim that Clear Aligners Deliver Results “3x Sooner Than Braces”
The National Advertising Division (NAD) determined that SmileDirectClub, LLC (SDC) substantiated the claims “Pricing: $1895 or $85 per month” and “Getting started is risk-free,” but recommended SDC discontinue the claim that their system delivers results “3x sooner than braces” as well as the claim that SDC customers receive “the same level of care from a treating dentist or orthodontist as an individual visiting a traditional orthodontist for treatment.” The claims at issue were challenged by the American Association of Orthodontists (AAO), a professional organization made up of orthodontists. SDC said it will appeal NAD’s decision on its “3x sooner than braces” claim to the National Advertising Review Board.