BBB National Programs Decision Summaries

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.  

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). 

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.

New York, NY – September 16, 2020 – A panel of the National Advertising Review Board (NARB) has determined that a “#1” claim, for Oral-B Precision Clean Interdental Picks, based on Oral-B’s status as the leading dental floss brand, is not misleading. However, the panel recommended that P&G discontinue any uses of the #1 claim that are not accompanied by a clear and conspicuous disclosure that #1 refers to Oral-B’s status as the #1 dentist recommended floss brand.

New York, NY – September 15, 2020 – The National Advertising Division (NAD) of BBB National Programs determined that VGH Solutions Inc. supported certain claims for Dr. Ho’s Circulation Promoter (“Circulation Promoter”) medical device consistent with the FDA’s approved indications of use and claims that the device is “safe.” However, NAD recommended that the advertiser discontinue establishment claims that the Circulation Promoter is “clinically tested” to improve circulation, relax muscles, and relieve pain, as well as a variety of health-related claims. In addition, NAD recommended that the advertiser modify other challenged claims to more accurately reflect the FDA’s approved indications of use.  

New York, NY – September 10, 2020 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, The Procter & Gamble Company (P&G) took steps to ensure that its influencers, who promote its Bounty Paper towels in a series of catchy TikTok videos, embed material connection disclosures in the videos to ensure that clear and conspicuous disclosure appears on any platform where they are shared. 

New York, NY – September 9, 2020 – Through its routine monitoring program, the National Advertising Division (NAD) of BBB National Programs questioned whether testimonials in a Twitter post by pastors at Dream City Church in Arizona about the Clean Air EXP air purification system that was installed in their church, along with a claim on the advertiser’s website, convey express and implied messages that the CleanAir EXP is effective at eliminating 99.9% of novel coronavirus or COVID-19.  

New York, NY – September 8, 2020 – The National Advertising Division of BBB National Programs found that Arcadia Consumer Healthcare did not provide sufficiently reliable evidence to support its “#1 Pharmacist Recommended” claim and recommended the claim, challenged by Advantice Health, be discontinued. The advertiser agreed to comply with NAD’s recommendation.

New York, NY – September 2, 2020 – Halotherapy Solutions stated that it will permanently discontinue the health-related advertising claims for its Infrared Sauna that were at issue in an inquiry before the National Advertising Division (NAD).