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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6/08/2020 - Optivida Silver Solution Discontinued COVID-19 Cure, Efficacy, and Safety Claims Following NAD Inquiry
Following an inquiry by the National Advertising Division (NAD), Optivida Health removed social media posts which referred to the Jim Bakker Show and claims by Mr. Bakker about Optivida Silver Solution, a liquid dietary supplement, curing COVID-19. NAD also recommended that the advertiser discontinue express efficacy and safety claims about Optivida Silver Solution. -
6/04/2020 - Social Media Video Implying Superfoods Immunity Bundle Protects Against COVID-19 is Discontinued Following NAD Inquiry
Following an inquiry by the National Advertising Division (NAD), Your Superfoods, Inc. immediately discontinued a social media video that conveyed an implied message that taking Your Superfoods Immunity Bundle protects consumers against COVID-19. -
6/03/2020 - Following NAD Inquiry, L’Oréal Modifies Disclosures to Clarify that Content on Sites May be Advertising
Following an inquiry by the National Advertising Division (NAD), L’Oréal USA made immediate modifications to three L’Oréal-owned websites, Makeup.com, Skincare.com, and Hair.com, to enhance and make it clear that the content is written by or on behalf of L’Oréal. The challenge arose from NAD’s routine monitoring program. -
6/01/2020 - Luxury Mattress Manufacturer, The Saatva Company, Should Exercise Caution Making Claims Based on Third-Party Ratings and Rankings
Following a challenge by Casper Sleep Inc., the National Advertising Division (NAD) found there no evidence demonstrating that luxury mattress manufacturer Whitestone Home Furnishings, LLC d/b/a The Saatva Company has material connections to third-party websites that impact the editorial independence of the sites, but recommended Saatva discontinue the claim “America’s best-reviewed luxury sleep brand” if the claim: -
5/28/2020 - NAD Recommends Amerisleep Discontinue or Modify “Native Advertising” Websites SleepJunkie.org and SavvySleeper.org
The National Advertising Division (NAD) determined that two mattress ranking and review websites, SleepJunkie.org and SavvySleeper.org, owned by the mattress manufacturer Amerisleep, LLC, may appear independent to consumers and recommended that the advertiser discontinue the sites or modify them to ensure that consumers clearly understand that the websites’ contents are advertising for Amerisleep. The implied claims that the reviews on SleepJunkie.org and SavvySleeper.org do not have a material connection to Amerisleep, were challenged by Casper Sleep Inc.
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5/27/2020 - NAD Refers Advertising Claims for Little Spoon Baby Food to FDA and FTC for Further Review After Company Declines to Comply with NAD’s Recommendations
The National Advertising Division (NAD) has referred online advertising claims made by Little Spoon, Inc. for its Little Spoon Baby Food to the Federal Trade Commission and the U.S. Food and Drug Administration for further review after the company declined to comply with NAD’s recommendations to discontinue certain “fresh” claims. -
5/26/2020 - NAD Recommends GlaxoSmithKline Discontinue Benefiber Claims of “100% Natural,” Satiety, and Curbing Cravings; Advertiser to Appeal
The National Advertising Division (NAD) recommended that GlaxoSmithKline (GSK) discontinue the express claims that its Benefiber Original and Benefiber Healthy Shape fiber supplements are “100% natural,” and that Benefiber Healthy Shape is “clinically proven to curb cravings,” and “helps you feel full longer.” These claims, which appeared on Benefiber product packaging and website advertising, were challenged by The Procter & Gamble Company (P&G), maker of the competing dietary supplement and laxative product, Metamucil. GSK said that it will appeal the adverse findings to the National Advertising Review Board. -
5/20/2020 - After Appeal, NARB Recommends AT&T Discontinue “5G Evolution” and “5G Evolution, The First Step to 5G” Claims
A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. discontinue its “5G Evolution” and “5G Evolution, The First Step to 5G” claims. The advertising at issue had been challenged by T-Mobile USA, Inc. before the National Advertising Division (NAD). Following NAD’s decision, AT&T appealed NAD’s recommendation that these two claims be discontinued. -
5/19/2020 - NAD Finds Certain Invisalign Product Performance Claims Substantiated; Recommends Clear & Conspicuous Disclosures and Discontinuation of Some Claims
The National Advertising Division (NAD) determined that Align Technology, Inc. (“Align”) substantiated certain product performance claims for Invisalign clear aligners as challenged by SmileDirectClub, LLC (“SDC”), maker of Smile Direct Club clear aligners, but recommended modification to the accompanying disclosures. In addition, NAD determined that Align’s description of its SmartForce attachments and the challenged social media posts were not misleading. However, NAD recommended that Align: -
5/13/2020 - NAD Recommends Verizon Discontinue the Claim that it is Delivering “The Most Powerful 5G Experience for America” in Two TV Commercials; Advertiser to Appeal
The National Advertising Division (“NAD”) determined that, in the context of two challenged television commercials touting Verizon’s rollout of 5G service in sports venues, the claim that “Verizon is building the most powerful 5G experience for America” reasonably communicates a message about the consumer experience of using 5G mobile service that was not supported by the evidence in the record.