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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6/10/2020 - First Three NAD Fast-Track SWIFT Cases Resolved by Government Agency Referral, Modified Claim, and Administrative Closure
Within one month of BBB National Programs’ National Advertising Division (NAD) launching the NAD Fast-Track SWIFT (Single Well-Defined Issue Fast Track) challenge process earlier this spring, the goal was initiation to decision in 20 business days. -
6/10/2020 - NAD Recommends Discontinuance of Certain “Natural” Claims for Air Wick Essential Mist and Scented Oils; Finds “Lasts up to 60 days” Claim Supported
The National Advertising Division (NAD) recommended that Reckitt Benckiser discontinue certain challenged “natural” claims for Air Wick Fragrance Essential Mist and Air Wick Scented Oils, but determined that the advertiser’s durational claim that Scented Oils “lasts up to 60 days” was substantiated. The claims were challenged by S.C. Johnson & Son, Inc., manufacturer of the competing Glade brand of home fragrance products. -
6/09/2020 - NAD Recommends Fillerina Skincare Products Discontinue Certain Product Performance Claims
Following an inquiry by the National Advertising Division (NAD), initiated as part of its routine monitoring program, NAD determined that Qf Systems, LLC did not substantiate certain express and implied claims for Fillerina Dermo-Cosmetic Replenishing Gel and Nourishing Film. Therefore, NAD recommended that the advertiser discontinue the claims “Boosted with a powerful blend of hyaluronic acids, this at-home skin care treatment fills in fine lines and wrinkles, revealing a more radiant complexion,” “Fillerina Dermo-Cosmetic Filler Treatment Grade 2 corrects visible wrinkles and expression lines” (and similar express claims) and the implied claim that Fillerina removes lines and wrinkles similar to cosmetic procedures. -
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.