BBB National Programs Decision Summaries

The National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that Talyoni and Ecoco Cannabis Sativa cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products. The claims were challenged by Zotos International, Inc., maker of Joico and other hair care products. 

The National Advertising Division (“NAD”) determined that SmileDirectClub, LLC (“SDC”) substantiated certain express claims regarding the ability of its Smile Direct Club Clear Aligners to correct some bite issues, but recommended modification to others. NAD also recommended that SDC discontinue the challenged comparative claims, savings claims, speed claims, and consumer testimonials, as well as modify certain questions in SDC’s “Smile Assessment” quiz, and SDC’s “Confident Smile Guarantee” policy. The claims were challenged by Align Technology, Inc. (“Align”), maker of Invisalign clear aligners.

Today, the Digital Advertising Accountability Program (DAAP) released new actions detailing its efforts to provide consumers with control over how their data is used in personalized digital advertising. The privacy watchdog brought the app developer Mammoth Media into full compliance with the Digital Advertising Alliance’s self-regulatory principles (DAA Principles), which are best practices for privacy and interest-based advertising (IBA). Separately, the program alerted Recovery Centers of America, a company that operates addiction treatment facilities, to IBA on its website which the company immediately addressed.

The National Advertising Division (“NAD”) determined that Petco Animal Supplies, Inc. had submitted evidence sufficient to demonstrate that it is “setting a bold new standard for nutrition” and that it “will continue to evaluate and evolve [its] standards and assortment to take pet nutrition to new levels.” However, NAD recommended that Petco modify claims that it is removing “all” artificial ingredients or that there will be “no more artificials” in any dog food or treats. NAD also recommended that Petco modify certain hyperlinks to its “Better Nutrition” page, discontinue its characterization of artificial ingredients (i.e. as contained in other pet foods or carried by its competitors) as “nasties” or “bad stuff” and related imagery as to such pet foods in its video advertisement, and discontinue claims that as a result of its initiative to remove artificial ingredients from its store shelves, Petco provides “better nutrition.”

The National Advertising Division (“NAD”) determined that SimpliSafe, Inc. supported certain advertising claims for SimpliSafe Home Security, including claims that the system is equipped with features to keep it functioning after an event which may disrupt the system and that SimpliSafe did not have a material connection with certain third-party endorsers. However, NAD recommended modification or discontinuation of other challenged claims, including dispatch speed claims that its system enables police to dispatch 3.5x “faster,” a monitoring and notification claim, and a battery life claim. NAD also recommended modifications to line claims, as well as to challenged endorsements and a testimonial. The claims were challenged by ADT Security Services.

The Electronic Retailing Self-Regulation Program (ERSP) has recommended that  WellNx  Life  Scienc es, modify  or discontinue  certain  claims  for  the Mass System Limited Edition Muscle Building Supplement. The marketer’s advertising was brought to ERSP’s attention by Iovate Health Sciences International, Inc., a competitive manufacturer of nutritional supplements.

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Weight Management Institute, LLC, which markets the MytoSlim Weight Loss Supplement, has provided reliable support for certain performance claims but recommended the marketer discontinue a superiority claim and an establishment claim. The marketer’s advertising came to ERSP’s attention pursuant to its ongoing monitoring efforts.

The Electronic Retailing Self-Regulation Program (ERSP), the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), announced that WalkFit, LLC (“WalkFit”), marketers of the WalkFit Orthotics, provided a reasonable basis for their advertising and will inform consumers about available shoe sizes in future advertising edits. The marketer’s advertising was reviewed pursuant to ERSP’s ongoing monitoring program.

The Electronic Retailing Self-Regulation Program (ERSP), the electronic direct-response industry’s self-regulatory forum supervised by the National Advertising Review Council (NARC), announced that general performance claims made in the 30-minute infomercial, radio , and website advertising by Vision Improvement Technologies, marketers for the See Clearly Method, a vision- improvement technique, are protected speech under the First Amendment, but the marketer was asked to modify one claim to make it more consistent with the See Clearly Method publications. The marketer’s advertising was reviewed pursuant to ERSP’s ongoing monitoring program.