BBB National Programs Decisions

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  • 7/20/2021 - National Advertising Division Finds Safe Catch Tuna Mercury Testing Claims Supported; Recommends Modification or Discontinuance of Certain Other Claims

    New York, NY – July 20, 2021 – The National Advertising Division (NAD) determined that Safe Catch, Inc., a manufacturer of pouched and canned tuna products sold under the brands Safe Catch Elite, Safe Catch Ahi Yellowfin Tuna, and Safe Catch Wild Albacore, provided a reasonable basis for several claims but recommended that others be modified or discontinued. The claims at issue were challenged by The National Fisheries Institute (NFI), a non-profit trade association that operates, among other councils, the Tuna Council which represents the largest processors and household names for canned and pouched tuna in the United States.

  • 7/13/2021 - In Two Fast-Track SWIFT Cases, One Voluntary Discontinuance of Claims, and One National Advertising Division Recommendation to Discontinue Claims

    New York, NY – July 13, 2021 – The National Advertising Division (NAD) of BBB National Programs closed two new Fast-Track SWIFT cases in June. Function challenged PerSe Beauty’s “over 192,000 5-star product reviews” claim and Nestle Nutrition challenged Reckitt Benckiser’s exclusivity claims about the ingredients of the Enfamil brand’s Nutramigen line of infant formula products. Fast-Track SWIFT is an expedited NAD process designed for single-issue advertising cases.

  • 6/30/2021 - National Advertising Division Recommends AT&T Modify Certain Claims Comparing its Fiber-Optic Internet Services Upload Speed to Cable; Advertiser to Appeal

    New York, NY – June 30, 2021 – The National Advertising Division (NAD) recommended that, in connection with comparative advertising for its fiber-optic internet service, AT&T Services modify the express claim that all cable upload speeds are slow and the implied claim that Comcast’s internet is unreliable to avoid conveying the messages that cable users are unable to video chat, upload large files, expand their businesses, or sell their homes. NAD further recommended that AT&T modify its “better internet” and “faster internet experience” claims to avoid conveying unsupported messages. AT&T will appeal NAD’s recommendation to modify these claims.

  • 6/30/2021 - NAD Recommends Modification of “#1 Derm-Trusted Suncare” Claim for Neutrogena; JJCI Appeals Recommendation to Discontinue Other Claim

    New York, NY – June 30, 2021 – The National Advertising Division (NAD) of BBB National Programs did not take issue with support provided for Johnson & Johnson Consumer, Inc.’s  claim that its Neutrogena brand provides “#1 Derm-Trusted Suncare.” NAD, recommended, however, that JJCI modify its use of the claim in conjunction with the phrase “used most often for themselves and their own families” to avoid misleading consumer takeaways. NAD also recommended that the advertiser discontinue several "#1 Dermatologist Recommended" claims.

  • 6/29/2021 - National Advertising Division Refers TikTok Influencer Advertising for Coldest Water Bottle to Federal Trade Commission for Further Review

    New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by The Coldest Water, LLC to the Federal Trade Commission (FTC) for review. Through its ad monitoring program, NAD inquired about numerous TikTok videos by influencers featuring the reusable, insulated Coldest Water bottle. The advertiser did not respond to NAD’s request to provide support for its claims.

  • 6/29/2021 - National Advertising Division Recommends Life Renew Discontinue Certain Claims for its NerveRenew Dietary Supplement

    New York, NY – June 29, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Neuropathy Treatment Group, d/b/a Life Renew, discontinue the following claims for its NerveRenew dietary supplement: “100% Stabilized R-Alpha Lipoic Acid (R-ALA) is our most important ingredient," “It contains the most powerful and clinically studied forms of B vitamins, Stabilized R Alpha Lipoic Acid, anti-oxidants and herbal extracts. All the ingredients have been included in clinical studies and provide a synergistic effect when taken together," and “3X Greater Bioavailability." The claims at issue were challenged by the Council for Responsible Nutrition (CRN).

  • 6/24/2021 - National Advertising Division Recommends Audien, LLC Discontinue “Tinnitus Management” and Comparative Pricing Claims for its Rechargeable Hearing Aids

    New York, NY – June 24, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Audien, LLC discontinue the following claims for its rechargeable hearing aid: “Rechargeable Hearing Aids for $89/pair*”, “Similar technology to $5000 hearing aids", and “Can be used for Tinnitus management.” These claims, which appeared in internet advertising, were challenged by NAD as part of the independent non-profit organization’s routine monitoring program.

  • 6/17/2021 - Zinzino Agrees to Direct Selling Self-Regulatory Council Recommendation to Modify and Discontinue Certain Product Performance and Earnings Claims

    McLean, VA – June 17, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) announced the modification and discontinuation of certain product performance and earnings claims made by Zinzino LLC, with two other such claims awaiting final resolution by the nutritional supplements direct selling company. The DSSRC inquiry was commenced through the non-profit watchdog’s ongoing independent monitoring of advertising and marketing claims in the direct selling industry. The claims that were the subject of the inquiry were disseminated by Zinzino salesforce members on social media as well as on the Zinzino company website.

  • 6/17/2021 - National Advertising Review Board Recommends Colgate Discontinue “Removes 10 Years of Yellow Stains” Claim for Optic White Renewal Toothpaste

    New York, NY – June 17, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Colgate-Palmolive Company discontinue the claim that Optic White Renewal Toothpaste “removes 10 years of yellow stains” based on its determination that the claim is not supported by the advertiser’s evidence. 

  • 6/16/2021 - National Advertising Review Board Recommends Boost Mobile Discontinue “Unlimited Data” Claim for 4G LTE Data Plans

    New York, NY – June 16, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Boost Mobile discontinue the claim “unlimited data” for its “Go Unlimited” data plans based on its determination that Boost Mobile failed to provide proper support for the use of the “unlimited data” claim as reasonable consumers understand that term. The advertising at issue, along with certain other claims for Boost Mobile’s “Go Unlimited” plans, had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD).