BBB National Programs Decisions

Subscribe to receive a weekly case decision digest in your inbox.
  • 04/27/2020 - NAD Finds Certain Performance Claims for Smile Direct Club Clear Aligners Supported, but Recommends Modification to Others| Recommends Discontinuation of Challenged Comparative Savings Claims, Speed Claims, and Testimonials

    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.
  • 04/23/2020 - Privacy group brings app publisher and website of health treatment centers into compliance with best practices

    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.
  • 04/22/2020 - NAD Finds Supported Petco’s Claim that it is “Setting a Bold New Standard for Nutrition”; Recommends Modification|Discontinuance of Certain “No More Artificials” Claims

    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.”
  • 04/21/2020 - NAD Finds Supported Certain Advertising Claims for SimpliSafe Home Security; Recommends Modification / Discontinuation of Others, Including Claim that its System Enables Police to Dispatch 3.5x “Faster”

    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.
  • 04/13/2020 - Creekside Natural Therapeutics to Discontinue Advertising Claims for Focused Mind Jr. Dietary Supplement Following NAD Challenge

    The National Advertising Division has recommended that Creekside Natural Therapeutics LLC discontinue “clinically proven,” performance, ingredient, and comparative claims for its Focused Mind Jr. dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”). Initially, NAD referred this matter to the Federal Trade Commission for possible enforcement action because the advertiser failed to file an Advertiser’s Statement either agreeing to comply with NAD’s recommendations or appealing the decision to the NARB. However, after this referral, Creekside Natural Therapeutics submitted its Advertiser’s Statement and agreed to comply with NAD’s recommendations.

  • 04/07/2020 - Direct Selling Self-Regulatory Council Refers Health-Related Product Claims by New U Life, Inc. to the Federal Trade Commission and the Food and Drug Administration

    The Direct Selling Self-Regulatory Council (“DSSRC”) has referred certain health-related claims made by New U Life, Inc. (“New U Life” or the “Company”) for its Somaderm hGH transdermal gel to the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) for possible enforcement action after the Company failed to comply with DSSRC’s recommendations to modify or discontinue such claims. The health-related product claims at issue in DSSRC’s inquiry pertained to product efficacy as well as claims that Somaderm product was “FDA Registered” and that the product had clinical applications. In addition, the DSSRC inquiry also included a number of additional health-related claims (e.g., “Regrowth of heart, liver, spleen, kidney and other organs that shrink with age”; “14.4% loss of fat on average after six months without dieting”; “Superior immune function”; “Greater cardiac output”; “Superior immune function,” etc.) and a number of before-and-after depictions purportedly demonstrating the results received from using the product.
  • 04/06/2020 - NARB Finds Supported the Claims that Aleve is “Proven Better On Pain” than Tylenol Extra Strength For First Six Hours After Ingestion

    A panel of the National Advertising Review Board (“NARB”) has determined that Bayer Healthcare LLC has properly supported the claims that Aleve is “Proven Better on Pain than Tylenol Extra Strength” and “Proven Better on Pain than Tylenol,” but has recommended that the advertiser modify such claims by adding a clear and conspicuous disclosure that the asserted pain-relief superiority is based on clinical data from the first six hours after initial dosing. 
  • 04/01/2020 - NAD Recommends Clorox Modify, Discontinue Certain Claims for Disinfecting Wipes Following Reckitt Benckiser Challenge

    The National Advertising Division has recommended that The Clorox Company discontinue claims made for  Clorox Disinfecting Wipes in broadcast and website advertising, in-store materials, and a Spanish-language radio commercial following a challenge by competitor Reckitt Benckiser, LLC.
  • 04/01/2020 - NAD Recommends Bausch + Lomb Modify, Discontinue Certain Claims Made in Advertorial; Claims Challenged by Alcon Laboratories

    The National Advertising Division has recommended that Bausch + Lomb Inc., modify or discontinue certain claims made in an advertorial context that refer to Alcon Laboratories, Inc.’s OPTI-FREE RepleniSH contact lens solution.
  • 04/01/2020 - NAD Finds WinCup Can Support Biodegradability Claims for ‘Vio’ Cups, Recommends Revisions to Disclosures

    The National Advertising Division has determined that New WinCup Holdings, Inc., can support biodegradability claims for the company’s Vio expandable polystyrene cups, a single-use product for the food-service industry. NAD recommended that the advertiser add qualifying language to its disclosure regarding the availability of wetter and biologically active landfills.