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.
1/05/2022 - National Advertising Review Board Upholds Qualified Clinically Proven Claim for SlimFast Plan; Recommends “Clinically Proven” Product Claims Be Discontinued
New York, NY – January 5, 2022 – A panel of the National Advertising Review Board (NARB) has concluded that KSF Acquisition Corp. (SlimFast) has proper substantiation for a qualified claim that the SlimFast Plan is clinically proven but found that SlimFast’s product-related “clinically proven” claims are unsubstantiated. The NARB panel declined to adopt the recommendation of the National Advertising Division (NAD) that the advertiser qualify its “lose weight and keep it off” claim to disclose that long-term weight maintenance will likely include some weight regain. The advertising at issue had been challenged by Simply Good Foods (Atkins) before NAD. Following NAD’s decision (Case No. 6952), SlimFast appealed certain NAD findings and recommendations.
12/28/2021 - National Advertising Division Finds Chime’s “No Overdraft Fees” Claims Supported; Recommends Qualification of “No Hidden Fees” Claims
New York, NY – December 28, 2021 – The National Advertising Division (NAD) determined that Chime Financial, Inc.’s advertising for its “SpotMe” program disclosed the material information necessary to ensure that claims about its program are substantiated, that Chime’s “no overdraft fees” claims are supported, and that the Chime homepage adequately qualifies its “no fees” claim so that consumers understand that out-of-network ATM fees are not among the hidden fees it eliminates. However, NAD recommended that Chime qualify claims on its “No Hidden Fees” webpage and television advertising to make clear that the eliminated fees do not include out-of-network ATM fees.
12/22/2021 - National Advertising Division Refers Advertising for PLx Pharma’s Vazalore to FTC After Compliance ReviewNew York, NY – December 22, 2021 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by PLx Pharma, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action after the company declined to accept NAD’s recommendations to modify certain claims for its Vazalore immediate-release aspirin product.
12/21/2021 - National Advertising Division Recommends Cryo-Cell Discontinue or Modify Certain Health-Related Claims for Cord Blood Banking and Treatment Services
New York, NY – December 21, 2021 – The National Advertising Division (NAD) recommended that Cryo-Cell discontinue the unsupported message that families must engage the advertiser’s cord blood storage services to ensure access to the advertised cord blood infusion treatments, or modify its advertising to avoid conveying the message that consumers have exclusive or superior access to advertised cord blood infusion treatments by virtue of choosing Cryo-Cell for storage services. The advertising at issue was challenged by ViaCord, LLC, a provider of competing cord blood banking services.
12/21/2021 - National Advertising Review Board Recommends that Mint Mobile Discontinue or Modify “UNLIMITED” and “UNLTD” Claims for its High-Speed Data Plan
New York, NY – December 21, 2021 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Mint Mobile LLC discontinue the use of “UNLIMITED” and “UNLTD” headlines in its advertising or modify them to clearly communicate that its plan does not offer unlimited high-speed data. The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process.
12/14/2021 - National Advertising Division Recommends Comcast Discontinue “Unlimited 5G” and “Best Price” Claims for Xfinity 5G Mobile Plans
New York, NY – December 14, 2021 – The National Advertising Division (NAD) recommended that Comcast Cable Communications, LLC discontinue certain “Unlimited 5G” and “best price” claims for its Xfinity 5G mobile plans as challenged by competitor T-Mobile US, Inc.
12/09/2021 - In Four Fast-Track SWIFT Cases, National Advertising Division Recommends Advertiser Claims be Modified or Discontinued; Three Decisions to be Appealed
New York, NY – December 9, 2021 – The National Advertising Division (NAD) closed four Fast-Track SWIFT cases in November. In these cases AT&T challenged Mint Mobile’s online and mobile advertisements for its high-speed data plan; Bayer HealthCare challenged the prominence or sufficiency of disclosures in video advertising by PLx Pharma Inc. for its Vazalore aspirin product; NAOOA challenged comparative claims about other olive oils sold in the US, made by olive oil manufacturer Brightland; and P&G challenged “#1 Brand” claims made by Perrigo in print and online advertising for its Plackers brand dental floss products.
12/08/2021 - Direct Selling Self-Regulatory Council Refers Social Media Earnings Claims for Dot Dot Smile to the FTC and California Attorney General for Possible Enforcement
McLean, VA – December 08, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) and the California Attorney General's Office for possible enforcement action after Dot Dot Smile, a direct selling company that sells children’s clothing, failed to adequately respond to DSSRC’s inquiry.
12/01/2021 - National Advertising Division Finds Certain Bausch + Lomb Claims for INFUSE Contact Lenses Supported; Advertiser Appeals Other Findings
New York, NY – December 1, 2021 – The National Advertising Division (NAD) determined that Bausch Health provided a reasonable basis for certain INFUSE silicone hydrogel (SiHy) daily contact lens and lens property claims. However, NAD recommended other challenged claims be modified or discontinued. The claims, which appeared in an INFUSE contact lens brochure directed to Eye Care Professionals (ECPs), along with substantially similar claims appearing in a video and on a consumer-facing website, were challenged by Alcon Vision, LLC, manufacturer of competing DAILIES TOTAL1 (DT1) contact lenses. B+L will appeal NAD’s decision.
11/30/2021 - National Advertising Division Recommends Byte Disclose Incentivized Reviews for Aligner Products
New York, NY – November 30, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that Straight Smile, LLC (Byte) take reasonable measures to provide clear and conspicuous disclosures informing consumers that the review was incentivized for each incentivized review on its website and on BestCompany.com, and discontinue its advertising ranking on BestCompany.com or modify the advertising to ensure that consumers clearly understand that Best Company’s ranking is advertising for Byte and not an honest review from an independent third party. The claims were challenged by SmileDirectClub, LLC.