BBB National Programs Decision Summaries

The Children’s Advertising Review Unit (CARU) has referred television advertising for the Paramount Pictures’ film “Iron Man 2” to the Motion Picture Association of America (MPAA) for further review.

The Children’s Advertising Review Unit has recommended that MEGA Brands modify broadcast advertising for the company’s “Battle Strikers Turbo Tops” to better disclose that batteries are not included with the initial purchase.

The Children’s Advertising Review Unit (CARU) has recommended that McDonald’s take care to assure in future advertising directed to children that commercials focus on the advertised food product and not on the premium.

The Children’s Advertising Review Unit (CARU) has recommended Mattel, Inc., modify the website Shop.mattel.com, to better protect children’s privacy.

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.

The Children’s Advertising Review Unit (CARU) has recommended that Cepia LLC, modify broadcast advertising for “Kung Zhu Pets Battling Hamsters” and related products to more clearly disclose which items come the initial purchase.

The Children’s Advertising Review Unit (CARU) has determined that advertising for MEGA Brands, Inc., “Dragons Universe” construction sets could, through the use of computer-generated imagery, mislead children as to the capabilities of the advertised toys.

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. 

A five-person panel of the National Advertising Review Board has recommended that Origins Natural Resources, Inc., discontinue advertising claims that Plantscription Anti-aging serum rivals an anti-wrinkle prescription and provides 88 percent of the visible wrinkle-reducing power of a prescription.

The National Advertising Division determined that Simmons Bedding Company could support certain advertising claims for the company’s “ComforPedic Mattresses from Beautyrest,” but recommended the company modify or discontinue certain claims.