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.
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4/01/2020 - NAD Finds Kraft Heinz’s Claim, “Upgrade Your Mayonnaise” is Puffery When Used to Attract Attention to its Own Product But Not in Comparative Setting
The National Advertising Division has determined that Kraft Heinz’ claim “Upgrade Your Mayonnaise” on point-of-purchase (“POS) displays for its Heinz Real Mayonnaise is puffery in the context of placement locations in front of its products following a challenge by Unilever United States, Inc., maker of Hellmann’s mayonnaise. -
4/01/2020 - NAD Recommends S.C. Johnson Discontinue “Non-Toxic” Claim on Method Cleaning Products; Advertiser to Appeal to NARB
The National Advertising Division (“NAD”) recommended that S.C. Johnson & Son, Inc. (“SCJ”) discontinue the claim “non-toxic” on package labeling for certain Method Cleaning Products, following a challenge by The Procter & Gamble Company (“P&G”), maker of household goods including Mr. Clean cleaning sprays. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.
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4/01/2020 - NAD Recommends S.C. Johnson Discontinue “Non-Toxic” Claim on Windex Vinegar Glass Cleaner; Advertiser to Appeal to NARB
The National Advertising Division (“NAD”) recommended that S.C. Johnson & Son, Inc. (“SCJ”) discontinue the claim “non-toxic” on package labeling for its Windex Vinegar Glass Cleaner, following a challenge by The Procter & Gamble Company (“P&G”), maker of household goods including Mr. Clean cleaning sprays. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.
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3/31/2020 - CRN, Nutrex Participate In NAD Forum
The National Advertising Division of the Council of Better Business Bureaus has recommended that Nutrex Inc. discontinue certain advertising claims for the dietary supplement Vitrix Maximum Impact. -
3/30/2020 - Advertising Claims for HAPPYneuron Brain-Training Method Modified or Permanently Discontinued Following NAD Inquiry
HAPPYneuron stated that it will modify or permanently discontinue the advertising claims for its brain-training method that were at issue in an inquiry before the National Advertising Division. The advertiser’s claims, which appeared in social media and website advertising at www.happy-neuron.com, were challenged by Posit Science Corporation, maker of competing brain-training exercises. -
3/26/2020 - NARB Finds Supported Claims by Molekule that the PECO Filter of its MH1 Air Purifier Can Address Bioaerosol and VOC Pollution; Recommends Discontinuance or Modification of Other Claims, Including Discontinuance of Superiority Claims vs. HEPA Filters
A panel of the National Advertising Review Board (“NARB”) has determined that Molekule Inc. properly supported claims that the PECO technology filter of its MH1 Air Purifier (“MH1”) can address bioaerosol and VOC pollution. The panel further found supported the general efficacy claim that “Molekule’s revolutionary nanotechnology destroys pollutants at the molecular level.” However, NARB recommended that Molekule discontinue or modify certain non-quantified pollution elimination claims for its MH1 device, and discontinue the challenged comparative superiority claims versus air purifiers that contain HEPA filters.
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3/23/2020 - NAD Recommends Church & Dwight Discontinue “Clinically Proven Absorption” Claim for Vitafusion Gummy Dietary Supplements; Advertiser to Appeal to NARB
The National Advertising Division (“NAD”) recommended that Church & Dwight Co., Inc. discontinue the claim “clinically proven absorption” on product labels, the vitafusion website, tradeshow materials and during video advertisements for its vitafusion gummy line of dietary supplements. The claim was challenged by Pharmavite LLC, manufacturer of Nature Made dietary supplements. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board. -
3/17/2020 - NAD Recommends Discontinuation of Line Claims that Body Armor Sports Drinks are “More Natural” and have “More Natural Ingredients” Than Gatorade
The National Advertising Division (“NAD”) recommended that BA Sports Nutrition, LLC (“BA”) discontinue the following claims for its Body Armor and Body Armor Lyte sports drinks: “The More Natural Sports Drink,” “More Natural Ingredients than Gatorade Thirst Quencher & Gatorade Zero,” “The More Natural Low-Calorie Sports Drink,” and “More Natural Ingredients than Gatorade Thirst Quencher & Gatorade Zero.” The claims were challenged by Stokely-Van Camp, Inc. (“SVC”), maker of competing Gatorade sports drinks.
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3/11/2020 - National Advertising Division Recommends Trek Narrowly Tailor Helmet Performance Claims to Underlying Study; Modify Claim that Bontrager WaveCel Helmets are “up to 48x More Effective Than Traditional Foam Helmets”
The National Advertising Division (“NAD”) determined that Trek Bicycle Corporation had submitted evidence sufficient to demonstrate that its study of head injury protection comparative performance testing between its Bontrager WaveCel helmets (“WaveCel helmets”) and competitive products was reliably conducted. However, due to concerns about the fit between this study and the advertiser’s quantified comparative safety claim, NAD recommended that Trek discontinue the claim that its WaveCel helmet is “up to 48x more effective than traditional foam helmets in protecting your head from injuries caused by certain cycling accidents.”
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3/10/2020 - National Advertising Division Recommends Modification or Discontinuance of Comparative Visibility Message in Always Discreet Incontinence Pads Advertising
The National Advertising Division (“NAD”) recommended that The Procter & Gamble Company (“P&G”) modify or discontinue challenged television commercials and print advertising to avoid conveying an unsupported comparative visibility message between its Always Discreet incontinence pads and competing Poise incontinence pads, following a challenge by Kimberly-Clark Corporation (“K-C”).