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.
4/07/2022 - National Advertising Review Board Recommends Bausch + Lomb Discontinue or Modify Certain Claims for INFUSE Contact Lenses
New York, NY – April 7, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Bausch Health US, LLC discontinue or modify certain claims for its Bausch + Lomb INFUSE brand of silicone hydrogel daily contact lenses. The advertising at issue had been challenged before NAD by Alcon Vision, LLC. After NAD’s decision was rendered, Bausch + Lomb appealed to NARB as part of the advertising industry’s self-regulatory process.
4/05/2022 - Direct Selling Self-Regulatory Council Recommends Tastefully Simple Discontinue Earnings Claims
McLean, VA – April 5, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain earnings claims disseminated by Tastefully Simple, Inc. salesforce members be discontinued. Tastefully Simple is a multi-level marketing company that sells meal kits and other prepared food products. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
3/31/2022 - Direct Selling Self-Regulatory Council Recommends Innov8tive Discontinue Certain Earnings and Health-Related Product Performance Claims
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that certain product performance and earnings claims made by Innov8tive Nutrition and its salesforce be discontinued. The claims that were the subject of the inquiry were disseminated by Innov8tive and its salesforce members on Facebook as well as on the company website. Innov8tive is a direct selling company that sells nutritional supplements delivered in patch form.
3/30/2022 - Direct Selling Self-Regulatory Council Refers FutureNet Earnings Claims to the Federal Trade Commission for Possible Enforcement
McLean, VA – March 30, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after FutureNet, Inc., a direct selling company offering online platforms and networking services, failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings claims disseminated by salesforce members on social media implying that participating in the company’s business opportunity will result in earning significant, career-level income.
3/29/2022 - Direct Selling Self-Regulatory Council Recommends Young Living Discontinue Certain Health-Related Product Claims in Compliance Inquiry
McLean, VA – March 29, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) opened a compliance inquiry to review advertising from Young Living Essential Oils, LLC that had been the subject of an inquiry from 2020. In this compliance inquiry, DSSRC identified new claims that referred to similar health-related claims that were challenged in the 2020 inquiry, including claims that Young Living’s products can effectively treat COVID-19 and its symptoms.
3/24/2022 - NAD Finds Certain “Fewer Calories” and “Less Fat” Claims for Danone Light & Fit Yogurt Supported; Recommends Modifications to Danone Two Good Yogurt Claims
New York, NY – March 24, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Danone US, LLC has a reasonable basis to support some "fewer calories" and "less fat" claims for its Light & Fit brand yogurt products, however, NAD recommended certain modifications to “percentage less” sugar claims for Danone’s Two Good Vanilla yogurt and Two Good Plain yogurt. These claims, which appeared on product packaging, were challenged by Chobani, LLC.
3/22/2022 - National Advertising Division Finds “225k 5-Star Product Reviews” Claim for Prose Customizable Hair Products Supported, With QualificationNew York, NY – March 22, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that PerSé Beauty Inc. (doing business as “Prose”) provided a reasonable basis for the claim “225k 5-star product reviews on Review and Refine” for its customizable hair products. However, NAD recommended that the advertiser clearly disclose qualifying information related to how it collects and counts reviews.
3/17/2022 - Children’s Advertising Review Unit Recommends Jazwares Modify Misleading Ads and Product Packaging for Micro Machines; Company Agrees to Comply
McLean, VA – March 17, 2022 – The Children’s Advertising Review Unit (CARU) determined that Jazwares advertising and product packaging for Micro Machines Corvette and World of Micro Machines Playsets were likely to mislead children. CARU also determined that Jazwares’ Micro Machines Corvette video advertisement unrealistically depicted how the playset can perform. CARU recommended that the advertiser modify the advertisements and product packaging to clearly depict what the product sets include, to make clear and conspicuous disclosures where needed, and in the case of the Corvette ads, to accurately depict how the cars perform.
3/17/2022 - National Advertising Division Finds Certain T-Mobile Home Internet Claims Supported; Recommends Others Be Modified or Discontinued
New York, NY – March 17, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that T-Mobile USA, Inc.’s “no data caps” claim for its Home Internet service was not misleading. NAD also found that T-Mobile’s advertising did not reasonably convey a disparaging message that competing cable internet providers, including challenger Charter Communications, Inc., require long-term contracts and exploding bills, as compared to T-Mobile’s Home Internet service. However, NAD recommended that T-Mobile discontinue or modify several other claims.
3/16/2022 - National Advertising Division Recommends P&G Discontinue Claim that Olay Body Wash “Improves Skin 3X Better” than the Leading Body Wash
New York, NY – March 16, 2022 – The National Advertising Division (NAD) recommended that P&G discontinue the claim that Olay body wash “improves skin 3X better” than the leading body wash. NAD also recommended that the advertiser modify the disclosure in its “Lessons in Layering” print advertisement to accurately identify the body wash used in its supporting study. These claims, made by P&G in digital, print, and TV advertising, were challenged by Unilever, maker of competing personal care products.