BBB National Programs Decisions
McLean, VA – April 20, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs referred certain representative product performance and earnings claims to the Federal Trade Commission (FTC) for possible enforcement action after Bulavita failed to respond to DSSRC’s inquiry. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated on the company website and by salesforce members implying that Bulavita products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Bulavita salesforce members have made misleading representations in social media posts about income that can be earned as a member of the Bulavita salesforce.
4/15/2021 - NAD Finds Certain Zarbee’s Claims Clearly Identify Honey as The Source of the Cough Soothing Benefit in its Cough Products; Recommends Modification of Others
New York, NY – April 15, 2021 – The National Advertising Division (NAD) determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD recommended modification of other claims to make clear that the cough soothing benefit is attributable to the honey and not the combination of main ingredients. The claims at issue, which appeared on product packaging, website advertising, third-party retailer websites, and on social media, were challenged by Maty’s Healthy Products, LLC.
4/13/2021 - NuWave Voluntarily Modifies Certain OxyPure Air Purifier Claims Following National Advertising Division Inquiry into Implied COVID-19 Messages
New York, NY – April 13, 2021 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, NuWave LLC modified claims on its website and in a YouTube video which conveyed implied messages that its OxyPure Air Purifier is effective against COVID-19. The challenged express claims for the OxyPure Air Purifier were identified through NAD's routine monitoring program.
4/08/2021 - NAD Recommends J.G. Wentworth Company Modify its “Cash Now” Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment
New York, NY – April 8, 2021 – The National Advertising Division (NAD) recommends that the J.G. Wentworth Company modify its advertising to disclose that its offer of “cash now,” in exchange for purchase of the customer’s structured settlement or annuity payment rights, is not immediate, but requires a process that takes, on average, seven weeks to complete. Further, NAD recommended that where there is an implied message that a customer’s receipt of the lump sum is immediate, the advertiser should modify its advertising to clearly and conspicuously disclose material information about the cash-delivery delay.
4/08/2021 - First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge
New York, NY – April 8, 2021 – First Day Life, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued all of the advertising claims and testimonials for the company’s Daily Enrichment Multivitamin that were challenged by the Council of Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed NAD that it has permanently discontinued all the challenged claims and testimonials.
4/07/2021 - National Advertising Division Finds Verizon’s “Fastest 5G in the World” Claim Supported for its 5G Ultra Wideband
New York, NY – April 7, 2021 – The National Advertising Division (NAD) determined that Verizon Communications, Inc. provided a reasonable basis for the comparative performance claim that its 5G Ultra Wideband provides the “Fastest 5G in the World.” NAD concluded that Verizon’s evidence was a good fit for the claim, and that the challenged television commercial clearly and conspicuously discloses that Verizon’s 5G Ultra Wideband is “available only in parts of select cities.” The claim at issue was challenged by AT&T Services, Inc.
4/07/2021 - BBB National Programs’ Privacy Watchdog Brings Public Safety App into Compliance with Ad Privacy Best Practices
McLean, VA – April 7, 2021 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), released a new data privacy case decision for the public safety app MobilePatrol. Appriss, the publisher of MobilePatrol, worked with DAAP to bring its app into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for privacy and interest-based advertising. During its marketplace monitoring, DAAP discovered that third parties were collecting mobile device identifiers and location data through MobilePatrol, which has more than five million downloads in the Google Play Store.
4/06/2021 - NAD Recommends Certain Modifications to Comparative Advertising for Jetty Insurance Agency’s “Admitted” Surety Bond Product
New York, NY – April 6, 2021 – The National Advertising Division (NAD) recommended that Jetty Insurance Agency, LLC modify its comparative advertising claims to clearly disclose the distinctions between its “admitted” surety bond product and LeaseLock, Inc.’s surplus-line lease insurance product. NAD further recommended that Jetty modify its advertising to avoid conveying unsupported messages regarding the damage coverage limits of the parties’ respective products. The claims at issue, which appeared in digital materials, email, sales presentations, sales sheets, and other advertising for the Jetty Security Deposit Alternative Plan were challenged by LeaseLock, Inc.
3/31/2021 - NARB Recommends doTERRA Discontinue Certain Health Benefit and “Therapeutic Grade” Essential Oil Claims
New York, NY – March 31, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that doTERRA International, LLC discontinue a “Certified Pure Therapeutic Grade” claim as well as any use of the term “therapeutic grade” to describe doTERRA’s products. The NARB panel recommendation extends to claims that distinguish doTERRA’s essential oils as qualitatively different or more efficacious than those not considered “therapeutic grade.” NARB has also recommended doTERRA discontinue express and implied aromatherapy claims that promote health and wellness benefits from essential oils and doTERRA essential oil products. The advertising at issue had been challenged by S.C. Johnson & Son, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6420), doTERRA appealed NAD’s recommendation to discontinue some of the claims under review.
3/30/2021 - National Advertising Division Recommends Diamond Foundry More Clearly Disclose Origin of its Laboratory-Grown Diamonds
New York, NY – March 30, 2021 – The National Advertising Division (NAD) recommended that Diamond Foundry, Inc. modify its advertising by clearly and conspicuously disclosing the origin of Diamond Foundry’s laboratory-grown diamonds (LGDs), and discontinue the use of certain terms that could create confusion about the origin of these LGDs, modify certain website claims to more prominently disclose the man-made origin of its diamonds, and discontinue or modify certain social media claims that its LGDs are “real” diamonds. The claims at issue were challenged by the Natural Diamond Council, an association of the world’s leading diamond companies who represent approximately 75 percent of the world’s rough diamond production.