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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5/22/2019 - Self-Regulatory Unit, Prompted by Consumers, Brings Ad Tech Companies into Full Compliance with Privacy Principles
The Online Interest-Based Advertising Accountability Program, an independent enforcer of the Digital Advertising Alliance’s self-regulatory Principles, released the results of inquiries into two advertising technology companies. -
5/21/2019 - NAD Refers Puerto Rico Telephone Company Advertising to FTC After Advertiser Declines to Participate; Claims Challenged by AT&T
The National Advertising Division has referred advertising claims made by Puerto Rico Telephone Company to the Federal Trade Commission for further review after the company declined to participate in a proceeding before NAD. -
5/13/2019 - In Response to NAD Inquiry, Maker of Vayarin Dietary Supplement Says Product has Been Discontinued and Company has Closed
VAYA Pharma, Inc., the U.S. manufacturer and supplier of Vayarin, a dietary supplement marketed for the management of ADHD, has advised the National Advertising Division that the product has been discontinued and it has closed its business. -
5/13/2019 - NAD Finds “All In One” Claim Adjacent to Symptom List on Mucinex Label Not Misleading; Recommends Other Changes
The National Advertising Division has found that Reckitt Benckiser, Inc.’s “All in One” claim when positioned adjacent to a list of symptoms treated by its Maximum Strength Mucinex Fast-Max Cold & Flu both on the product label and in a 30-second does not convey the misleading message that the product treats all cold and flu symptoms in one product, following a challenge by The Procter & Gamble Company, the maker of Vick’s DayQuil/Nyquil medications. However, NAD recommended discontinuation of other challenged advertisements. -
5/09/2019 - NARB Recommends Eli Nutrition Discontinue Certain Antacid Claims Made for TummyZen Dietary Supplement, Approves Other Claims
A panel of the National Advertising Review Board (NARB) has recommended that Eli Nutrition, Inc. discontinue certain advertising claims (while also approving others) made on product packaging and in online advertising for Eli Nutrition’s TummyZen dietary supplement. TummyZen is an antacid containing calcium carbonate and zinc. The advertising at issue had been challenged by GlaxoSmithKline Consumer Healthcare, L.P., which sells Tums, before the National Advertising Division (NAD). The NAD is an investigative unit of the advertising industry’s system of self-regulation administered by the Council of Better Business Bureaus. Following the NAD’s decision, Eli Nutrition appealed to the NARB, the appellate unit of the advertising industry’s system of self-regulation. -
5/07/2019 - NAD Finds Verizon’s Ranked #1 by RootMetrics Claims Supported; Recommends Verizon Modify, Discontinue Unqualified “Best Network” and Other Claims
Following a challenge by T-Mobile USA, Inc., the National Advertising Division has concluded that Verizon Wireless, Inc. provided a reasonable basis for its claim that RootMetrics is independent, as well as for its claims that it was “ranked #1 by RootMetrics in Call, Data, Speed, and Reliability,” and that RootMetrics ranked it the best network. However, NAD recommended that the unqualified claims that Verizon is the “Best Network” and “Best Unlimited” be modified so that they are clearly tied to RootMetrics’ test results, or be discontinued. -
5/06/2019 - Cochlear Americas Agrees to Permanently Modify Magazine Advertising Following NAD Inquiry
Cochlear Americas has agreed to permanently modify its “Ask the Expert” magazine advertising to include a clear and conspicuous disclosure that the pieces are advertising for its cochlear implants. The challenge arose from NAD’s routine monitoring program. -
5/02/2019 - NAD Recommends Procter & Gamble Discontinue Television Commercial For Its Tide Pods Making Unsupported Comparative Superiority Claims
Following a challenge by Church & Dwight, the National Advertising Division recommended that Procter & Gamble discontinue a television commercial for its Tide Pods, having found that it reasonably conveys the unsupported message that a single Tide Pods capsule is markedly superior to an entire bottle of Arm & Hammer detergent, regardless of the stain or soil type, and the falsely disparaging message that Arm & Hammer laundry detergent is ineffective. -
5/01/2019 - CARU to Facebook: Improve Mechanisms for Blocking Under-13 Users; Facebook Agrees to Place Age-Gating Mechanisms in Mobile App to Prevent Children from Falsifying Age
The Children’s Advertising Review Unit (CARU) recommended that Facebook, Inc. modify its mobile app to improve its mechanism to prevent underage users from circumventing the age screen. -
4/29/2019 - NAD Finds Comparative FDA-Approved Label Indications Claims For Claritin-D vs. Flonase Supported But Execution Of Claims Problematic.
Following a challenge by GlaxoSmithKline Consumer Healthcare, Inc. (“GSK”), NAD concluded that Bayer Healthcare LLC provided a reasonable basis for its claim that, based on the parties’ respective FDA-approved labels, Claritin is indicated to relieve 8 symptoms of allergies (i.e., sneezing, runny nose, nasal congestion, itching of the nose, itchy eyes, watery eyes, itching of the throat, and sinus congestion and pressure) and the leading allergy spray (Flonase) is only indicated to relieve the first six of these symptoms (i.e., not sinus congestion and pressure or itchy throat.)