BBB National Programs Decision Summaries

The National Advertising Division has determined that Chattem, Inc. provided a reasonable basis for claims that Xyzal Allergy 24HR is “nearly half the size” of Zyrtec. NAD recommended that the advertiser modify its original “half the size” claim to “nearly half the size” and to modify the accompanying disclaimer to state that the claim is based on the pills’ relative volume or dimensions, and to omit the references to dextrocetirizine in order to more clearly convey the basis for the claim.

The National Advertising Division recommended that AT&T Services, Inc. discontinue or modify claims that consumers should switch to AT&T’s internet service to “get rid of fees,” following a challenge by Comcast Cable Communications, Inc., a provider of competing broadband service.

BioAmicus Laboratories, Inc. has agreed to permanently discontinue certain challenged advertising claims for its Parent’s Choice Probiotic Colic Drops product, including claims that the drops are “Clinically shown to reduce crying time by 50%”  following a challenged filed with the National Advertising Division by Nestle Nutrition, maker of Gerber Soothe Probiotic Drops.

A panel of the National Advertising Review Board (NARB) has recommended that Dyson clearly and conspicuously disclose that its “most powerful suction” claim for its V8 cordless vacuums is being made in comparison to other cordless vacuums but disagreed with NAD’s other proposed  modifications to the claim. The panel also recommended that Dyson discontinue unqualified claims that its V8 cordless vacuums provide 40 minutes of runtime. The panel also recommended that Dyson modify (but not discontinue) claims that its V8 cordless vacuums provide “up to 40 minutes” of runtime. The panel further recommended that Dyson discontinue the challenged “new battery chemistry” claim.

A panel of the National Advertising Review Board (NARB) has recommended that Kimberly-Clark discontinue its “fastest growing brand in hospitals” claim unless that claim is supported by recent data that includes Kimberly-Clark’s sales data in addition to reliable third-party sales or market share data for the hospital diaper market as a whole. The panel also recommended that any such claim be qualified to exclude smaller competitors that have grown at a faster rate (e.g., the “fastest growing brand” claim could indicate that it is being made against leading brands).

The National Advertising Division concluded that Arthur Andrews Medical, Inc. provided a reasonable basis for certain claims for its Aminolase TPA Dietary Supplement, a protein digesting enzyme designed to improve amino acid conversion when used in conjunction with protein-rich meals and/or supplements. NAD recommended, however, that other claims be discontinued.

The National Advertising Division determined that Advanced Purification Engineering Corporation (APEC) is not responsible for substantiating online customer reviews on third-party websites which state that its products were “Made in the USA.” APEC makes residential reverse osmosis (RO) drinking water filtration systems and its claims were challenged by Aquasana, Inc., a competing manufacturer of water filtration products.  NAD also found that APEC provided a reasonable basis for its claim made via search engine results that it is a “U.S. manufacturer.”

Following a challenge by Samsung, the National Advertising Division recommended that LG discontinue its claims that its OLED televisions have “Perfect Color” but found that other claims were either supported or puffery.

Children throwing water balloons at unsuspecting adults may seem like child’s play, but the Children’s Advertising Review Unit (CARU) has found that it violates the Core Principle 7 of CARU’s Self-Regulatory Program for Children’s Advertising.   CARU is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus.

The Online Interest-Based Advertising Accountability Program released new decisions detailing its efforts to bring website publishers into compliance with the Digital Advertising Alliance’s Self-Regulatory Principles, which outline best practices for digital ad privacy.