BBB National Programs Decisions
3/25/2021 - National Advertising Division Finds Savings Claims for Xfinity Mobile Supported with Modified Disclosures and Recommends Comcast Modify Other Claims
New York, NY – March 25, 2021 – The National Advertising Division (NAD) determined that Comcast Cable Communications provided a reasonable basis for a qualified claim that by switching to Xfinity Mobile wireless customers can “save hundreds” and “up to $400 a year” on their wireless bill. NAD recommended, however, that Comcast disclose the basis of the claim to avoid overstating the comparative benefits. In addition, NAD recommended that Comcast modify certain savings claims that failed to adequately disclose the material differences in the plans compared. NAD also concluded that Comcast’s use of a fully-shaded map of the contiguous United States, in conjunction with its 5G claims, conveys a supported message. However, NAD recommended Comcast modify its marketing email to disclose clearly and conspicuously that 5G is “only available in parts of select cities.” Further, NAD recommended that Comcast modify its advertising to make clear the basis for its “#1 customer satisfaction” claim (a recent American Customer Satisfaction Index survey report) and avoid conveying that this claim is based on or connected to its 5G offering.
3/24/2021 - Direct Selling Self-Regulatory Council Refers Health-Related Product Performance Claims for UWell Life’s Primocyn Products to FTC
McLean, VA – March 24, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance claims for the Primocyn product line, made by UWell Life, Inc. and its salesforce members, to the Federal Trade Commission (FTC) for possible enforcement action after UWell Life failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are product performance claims made on the Primocyn product website and disseminated by salesforce members on social media implying that Primocyn products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, UWell Life salesforce members implied that Primocyn products have been approved by the FDA.
3/24/2021 - National Advertising Division Finds “Best-In-Class” Claims for 2021 Ford Bronco Supported and Recommends Ford Discontinue or Modify Other Claims
New York, NY – March 24, 2021 – The National Advertising Division (NAD) determined that Ford Motor Company provided a reasonable basis for certain “best-in-class” and historical claims, as well as for identifying the 2021 Ford Bronco in its advertising as part of the “medium traditional utilities” class. The claims at issue, which appeared in digital advertising, on Ford’s website, in press releases and a media kit, and in print advertising, were challenged by FCA US LLC, maker of Jeep brand vehicles.
3/23/2021 - Certain Advertising Claims for FertilitySmart Conceive for Women Dietary Supplement Permanently Discontinued Following NAD Challenge
New York, NY – March 23, 2021 – FertilitySmart informed the National Advertising Division (NAD) that it has permanently discontinued all of the advertising claims for the company’s FertilitySmart Conceive for Women dietary supplement that were challenged by the Council for Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying couples’ experiences with infertility and describing how the FertilitySmart product regulated ovulation and helped with conception even after failure with Clomid, IUI, IVF, and other medical interventions.
3/18/2021 - In Challenge by AT&T, NAD Finds Certain Xfinity 5G Service Limited Availability Disclosures Sufficient and Recommends Comcast Modify Others
New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that certain website disclosures used in connection with claims for Comcast Cable Communication, Inc.’s Xfinity 5G wireless service clearly and conspicuously disclosed the limited availability of the 5G service at the time. However, NAD recommended that the advertiser modify a challenged Amy Poehler commercial, as well as two other related 5G claims, with more conspicuous disclosures. The claims at issue were challenged by AT&T Services, Inc.
3/18/2021 - NAD Finds Boost Mobile’s “Talk and Text” Claim Supported; Recommends Certain “Unlimited” Claims for 4G LTE Data Plans Be Discontinued; Advertiser to Appeal
New York, NY – March 18, 2021 – The National Advertising Division (NAD) determined that Boost Mobile supported the “Talk & Text” portion of the claim “Unlimited Data, Talk & Text” for its 4G LTE data plans. The advertising industry watchdog recommended, however, that Boost discontinue the claims “Unlimited SD Streaming,” “Unlimited HD Streaming,” and “Unlimited Data,” because these were not substantiated and could not be cured by a disclosure. Boost will appeal NAD's recommendation regarding its “Unlimited Data” claim. AT&T Services, Inc. challenged Boost’s claims on the basis that the 4G LTE data plans are throttled to 2G speeds after the consumer hits the monthly data cap.
3/17/2021 - NAD Recommends Goli Nutrition Modify Energy Production Claims for Apple Cider Vinegar Gummies, and Discontinue Skin Health Claims
New York, NY – March 17, 2021 – The National Advertising Division recommended that Goli Nutrition Inc. modify its Apple Cider Vinegar (ACV) Gummies “Vitamin B12 to help support energy production” claim to make it clear that Goli is referring to cellular energy and to avoid conveying the impression that consumers taking its ACV Gummies will feel a noticeable increase in energy or become more energetic. NAD also recommended that Goli discontinue certain skin health claims. These claims were challenged by Pharmavite LLC, a competing manufacturer of Nature Made brand dietary supplements.
3/17/2021 - Three NAD Fast-Track SWIFT Cases Resolved; One Claim Supported, One Recommendation to Discontinue Claim, One Claim Voluntarily Discontinued
New York, NY – March 17, 2021 – The National Advertising Division (NAD) of BBB National Programs announced the resolution of three new Fast-Track SWIFT cases: T-Mobile challenged Verizon’s depiction of a 5G coverage map, Prose challenged Function’s “over 110,000 5-star product reviews” claim, and Lidl challenged certain Aldi comparative pricing claims. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases.
3/16/2021 - NAD Finds SmileDirectClub “60% Less Than Braces” Claim Supported with Modifications; Recommends “60% Less Than Other Brands” Claim be Discontinued
New York, NY – March 16, 2021 – The National Advertising Division (NAD) determined that SmileDirectClub, LLC provided a reasonable basis for the claim that their treatment system costs “60% less than braces,” but recommended SmileDirectClub modify the claim to ensure that consumers are provided with all material information relevant to its price comparison, and NAD also recommended that SmileDirectClub discontinue the claim “60% less than other brands." The claims at issue, which appeared in online advertising, were challenged by Align Technology, Inc., maker of Invisalign clear aligners.
3/16/2021 - Claims that a 5.3 Ounce Yogurt Cup of Chobani Complete Contains Up to 25 Grams of Protein are Permanently Discontinued Following NAD Challenge
New York, NY – March 16, 2021 – Chobani LLC informed the National Advertising Division (NAD) of BBB National Programs that it will permanently discontinue challenged express claims that its Chobani Complete 5.3-ounce yogurt cup contains 25 grams of protein. The advertiser’s claims, which appeared in video advertisements, were challenged by Danone North America, a competing manufacturer of yogurt products