New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.

The National Advertising Division (NAD) recommended that Nanoceutical Solutions discontinue efficacy and establishment claims for its Nano Glutathione liquid dietary supplement due to a failure to provide sufficient evidence for the claims. The claims at issue were challenged by the Council for Responsible Nutrition (CRN). NAD also recommended that Nanoceutical Solutions modify a “Conditions Associated with LOW Glutathione” Instagram advertisement to avoid conveying the misleading message that supplementation with Nano Glutathione can prevent or reduce the risk of the listed health conditions. 

The National Advertising Division (NAD) recommended that L’Oréal USA discontinue claims that CeraVe is the “#1 dermatologist recommended skincare brand” and that it is the “#1 recommended non-OTC moisturizer for acne-prone skin.” The claims at issue, which appeared in online advertising, social media, and in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc., the maker of competing Neutrogena brand facial and body cleansers, moisturizers, and sunscreens.

New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.

New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.

New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.

New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.

New York, NY – December 2, 2020 – Taking an important step to advance the effectiveness of its quick and efficient self-regulatory programs, BBB National Programs today announced a new National Advertising Division (NAD) partnership with Facebook. Effective immediately, this partnership enables NAD to share case outcomes addressing Facebook advertising directly with Facebook, allowing their enforcement teams to then act on those ads that violate their policies. The result will be to encourage ethical practices among advertisers and a stronger, more robust system of self-regulation. 

New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services. 

New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.

New York, NY – November 4, 2020 – The National Advertising Division (NAD) determined that Advantice Health provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “reduces discoloration.” However, NAD recommended that the advertiser discontinue other product claims, including "clinically proven" and "new and improved," and discontinue or modify challenged product demonstrations. The claims at issue were challenged by Arcadia Consumer Healthcare.