NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform

New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home. 

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NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available

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.

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NAD Recommends Nanoceutical Solutions Discontinue Certain Claims for Nano Glutathione Liquid Dietary Supplement and Modify Instagram Ad

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. 

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NAD Recommends L’Oréal Discontinue “#1 Dermatologist Recommended” Claim for CeraVe; Advertiser to Appeal

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.

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NAD Recommends Zarbee’s Inc. Qualify Use of the Term “Natural” in its Brand-Name for Some of its Dietary Supplement Products, and Modify Additional Claims

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.

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NAD Finds Certain Claims for PLx Pharma’s Vazalore Immediate-Release Aspirin Supported; Recommends Modification or Discontinuation of Others

New York, NY – January 6, 2020 – The National Advertising Division (NAD) determined that PLx Pharma provided a reasonable basis for certain claims for its Vazalore immediate-release aspirin product, including that there is a “new delivery system for this lifesaving drug” and “we took a different approach.” However, NAD recommended that PLx Pharma discontinue and modify other claims. Once it becomes available for sale, Vazalore will be the only liquid-filled, immediate-release aspirin product that bypasses the stomach and is absorbed in the intestine. The claims at issue, which appeared in online advertising, were challenged by Bayer Healthcare LLC, maker of Bayer aspirin products and pertain solely to Vazalore’s use for secondary prevention.

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NAD Finds End-Of-Day Vision and Comfort Superiority Claims for PRECISION1 Daily Contact Lenses Supported; Recommends Modification of Other Claims

New York, NY – December 30, 2020 – The National Advertising Division (NAD) determined that Alcon Vision LLC provided a reasonable basis for certain superiority advertising claims for its PRECISION1 daily contact lenses. However, NAD recommended that the advertiser modify claims that “Five times more contact lens wearers ‘strongly preferred’ PRECISION1 vs. 1-Day ACUVUE MOIST” to more accurately reflect the evidence in the record, and modify its advertising to avoid conveying the message that its in vitro wettability test results relate to the PRECISION1’s vision and comfort benefits. The claims at issue were challenged by Johnson & Johnson Vision Care, maker of competing daily contact lenses.

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NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR

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.

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Ontel Voluntarily Discontinues Television Commercial for Portable UV-C Light Product Following NAD Inquiry into Implied COVID-19 Messages

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.

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NAD Finds Certain Claims for AARP’s Staying Sharp Supported; Recommends Discontinuation or Modification of Brain-Health Benefit Claims

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.

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NAD Finds Certain Neebo Baby Monitor Claims Supported and Recommends Modification of Others to Disclose Material Limitations

New York, NY – December 17, 2020 – The National Advertising Division (NAD) determined that Daatrics Ltd. provided a reasonable basis for certain advertising claims made in connection with its Neebo Baby Monitor, and recommended other claims be modified to disclose material limitations. The claims at issue for Neebo, an Internet of Things-connected wearable monitor that provides alerts and statistics to caregivers while children are in motion or asleep, were challenged as part of NAD’s routine monitoring program.

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BBB National Programs Partners with Facebook to Strengthen Truth-in-Advertising Enforcement on the Social Network's U.S. Platform

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. 

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NAD Recommends Chobani Modify “45% Less Sugar Than Other Yogurts” Claim to Avoid Implying that “Other Yogurts” Includes Non-Nutritively Sweetened Products

New York, NY – December 2, 2020 – The National Advertising Division (NAD) recommended that Chobani LLC modify its “45% less sugar than other yogurts” claim for its Chobani Less Sugar Greek Yogurt to clearly communicate the basis of comparison and avoid implying that “other yogurts” include yogurt products that use non-nutritive sweeteners. The claims at issue were challenged by Danone US, LLC, manufacturer of competing yogurt products.

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NAD Finds AT&T’s “Best Possible” Blog Post Claims Supported

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. 

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NAD Finds Certain T-Mobile Post-Merger 5G Network Claims Supported; Recommends Modification of Other Benefit Claims

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.

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NAD Finds Kerasal Fungal Nail Discoloration Reduction Claim Supported, Recommends Discontinuation of Several Challenged Claims; Advertiser to Appeal

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. 

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BBB National Programs Adds New Senior Leadership in Privacy Initiatives and Human Resources and an Attorney to NAD

McLean, VA – November 2, 2020 – BBB National Programs, the independent non-profit organization that oversees more than a dozen industry self-regulation programs, today announced new additions to the organization’s senior leadership team that will deepen its bench in privacy, human resources, and truth-in-advertising. The announcement was made by Eric D. Reicin, President and CEO, BBB National Programs.  

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Case

Case #33-2021: – Monitoring Inquiry – RBC Life Sciences, Inc.

The Direct Selling Self-Regulatory Council (“DSSRC”) is a national advertising self-regulation program administered by BBB National Programs. This inquiry was commenced by the DSSRC pursuant to its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
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Decision

NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform

New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended...

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Decision

NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim

A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also...

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Decision

NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available

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...

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