SmileDirectClub Will Appeal NAD’s Recommendation to Discontinue Claim that Clear Aligners Deliver Results “3x Sooner Than Braces”

The National Advertising Division (NAD) determined that SmileDirectClub, LLC (SDC) substantiated the claims “Pricing: $1895 or $85 per month” and “Getting started is risk-free,” but recommended SDC discontinue the claim that their system delivers results “3x sooner than braces” as well as the claim that SDC customers receive “the same level of care from a treating dentist or orthodontist as an individual visiting a traditional orthodontist for treatment.” The claims at issue were challenged by the American Association of Orthodontists (AAO), a professional organization made up of orthodontists. SDC said it will appeal NAD’s decision on its “3x sooner than braces” claim to the National Advertising Review Board. 

Social Media Post Implying Continual-G Glutathione Enhancer Protects Against COVID-19 is Discontinued Following NAD Inquiry

Following an inquiry by the National Advertising Division (NAD), INID Research Lab, LLC discontinued a social media post that conveyed an implied message that the immunity-boosting capabilities of Continual-G Glutathione Enhancer protect consumers against COVID-19. The challenged social media post showed an image of a woman wearing a face mask with the text, “Strong IMMUNITY Needs Glutathione” and associated text stating “Building your immunity during these times is more important than ever.” 

NAD Finds T-Mobile Pricing Claim Not Misleading; Recommends Modifications to Certain Disclosures for Unlimited Wireless Plans

The National Advertising Division (NAD) determined that T-Mobile USA, Inc.’s “four lines” advertising was not misleading as to the price per line of a wireless plan. However, NAD recommended modification of disclosures to advertising for T-Mobile’s Essentials and other unlimited plan offerings in certain contexts, to clearly and conspicuously disclose why and when Essentials plan customers will experience prioritization lower than other T-Mobile customers. T-Mobile’s claims were challenged by Charter Communications, Inc., provider of a competing wireless service. 

Advertiser Agrees to Refrain from Claims that Provezza Elderberry Syrup Protects Against COVID-19

Provezza Health, LLC informed the National Advertising Division (NAD) that, prior to the opening of NAD’s inquiry, it had permanently discontinued the Instagram post of Provezza Elderberry Syrup with the text, “Potent Immune Support During A Severe Season” and associated text stating “Provezza is highly concentrated to deliver antioxidant action for immune defense” because the advertisement’s publication cycle had ended. While the advertiser disagreed that the post challenged by NAD conveyed the implied claim that Provezza Elderberry Syrup protects users against COVID-19, it committed to refrain from making express or implied claims with such a message in the future.

P&G Will Appeal NAD’s Recommendation to Discontinue Use of #1 Claim for Oral-B Interdental Picks

The National Advertising Division (NAD) recommended that the Procter & Gamble Company (P&G) discontinue a “#1” claim in its advertising for Oral-B interdental picks. This claim, which appeared on product packaging, free-standing inserts, and online point of purchase advertising and product descriptions was challenged by Sunstar Americas, Inc. (Sunstar), manufacturer of the competing brand of GUM interdental picks. P&G said it will appeal this adverse finding to the National Advertising Review Board. 

NAD Recommends Discontinuance of Blood Boost Dietary Supplement Claim to “Cure” Type 2 Diabetes and “Reverse” Insulin Resistance

The National Advertising Division (NAD) recommended that Nature’s Boost, LLC discontinue certain health-related efficacy claims concerning the ability of its Blood Boost Formula dietary supplement to cure diabetes or substantially reduce a diabetic’s symptoms. NAD further recommended that the advertiser discontinue qualified claims as to the efficacy of any Blood Boost ingredient to confer these benefits, as well as a claim that the product is “all-natural.” The claims were challenged by the Council for Responsible Nutrition (CRN). 

NAD Recommends Discontinuance of Certain “Natural” Claims for Air Wick Essential Mist and Scented Oils; Finds “Lasts up to 60 days” Claim Supported

The National Advertising Division (NAD) recommended that Reckitt Benckiser discontinue certain challenged “natural” claims for Air Wick Fragrance Essential Mist and Air Wick Scented Oils, but determined that the advertiser’s durational claim that Scented Oils “lasts up to 60 days” was substantiated. The claims were challenged by S.C. Johnson & Son, Inc., manufacturer of the competing Glade brand of home fragrance products.  

NAD Recommends Fillerina Skincare Products Discontinue Certain Product Performance Claims

Following an inquiry by the National Advertising Division (NAD), initiated as part of its routine monitoring program, NAD determined that Qf Systems, LLC did not substantiate certain express and implied claims for Fillerina Dermo-Cosmetic Replenishing Gel and Nourishing Film. Therefore, NAD recommended that the advertiser discontinue the claims “Boosted with a powerful blend of hyaluronic acids, this at-home skin care treatment fills in fine lines and wrinkles, revealing a more radiant complexion,” “Fillerina Dermo-Cosmetic Filler Treatment Grade 2 corrects visible wrinkles and expression lines” (and similar express claims) and the implied claim that Fillerina removes lines and wrinkles similar to cosmetic procedures. 

BBB National Programs’ Dona Fraser Reacts to App Developer HyperBeard, Inc.’s Settlement with FTC Regarding Allegations It Illegally Collected Kids’ Data without Parental Consent

Arlington, VA, June 5, 2020 – Dona Fraser, Vice President of BBB National Programs’ Children’s Advertising Review Unit (CARU) today issued the following statement:

“Yesterday’s announcement by the Federal Trade Commission (FTC) regarding HyperBeard, Inc.’s alleged violation of the Children’s Online Privacy Protection Act Rule (COPPA Rule) demonstrates that when companies choose not to follow self-regulatory principles and procedures, they open the door to significant consequences with a regulatory agency such as the FTC. 

Luxury Mattress Manufacturer, The Saatva Company, Should Exercise Caution Making Claims Based on Third-Party Ratings and Rankings

Following a challenge by Casper Sleep Inc., the National Advertising Division (NAD) found there no evidence demonstrating that luxury mattress manufacturer Whitestone Home Furnishings, LLC d/b/a The Saatva Company has material connections to third-party websites that impact the editorial independence of the sites, but recommended Saatva discontinue the claim “America’s best-reviewed luxury sleep brand”  if the claim:  

NAD Recommends Amerisleep Discontinue or Modify “Native Advertising” Websites SleepJunkie.org and SavvySleeper.org

The National Advertising Division (NAD) determined that two mattress ranking and review websites, SleepJunkie.org and SavvySleeper.org, owned by the mattress manufacturer Amerisleep, LLC, may appear independent to consumers and recommended that the advertiser discontinue the sites or modify them to ensure that consumers clearly understand that the websites’ contents are advertising for Amerisleep. The implied claims that the reviews on SleepJunkie.org and SavvySleeper.org do not have a material connection to Amerisleep, were challenged by Casper Sleep Inc. 

NAD Recommends GlaxoSmithKline Discontinue Benefiber Claims of “100% Natural,” Satiety, and Curbing Cravings; Advertiser to Appeal

The National Advertising Division (NAD) recommended that GlaxoSmithKline (GSK) discontinue the express claims that its Benefiber Original and Benefiber Healthy Shape fiber supplements are “100% natural,” and that Benefiber Healthy Shape is “clinically proven to curb cravings,” and “helps you feel full longer.” These claims, which appeared on Benefiber product packaging and website advertising, were challenged by The Procter & Gamble Company (P&G), maker of the competing dietary supplement and laxative product, Metamucil. GSK said that it will appeal the adverse findings to the National Advertising Review Board. 

NAD Finds Certain Invisalign Product Performance Claims Substantiated; Recommends Clear & Conspicuous Disclosures and Discontinuation of Some Claims

The National Advertising Division (NAD) determined that Align Technology, Inc. (“Align”) substantiated certain product performance claims for Invisalign clear aligners as challenged by SmileDirectClub, LLC (“SDC”), maker of Smile Direct Club clear aligners, but recommended modification to the accompanying disclosures. In addition, NAD determined that Align’s description of its SmartForce attachments and the challenged social media posts were not misleading. However, NAD recommended that Align: 

NAD Recommends Verizon Discontinue the Claim that it is Delivering “The Most Powerful 5G Experience for America” in Two TV Commercials; Advertiser to Appeal

The National Advertising Division (“NAD”) determined that, in the context of two challenged television commercials touting Verizon’s rollout of 5G service in sports venues, the claim that “Verizon is building the most powerful 5G experience for America” reasonably communicates a message about the consumer experience of using 5G mobile service that was not supported by the evidence in the record. Therefore, NAD recommended that Verizon discontinue the claim that it is delivering “the most powerful 5G experience for America.” Verizon said that it will appeal this adverse finding to the National Advertising Review Board (NARB). NAD also recommended that the advertiser modify the challenged advertising to ensure that disclosures regarding 5G coverage both inside and outside the touted sports venues are clear and conspicuous (e.g., that Verizon’s 5G service will be available in parts of the sports venues; and that it is available only in parts of select cities). The claims were challenged by AT&T Services, Inc., provider of competing wireless services. 

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Decision

NARB Recommends Choice Home Warranty Modify Certain Claims for its Home Warranty Service Plans, and Discontinue Others

A panel of the National Advertising Review Board (NARB) has recommended that Choice Home Warranty (CHW) modify or discontinue certain claims regarding its home warranty service plans. The advertising at issue had been challenged by competitor Frontdoor, Inc. before the National Advertising Division...
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Decision

SmileDirectClub Will Appeal NAD’s Recommendation to Discontinue Claim that Clear Aligners Deliver Results “3x Sooner Than Braces”

The National Advertising Division (NAD) determined that SmileDirectClub, LLC (SDC) substantiated the claims “Pricing: $1895 or $85 per month” and “Getting started is risk-free,” but recommended SDC discontinue the claim that their system delivers...
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Social Media Post Implying Continual-G Glutathione Enhancer Protects Against COVID-19 is Discontinued Following NAD Inquiry

Following an inquiry by the National Advertising Division (NAD), INID Research Lab, LLC discontinued a social media post that conveyed an implied message that the immunity-boosting capabilities of Continual-G...
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NAD Finds T-Mobile Pricing Claim Not Misleading; Recommends Modifications to Certain Disclosures for Unlimited Wireless Plans

The National Advertising Division (NAD) determined that T-Mobile USA, Inc.’s “four lines” advertising was not misleading as to the price per line of a wireless plan. However, NAD recommended modification of disclosures to advertising...
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