NAD Refers IV Drips to FDA and FTC for Claims that IV Hydration Therapy Protects Against COVID-19

The National Advertising Division (NAD), a division of BBB National Programs, has referred advertising claims made by IV Drips, Customized IV Hydration & Wellness (“IV Drips”) for its IV Hydration Therapy to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) for review. The advertiser did not respond to NAD’s request to provide substantiation for its claims.

NAD Recommends Smile Direct Club Discontinue “3x Faster to Use Than Strips” Claim for Tooth Whitening Kit; Finds Certain Other Claims as Puffery

The National Advertising Division (NAD), a division of BBB National Programs, recommended that Smile Direct Club (“SDC”) discontinue its “3x faster to use than strips” claim for its Bright On Whitening Kit. However, NAD concluded that in the absence of the “3x faster to use” comparative claim, certain claims constituted non-actionable puffery. The claims at issue, which appeared in website and social media advertisements, were challenged by The Procter & Gamble Company (“P&G”), maker of Crest Whitestrips. 

NAD Recommends that Young Living Essential Oils Discontinue “Therapeutic Grade” and Health-Related Claims for its Essential Oils; Advertiser to Appeal

The National Advertising Division (NAD) recommended that Young Living Essential Oil, LC (Young Living) discontinue unsupported, health-related essential oil product claims of “therapeutic grade” and physical and/or mental health benefits, as these claims are unsupported. NAD also determined that certain challenged claims constitute permissible puffery which do not require substantiation. The claims at issue were challenged by S.C. Johnson & Son, Inc. Young Living said it will appeal NAD’s decision to the National Advertising Review Board. 

Honey Science LLC Discontinuing Claims for Online Coupon Code Aggregation Service as NAD Began Inquiry

Honey Science LLC (Honey) informed the National Advertising Division (NAD) that, prior to the opening of NAD’s inquiry, it was in the process of discontinuing the express and implied claims brought in this challenge for business reasons. The advertiser’s claims, including the claim that it provides consumers with access to “every working code on the internet,” were challenged by RetailMeNot, Inc., provider of a competing online coupon code aggregation service. 

NAD Fast-Track SWIFT Cases Resolved by Voluntary Discontinuation of Claims and One by Recommendation to Discontinue Claim in Google Ads

The National Advertising Division (NAD) of BBB National Programs announced three new cases resolved in the month of June using its efficient Fast-Track SWIFT (Single Well-Defined Issue Fast Track) challenge process. Security service provider ADT challenged Frontpoint Security Solutions’ “no contract required” claim, kitchen designer Officine Gullo challenged fellow kitchen designer and manufacturer L’Atelier Paris Haute Design’s claim related to their length of time in business, and snack manufacturer Kind challenged Clif Bar with regard to its Google Ads claim “A Better Performing Bar | Clif Bar | For Sustained Energy.” 

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. 

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