The National Advertising Division (NAD) has referred online advertising claims made by Little Spoon, Inc. for its Little Spoon Baby Food to the Federal Trade Commission and the U.S. Food and Drug Administration for further review after the company declined to comply with NAD’s recommendations to discontinue certain “fresh” claims.
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.
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:
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.
The Council for Responsible Nutrition Foundation (CRNF) and the BBB National Programs’ National Advertising Division (NAD) announced today that the CRN/NAD program will conclude on July 1, 2020. Launched in 2006, the CRN/NAD program has served as a key self-regulatory initiative to monitor and promote truthful and accurate advertising for the dietary supplement industry, closing more than 360 cases.
The BBB National Programs National Advertising Division (NAD) recommended that Factor Nutrition, LLC discontinue the claim that its Focus Factor brain health supplement is “America’s #1 Clinically Studied and Patented Brain Health Formula,” following a challenge by Quincy BioScience, Inc., maker of Prevagen brain health dietary supplement.
The BBB National Programs National Advertising Division (“NAD”) recommended that Church & Dwight Co., Inc. discontinue the comparative claim that its Arm & Hammer Spinbrush toothbrush (“Spinbrush”) provides the “same great clean as the Oral-B Pro 1000,” as well as the accompanying value claim, “instead of paying $50, you get the same great clean for less than $10. So why pay more?” These claims, which appeared in website and television advertising, were challenged by The Procter & Gamble Company (“P&G”), maker of the Oral-B Pro 1000 electric toothbrush.
The National Advertising Division (NAD) determined that GlaxoSmithKline Consumer Healthcare (GSKCH) provided a reasonable basis for its claim that Benefiber Healthy Balance “helps relieve occasional constipation and abdominal discomfort without causing diarrhea.” The claim, which appeared on product packaging for Benefiber Healthy Balance, was challenged by the Procter & Gamble Company (P&G), maker of competing dietary supplement and laxative product, Metamucil.
The National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that Talyoni and Ecoco Cannabis Sativa cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products. The claims were challenged by Zotos International, Inc., maker of Joico and other hair care products.
The National Advertising Division (“NAD”) determined that SmileDirectClub, LLC (“SDC”) substantiated certain express claims regarding the ability of its Smile Direct Club Clear Aligners to correct some bite issues, but recommended modification to others. NAD also recommended that SDC discontinue the challenged comparative claims, savings claims, speed claims, and consumer testimonials, as well as modify certain questions in SDC’s “Smile Assessment” quiz, and SDC’s “Confident Smile Guarantee” policy. The claims were challenged by Align Technology, Inc. (“Align”), maker of Invisalign clear aligners.
The National Advertising Division (“NAD”) determined that Petco Animal Supplies, Inc. had submitted evidence sufficient to demonstrate that it is “setting a bold new standard for nutrition” and that it “will continue to evaluate and evolve [its] standards and assortment to take pet nutrition to new levels.” However, NAD recommended that Petco modify claims that it is removing “all” artificial ingredients or that there will be “no more artificials” in any dog food or treats. NAD also recommended that Petco modify certain hyperlinks to its “Better Nutrition” page, discontinue its characterization of artificial ingredients (i.e. as contained in other pet foods or carried by its competitors) as “nasties” or “bad stuff” and related imagery as to such pet foods in its video advertisement, and discontinue claims that as a result of its initiative to remove artificial ingredients from its store shelves, Petco provides “better nutrition.”
BBB National Programs, where businesses turn to enhance consumer trust and where consumers are heard, today announced that Jim Boyle has joined the organization as Chief Marketing & Communications Officer. The announcement was made by Eric D. Reicin, President and CEO, BBB National Programs, to whom Boyle will report.
The National Advertising Division (“NAD”) determined that SimpliSafe, Inc. supported certain advertising claims for SimpliSafe Home Security, including claims that the system is equipped with features to keep it functioning after an event which may disrupt the system and that SimpliSafe did not have a material connection with certain third-party endorsers. However, NAD recommended modification or discontinuation of other challenged claims, including dispatch speed claims that its system enables police to dispatch 3.5x “faster,” a monitoring and notification claim, and a battery life claim. NAD also recommended modifications to line claims, as well as to challenged endorsements and a testimonial. The claims were challenged by ADT Security Services.
As the United States deals with the unprecedented health crisis caused by the novel coronavirus, BBB National Programs’ Direct Selling Self-Regulatory Council (DSSRC), and the Direct Selling Association (DSA) today urged all direct selling companies and their salesforces to ensure all claims made about health-related products are accurate.
The National Advertising Division has recommended that The Clorox Company discontinue claims made for Clorox Disinfecting Wipes in broadcast and website advertising, in-store materials, and a Spanish-language radio commercial following a challenge by competitor Reckitt Benckiser, LLC.