BBB National Programs Blog

One way to gauge exactly how far we have come in implementing diversity and inclusion is by analyzing what we see on our screens, particularly in advertising. The Children’s Advertising Review Unit (CARU) recognizes the special vulnerabilities of children with their limited knowledge, experience, sophistication, and maturity and often places itself in children’s shoes to gain insight when assessing the role advertisement has in shaping their perception.

Truth in advertising is important to protect consumers and help level the playing field for fair competition in the marketplace. This core concept becomes especially important when advertising health-related products, including over-the-counter drugs and dietary supplements.

Super Bowl LV was watched by a total of 96.4 million viewers, according to Nielsen ratings provided by CBS Sports, and you may have noticed on social media that we decided to have some fun this year. With a little creative help, we developed a game called #BigGameAdClaim BINGO. Being competitive types, we were looking closely for our industry’s fun phrases such as sustainability claims, anthropomorphic animals, and superior performance claims.

Today, the National Advertising Division (NAD) continues to carry the torch for truth-in-advertising. As the advertising landscape has evolved over the last 50 years, NAD has continued to adapt to new products, new industries, and new advertising media. Laura Brett, Vice President of NAD, and New York Office Lead for BBB National Programs discusses truth-in-advertising trends, hot topics, and issues that lie ahead.

As 2020 draws to a close it is a good time to reflect on learnings about the future of authorized transatlantic data transfer mechanisms. In light of Brexit and continuing developments surrounding Schrems II, we discuss what the structure of the current Privacy Shield Framework can teach us much about what future commercial transfer mechanisms are likely to look like, as well as what businesses can do to shore up their compliance efforts.

The Federal Trade Commission (FTC)’s December 14 Operation Income Illusion initiative is a crackdown by the FTC and 19 federal, state, and local law enforcement partners against those that purport to offer significant income opportunities but that end up costing consumers thousands of dollars. This effort is consistent with an ongoing effort in the direct selling industry to ensure income claims are communicated truthfully and accurately.

BBB National Programs has published the Children's Food and Beverage Advertising Initiative (CFBAI) and Children’s Confection Advertising Initiative (CCAI) Report on Compliance and Progress During 2019. The report finds excellent compliance by all companies participating in the programs from January 2019 – December 2019. The report also notes the CFBAI participants’ implementation of stricter Uniform Nutrition Criteria in 2020.

During an uncertain year, the team at the Children’s Advertising Review Unit (CARU) stayed busy. Through casework, online conferences, an evolving technology landscape, updates to policy and guidelines, and new thought leadership, our efforts furthered our mission to help companies comply with the laws and guidelines that protect children and their personal data.

While the FCC regulates children’s cable television and allows for only 10.5-12 minutes of advertising to be shown per hour, there is no comparable guidance to regulate the volume or frequency of ads in digital advertising.

With results from the presidential election officially in but the U.S. Senate in a state of uncertainty until Georgia’s runoffs in January, businesses are contemplating what a divided government could mean for them. Yet while it is only prudent to assess how executive and legislative decisions might reshape marketplace conditions over the next several years, I suggest there is a more pressing problem for businesses to address right now: a lack of trust in the marketplace.