NAD Finds Certain Zarbee’s Claims Clearly Identify Honey as The Source of the Cough Soothing Benefit in its Cough Products; Recommends Modification of Others

New York, NY – April 15, 2021 – The National Advertising Division (NAD) determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD recommended modification of other claims to make clear that the cough soothing benefit is attributable to the honey and not the combination of main ingredients. The claims at issue, which appeared on product packaging, website advertising, third-party retailer websites, and on social media, were challenged by Maty’s Healthy Products, LLC.

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NuWave Voluntarily Modifies Certain OxyPure Air Purifier Claims Following National Advertising Division Inquiry into Implied COVID-19 Messages

New York, NY – April 13, 2021 – Following an inquiry by the National Advertising Division (NAD) of BBB National Programs, NuWave LLC modified claims on its website and in a YouTube video which conveyed implied messages that its OxyPure Air Purifier is effective against COVID-19. The challenged express claims for the OxyPure Air Purifier were identified through NAD's routine monitoring program.

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    BBB National Programs Adds FTC Veteran Mamie Kresses as Vice President, Children’s Advertising Review Unit (CARU)

    McLean, VA – April 12, 2021 – BBB National Programs, the independent non-profit organization that oversees more than a dozen industry self-regulation and dispute resolution programs, today announced the hire of FTC veteran Mamie Kresses as Vice President, Children’s Advertising Review Unit (CARU). Kresses moves from the FTC’s Division of Advertising Practices to lead BBB National Programs’ CARU, the first FTC-approved COPPA Safe Harbor in the U.S. and the independent industry self-regulation program responsible for protecting children from deceptive and inappropriate advertising and irresponsible online data collection practices. 

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    DSSRC Administrative Closure #158

    The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) about two Facebook posts that were made by salesforce members of the Company. The first post conveyed strong health-related product claims including that the Company’s products combat COVID-19 and the second presented the earning opportunity afforded by selling the Company’s product as a way to make significant income during the pandemic.

    DSSRC Administrative Closure #157

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding five Facebook posts that came to its attention pursuant to its independent monitoring of marketing claims in the direct selling industry. Four of the posts made health claims pertaining to the Company’s immunity boosting products and COVID-19. In the remaining post, the Company’s salesforce member claimed that by participating in the Company’s business opportunity its salesforce members can earn a weekly income of $50,000 and a monthly income of $200,000.

    DSSRC Administrative Closure #156

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding two Facebook posts that came to its attention pursuant to its independent monitoring of marketing claims in the direct selling industry. These posts made by the Company’s salesforce members included serious health-related claims for its products regarding immunity boosting and cancer-prevention.

    DSSRC Administrative Closure #155

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding two Facebook posts and a YouTube video that came to its attention pursuant to its independent monitoring of marketing claims in the direct selling industry. Both Facebook posts made financial freedom claims, and one made explicit “doubled my income” claims. The YouTube video made health-related claims pertaining to COVID-19.

    DSSRC Administrative Closure #154

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding three Facebook posts and a YouTube video that came to DSSRC’s attention pursuant to its independent monitoring of direct selling claims disseminated on social media.  The first Facebook post included a video testimonial and claims pertaining to the medical benefits that could result from using the Company’s products. The second Facebook post included a claim that the Company’s product can “fight the virus” and the remaining Facebook post stated that Company salesforce members would be financially free through participating in the Company’s business opportunity. Lastly, the YouTube video included testimonials from several woman who sold products for the Company and discussed the financial independence that came from participating in the Company’s business opportunity.

    DSSRC Administrative Closure #153

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding two Facebook posts and a Slideshare presentation that were identified pursuant to DSSRC’s independent monitoring of marketing claims in the direct selling industry. The two Facebook posts included claims that the Company’s product could treat COVID-19 and its accompanying symptoms. The Slideshare presentation included earnings representations which communicated that Company salesforce members could become financially independent and earn significant income by participating in the Company’s business opportunity.

    DSSRC Administrative Closure #152

    The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) regarding three Facebook posts made by salesforce members of the Company.  DSSRC was concerned that the three Facebook posts contained strong health-related product performance claims including but not limited to claims that certain of the Company’s products can treat and/or prevent chronic migraines, cancer, anxiety and epilepsy.

    DSSRC Administrative Closure #151

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding three Facebook posts that were identified by DSSRC as part of its ongoing monitoring of advertising and marketing claims in the direct selling industry.

    DSSRC Administrative Closure #150

    The Direct Selling Self-Regulatory Council (DSSRC) contacted a direct selling company (“Company”) regarding two Facebook posts and a YouTube video that came to its attention pursuant to its independent monitoring of marketing claims in the direct selling industry. In one Facebook post, the salesforce referenced earning $550 in the first month working for the Company. The second Facebook post included a photograph of a stack of $100 bills accompanied by a claim stating: “Want to earn a second source of income?” Similarly, the description of the YouTube video stated, “Online Passive Income Secret (Make Money While You Sleep)” – The video also included representations such as “Want To Earn A Second Easy Income?”

    DSSRC Administrative Closure #149

    The Direct Selling Self-Regulatory Council (“DSSRC”) contacted a direct selling company (the “Company”) regarding one Facebook post and two TikTok posts disseminated by salesforce members of the Company.  DSSRC was concerned that the Facebook post conveyed disease treatment claims and that the TikTok posts contained strong health-related product performance claims including claims that the Company’s products can treat and/or prevent COVID-19.

    NAD Recommends J.G. Wentworth Company Modify its “Cash Now” Claims to Clearly and Conspicuously Disclose Material Information about Timing of Payment

    New York, NY – April 8, 2021 – The National Advertising Division (NAD) recommends that the J.G. Wentworth Company modify its advertising to disclose that its offer of “cash now,” in exchange for purchase of the customer’s structured settlement or annuity payment rights, is not immediate, but requires a process that takes, on average, seven weeks to complete. Further, NAD recommended that where there is an implied message that a customer’s receipt of the lump sum is immediate, the advertiser should modify its advertising to clearly and conspicuously disclose material information about the cash-delivery delay. 

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    First Day Life Permanently Discontinues Certain Advertising Claims for Daily Enrichment Multivitamin Following National Advertising Division Challenge

    New York, NY – April 8, 2021 – First Day Life, Inc. informed the National Advertising Division (NAD) of BBB National Programs that it has permanently discontinued all of the advertising claims and testimonials for the company’s Daily Enrichment Multivitamin that were challenged by the Council of Responsible Nutrition (CRN). CRN also challenged several consumer testimonials relaying parents’ experiences with the vitamins and describing how the product stopped their children’s tantrums and hyperactivity. First Day Life informed NAD that it has permanently discontinued all the challenged claims and testimonials.

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    National Advertising Division Finds Verizon’s “Fastest 5G in the World” Claim Supported for its 5G Ultra Wideband

    New York, NY – April 7, 2021 – The National Advertising Division (NAD) determined that Verizon Communications, Inc. provided a reasonable basis for the comparative performance claim that its 5G Ultra Wideband provides the “Fastest 5G in the World.” NAD concluded that Verizon’s evidence was a good fit for the claim, and that the challenged television commercial clearly and conspicuously discloses that Verizon’s 5G Ultra Wideband is “available only in parts of select cities.” The claim at issue was challenged by AT&T Services, Inc.

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    BBB National Programs’ Privacy Watchdog Brings Public Safety App into Compliance with Ad Privacy Best Practices

    McLean, VA – April 7, 2021 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), released a new data privacy case decision for the public safety app MobilePatrol. Appriss, the publisher of MobilePatrol, worked with DAAP to bring its app into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for privacy and interest-based advertising. During its marketplace monitoring, DAAP discovered that third parties were collecting mobile device identifiers and location data through MobilePatrol, which has more than five million downloads in the Google Play Store.

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    Ad Watchers: So, Who’s Making These Advertising Rules?

    National Advertising Division (NAD) attorneys Hal Hodes and La Toya Sutton break down the guiding principle behind all NAD decisions: consumer understanding. Hal and La Toya discuss what it means to step into the shoes of the consumer and break down all the factors that NAD takes into consideration during an advertising review that regulators (e.g., the FTC or FDA) may not.  

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    National Advertising Division Recommends Certain Modifications to Comparative Advertising for Jetty Insurance Agency’s “Admitted” Surety Bond Product

    New York, NY – April 6, 2021 – The National Advertising Division (NAD) recommended that Jetty Insurance Agency, LLC modify its comparative advertising claims to clearly disclose the distinctions between its “admitted” surety bond product and LeaseLock, Inc.’s surplus-line lease insurance product. NAD further recommended that Jetty modify its advertising to avoid conveying unsupported messages regarding the damage coverage limits of the parties’ respective products. The claims at issue, which appeared in digital materials, email, sales presentations, sales sheets, and other advertising for the Jetty Security Deposit Alternative Plan were challenged by LeaseLock, Inc.

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    National Advertising Review Board Recommends doTERRA Discontinue Certain Health Benefit and “Therapeutic Grade” Essential Oil Claims

    New York, NY – March 31, 2021 – A panel of the National Advertising Review Board (NARB) has recommended that doTERRA International, LLC discontinue a “Certified Pure Therapeutic Grade” claim as well as any use of the term “therapeutic grade” to describe doTERRA’s products. The NARB panel recommendation extends to claims that distinguish doTERRA’s essential oils as qualitatively different or more efficacious than those not considered “therapeutic grade.” NARB has also recommended doTERRA discontinue express and implied aromatherapy claims that promote health and wellness benefits from essential oils and doTERRA essential oil products. The advertising at issue had been challenged by S.C. Johnson & Son, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6420), doTERRA appealed NAD’s recommendation to discontinue some of the claims under review.

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