NAD Finds One American Association of Orthodontists Video Puffery; Recommends Discontinuation of Unsupported Implied Claims About Competitor’s Platform
New York, NY – March 2, 2021 – The National Advertising Division (NAD) determined that the American Association of Orthodontists (AAO) supported its implied claim that SmileDirectClub, LLC’s retail stores lack on-site medical professionals. However, NAD has recommended that AAO discontinue implied claims, and certain videos containing such claims, that SmileDirectClub’s direct-to-consumer teledentistry program is risky, ineffective, that medical professionals aren't involved, that the kit is difficult to use, and that the product is ineffective. The claims were challenged by SmileDirectClub, LLC, which provides orthodontic services through its direct-to-consumer teledentistry platform enabling consumers to straighten their teeth using clear plastic aligners from home.
NARB Recommends AT&T Disclose Material Connections When Citing Testing Company Data, Modify “Building 5G on America’s Best Network” Claim
A panel of the National Advertising Review Board (NARB) has recommended that AT&T Services, Inc. clearly and conspicuously disclose its material connection to Global Wireless Solutions (GWS) when making a “Best Network” claim that is based on GWS testing. The NARB panel also recommended that AT&T discontinue the claim that AT&T is “Building 5G on America’s Best Network,” or state in the body of the claim that the “Best Network” referred to is AT&T’s 4G network. The advertising at issue had been challenged by Verizon Wireless, Inc. before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6401), AT&T appealed and Verizon cross appealed.
NAD Recommends T-Mobile Modify Post-Merger 5G Claims to Avoid Implication that Aspirational Benefits are Imminently Available
New York, NY – February 23, 2021 – The National Advertising Division (NAD) recommended that T-Mobile, U.S., Inc. modify certain advertising claims that imply imminent availability of certain promoted benefits to T-Mobile customers as a result of the merger between T-Mobile and Sprint. The T-Mobile claims at issue included “the best 5G network,” the “most reliable 5G network,” and the “best prices” for 5G service and appeared in television and radio advertising that was discontinued in July 2020. These claims were challenged by AT&T Services, Inc.
NAD Recommends Nanoceutical Solutions Discontinue Certain Claims for Nano Glutathione Liquid Dietary Supplement and Modify Instagram Ad
The National Advertising Division (NAD) recommended that Nanoceutical Solutions discontinue efficacy and establishment claims for its Nano Glutathione liquid dietary supplement due to a failure to provide sufficient evidence for the claims. The claims at issue were challenged by the Council for Responsible Nutrition (CRN). NAD also recommended that Nanoceutical Solutions modify a “Conditions Associated with LOW Glutathione” Instagram advertisement to avoid conveying the misleading message that supplementation with Nano Glutathione can prevent or reduce the risk of the listed health conditions.