BBB National Programs Newsroom

Decision

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...

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Decision

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,...

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Decision

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...

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Decision

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...

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Press Release

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...

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Press Release

BBB National Programs Receives APEC Approval as First U.S. Non-Profit Accountability Agent and Launches Global Privacy Division

McLean, VA – January 26, 2021 – Building upon its longstanding privacy protection work in Europe, BBB National Programs today announced its approval by the Asia-Pacific Economic Cooperation (APEC) as the first U.S.-based non-profit Accountability Agent in the APEC Cross Border Privacy Rules (CBPR) and Privacy...

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Press Release

BBB National Programs Announces 85 Distinguished Members of 2021 National Advertising Review Board Panel

McLean, VA – January 5, 2021 – BBB National Programs today announced the 2021 Panel Pool Members for its National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation. The National Advertising Review Board panel pool members, selected for their stature and experience in their fields,...
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Press Release

BBB National Programs Board of Directors Elects Three New Members

McLean, VA – December 14, 2020 – The Board of Directors of BBB National Programs, an independent non-profit organization that operates more than a dozen self-regulation programs, today announced that it has elected three new members for the 2020-2023 term and re-elected the Board Chair and Board Vice Chair.
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Blog

Avoid Misleading Messages When Advertising Medical Devices

Advertisers of medical devices face complex tasks when marketing their products. In addition to complying with FDA regulations, medical device advertising is subject to the same truth-in-advertising principles set by the FTC. In addition to express claims, marketers are responsible for all the messages reasonably conveyed to consumers in their advertising and should ask some important questions to ensure consumers are not misled. Ask yourself these questions when advertising medical devices to avoid conveying misleading messages.
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Blog

The Do’s and Don’ts of Buying Smart for Baby: A Primer from Privacy Experts

Researching a new product and finding the critical or in-depth information you are looking for to build confidence in your purchasing decision often requires sifting through superficial lists of “best products.” These lists are often sponsored by the products they feature, which means instead of a focus on being helpful they are full of incentivized endorsements and affiliate links. In this blog, we provide a list – not a sponsored list – of some do’s and don’ts for how to confidently research smart devices.
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Blog

When Web Designs Turn Into Dark Patterns And What To Do About It

Recently I wrote about the proliferation of dark patterns and tried to give readers a sense of just how widespread these practices are. But it is not just the pervasiveness of dark patterns that has lawmakers and regulators concerned, it is the intent behind them and their impact on consumers. Nonprofit leaders, in particular, should be aware of this and how to guard against it given that they are well-positioned to garner and enhance consumer trust.
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Blog

Politics Aside, Advertising Gains Guidance on Deception and Substantiation in the 1980s

As we continue to celebrate the 50th anniversary of the National Advertising Division (NAD) we are looking forward while taking stock of past decades, with a special focus on decisions and developments that continue to impact advertising law and NAD cases today. This month we highlight two pivotal moments from the 1980’s that helped shape NAD’s jurisprudence.
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Podcast

Ad Watchers: How Do We Step into the Shoes of the Consumer?

When you see an advertisement, you are likely taking in much more than just the words you are presented with. The visuals, sounds, and way the language is presented can all impact the implied messages that consumers take away. In general, advertisers are required to have a reasonable basis for all messages conveyed, whether express or implied – that’s the easy part. But figuring out...
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Podcast

Ad Watchers: What’s the Recipe for a Proper Advertising Disclosure?

While it may seem like a niche issue to some, disclosures are something every advertising lawyer needs to know about. On this episode of Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the ‘Four Ps’ that advertisers must keep in mind when it comes to disclosures: prominence, presentation, placement, and proximity. Tune in to learn more about the ingredients you need...
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Podcast

Ad Watchers: What Does it Mean to Have a “Reasonable Basis” Standard?

Advertisers are required to have a “reasonable basis” for their advertising claims, but what is “reasonable” in terms of support and the level and type of evidence needed? In this episode of the Ad Watchers, hosts Hal Hodes and La Toya Sutton break down the standard that helps us determine what is reasonable: the Pfizer Factors. Tune in to learn more about each of...
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Podcast

With Great Power Comes Great Responsibility

In the inaugural episode of The Accountability Studio, moderator Mary Engle, Executive Vice President, Policy poses a fundamental question to the leadership of BBB National Programs: Does independent, industry self-regulation really work? Program leaders responded with an emphatic ‘yes,’ but also laid out the numerous factors that can contribute to the success or failure of a self-regulatory...

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