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1/07/2021 - NAD Recommends Zarbee’s Inc. Qualify Use of the Term “Natural” in its Brand-Name for Some of its Dietary Supplement Products, and Modify Additional Claims
New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.
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1/06/2021 - NAD Finds Certain Claims for PLx Pharma’s Vazalore Immediate-Release Aspirin Supported; Recommends Modification or Discontinuation of Others
New York, NY – January 6, 2020 – The National Advertising Division (NAD) determined that PLx Pharma provided a reasonable basis for certain claims for its Vazalore immediate-release aspirin product, including that there is a “new delivery system for this lifesaving drug” and “we took a different approach.” However, NAD recommended that PLx Pharma discontinue and modify other claims. Once it becomes available for sale, Vazalore will be the only liquid-filled, immediate-release aspirin product that bypasses the stomach and is absorbed in the intestine. The claims at issue, which appeared in online advertising, were challenged by Bayer Healthcare LLC, maker of Bayer aspirin products and pertain solely to Vazalore’s use for secondary prevention.
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12/30/2020 - NAD Finds End-Of-Day Vision and Comfort Superiority Claims for PRECISION1 Daily Contact Lenses Supported; Recommends Modification of Other Claims
New York, NY – December 30, 2020 – The National Advertising Division (NAD) determined that Alcon Vision LLC provided a reasonable basis for certain superiority advertising claims for its PRECISION1 daily contact lenses. However, NAD recommended that the advertiser modify claims that “Five times more contact lens wearers ‘strongly preferred’ PRECISION1 vs. 1-Day ACUVUE MOIST” to more accurately reflect the evidence in the record, and modify its advertising to avoid conveying the message that its in vitro wettability test results relate to the PRECISION1’s vision and comfort benefits. The claims at issue were challenged by Johnson & Johnson Vision Care, maker of competing daily contact lenses.
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12/23/2020 - NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR
New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.
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12/22/2020 - Ontel Voluntarily Discontinues Television Commercial for Portable UV-C Light Product Following NAD Inquiry into Implied COVID-19 Messages
New York, NY – December 22, 2020 – Following an inquiry by the National Advertising Division (NAD), Ontel Products Corporation discontinued television advertising which conveyed implied messages that its Safe & Healthy portable UV-C light product protects users against COVID-19. Through its routine monitoring program, NAD challenged express and implied claims in a television commercial for the product that reasonably conveyed the unsupported message that Safe & Healthy can protect users against COVID-19.
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12/21/2020 - NAD Finds Certain Claims for AARP’s Staying Sharp Supported; Recommends Discontinuation or Modification of Brain-Health Benefit Claims
New York, NY – December 21, 2020 – The National Advertising Division (NAD) determined that AARP provided a reasonable basis for certain advertising claims regarding its Staying Sharp program when describing Staying Sharp as an educational resource and content library intended to help consumers learn about and improve their brain health. However, NAD determined that the advertiser did not provide a reasonable basis for messages that Staying Sharp games and exercises have provable brain-health benefits and recommended discontinuation or modification of such claims. The claims at issue, which appeared on AARP’s website, on social media, and in video advertising were challenged by Posit Science Corporation.
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12/17/2020 - NAD Finds Certain Neebo Baby Monitor Claims Supported and Recommends Modification of Others to Disclose Material Limitations
New York, NY – December 17, 2020 – The National Advertising Division (NAD) determined that Daatrics Ltd. provided a reasonable basis for certain advertising claims made in connection with its Neebo Baby Monitor, and recommended other claims be modified to disclose material limitations. The claims at issue for Neebo, an Internet of Things-connected wearable monitor that provides alerts and statistics to caregivers while children are in motion or asleep, were challenged as part of NAD’s routine monitoring program. -
12/14/2020 - 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. -
12/02/2020 - BBB National Programs Partners with Facebook to Strengthen Truth-in-Advertising Enforcement on the Social Network's U.S. Platform
New York, NY – December 2, 2020 – Taking an important step to advance the effectiveness of its quick and efficient self-regulatory programs, BBB National Programs today announced a new National Advertising Division (NAD) partnership with Facebook. Effective immediately, this partnership enables NAD to share case outcomes addressing Facebook advertising directly with Facebook, allowing their enforcement teams to then act on those ads that violate their policies. The result will be to encourage ethical practices among advertisers and a stronger, more robust system of self-regulation.
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12/02/2020 - NAD Recommends Chobani Modify “45% Less Sugar Than Other Yogurts” Claim to Avoid Implying that “Other Yogurts” Includes Non-Nutritively Sweetened Products
New York, NY – December 2, 2020 – The National Advertising Division (NAD) recommended that Chobani LLC modify its “45% less sugar than other yogurts” claim for its Chobani Less Sugar Greek Yogurt to clearly communicate the basis of comparison and avoid implying that “other yogurts” include yogurt products that use non-nutritive sweeteners. The claims at issue were challenged by Danone US, LLC, manufacturer of competing yogurt products. -
11/30/2020 - Arcadia Consumer Healthcare Violates National Advertising Division Procedures
New York, NY – November 30, 2020 – The National Advertising Division (NAD) determined that Arcadia Consumer Healthcare violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by using the outcome of an NAD case for promotional purposes. The advertising claims at issue in the case were challenged by Arcadia. -
11/23/2020 - Two Fast-Track SWIFT Cases Close in October, One Voluntary Discontinuation of Claim and One Administrative Closure
New York, NY – November 23, 2020 – The National Advertising Division (NAD) closed two Fast-Track SWIFT cases in October, one a challenge brought by DISH Network Wireless against T-Mobile, and the other challenge brought by one maker of personal care products versus another, which was closed by consent of the parties. -
11/19/2020 - NAD Finds AT&T’s “Best Possible” Blog Post Claims Supported
New York, NY – November 19, 2020 – The National Advertising Division (NAD) determined that AT&T Services, Inc. provided a reasonable basis for its self-referential “best possible” claims made in two blog posts on AT&T’s website. The claims at issue were challenged by Comcast Cable Communications, LLC, provider of competing home internet services.
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11/05/2020 - NAD Finds Certain T-Mobile Post-Merger 5G Network Claims Supported; Recommends Modification of Other Benefit Claims
New York, NY – November 5, 2020 – The National Advertising Division (NAD) determined that T-Mobile provided a reasonable basis for its future-based aspirational 5G claims based on the recent merger between T-Mobile and Sprint, however, NAD recommended that T-Mobile modify certain claims to avoid any implication that the promoted benefits resulting from the Sprint/T-Mobile merger will be imminently available to the vast number of T-Mobile customers.
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11/04/2020 - NAD Finds Kerasal Fungal Nail Discoloration Reduction Claim Supported, Recommends Discontinuation of Several Challenged Claims; Advertiser to Appeal
New York, NY – November 4, 2020 – The National Advertising Division (NAD) determined that Advantice Health provided a reasonable basis for the claim that its Kerasal Fungal Nail Renewal product “reduces discoloration.” However, NAD recommended that the advertiser discontinue other product claims, including "clinically proven" and "new and improved," and discontinue or modify challenged product demonstrations. The claims at issue were challenged by Arcadia Consumer Healthcare.
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11/02/2020 - BBB National Programs Adds New Senior Leadership in Privacy Initiatives and Human Resources and an Attorney to NAD
McLean, VA – November 2, 2020 – BBB National Programs, the independent non-profit organization that oversees more than a dozen industry self-regulation programs, today announced new additions to the organization’s senior leadership team that will deepen its bench in privacy, human resources, and truth-in-advertising. The announcement was made by Eric D. Reicin, President and CEO, BBB National Programs. -
10/28/2020 - CapRate Events, LLC Violates National Advertising Division Procedures with Public Mischaracterization of France Media, Inc. Case Decision
New York, NY – October 28, 2020 – The National Advertising Division (NAD) today determined that CapRate Events, LLC violated Section I2(b) of the Procedures for the U.S. advertising industry’s process of self-regulation by mischaracterizing NAD’s decision regarding advertising for its competitor, commercial real estate publisher France Media Inc, (FMI), via email to multiple industry professionals. -
10/28/2020 - IV Drip Voluntarily Discontinues Social Media Posts for IV Hydration Therapy Following NAD Inquiry into Implied COVID-19 Messages
New York, NY – October 28, 2020 – Following an inquiry by the National Advertising Division (NAD), IV Drips Customized IV Hydration & Wellness (“IV Drips”) discontinued Instagram and Facebook social media posts which conveyed implied messages that its IV Hydration Therapy protects users against COVID-19.
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10/27/2020 - NAD Finds Certain doTERRA Phrases to be Puffery; Recommends Discontinuation of Challenged Essential Oils Health Benefit Claims; Advertiser to Appeal
New York, NY – October 27, 2020 – The National Advertising Division (NAD) determined that doTERRA International, LLC (doTERRA) did not provide a reasonable basis for claims that its doTERRA essential oils provide certain health benefits, including specific benefits for mood, emotions, and the mind. NAD also determined that the evidence in the record was not a good fit for the advertiser’s “Certified Pure Therapeutic Grade” claim. The claims were challenged by S.C. Johnson & Son, Inc., maker of Glade home fragrances and products.
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10/22/2020 - NAD Finds France Media’s Readership Claims Supported; Recommends Modification of “Largest Commercial Real Estate Publisher” Claim
New York, NY – October 22, 2020 – The National Advertising Division (NAD) determined that France Media Inc. (FMI) provided a reasonable basis for certain readership claims for its Commercial Real Estate Publishing Platform, but recommended that FMI modify its claims that it is the “largest commercial real estate publisher in the United States” to more accurately reflect the evidence that it is the largest commercial real estate publisher of print and digital magazines. The claims at issue, which appeared in website, social media advertisements, and in media kits, were challenged by CapRate Events, LLC, a competing commercial real estate publishing platform.
Latest News
BBB National Programs Announces 85 Distinguished Members of 2021 National Advertising Review Board Panel
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BBB National Programs Partners with Facebook to Strengthen Truth-in-Advertising Enforcement on the Social Network's U.S. Platform
New York, NY – December 2, 2020 – Taking an important step to advance the effectiveness of its quick and efficient self-regulatory programs, BBB National Programs today announced a new National Advertising Division (NAD) partnership with Facebook.