National Advertising Division Recommends Agendia Disclose Material Connection to Doctor Featured in Social Media Posts
New York, NY – August 12, 2025 - In a Fast-Track SWIFT challenge brought by Genomic Health, Inc. (GHI), BBB National Programs’ National Advertising Division recommended that Agendia, Inc. clearly and conspicuously disclose its relationship with a doctor in social media posts featuring her endorsement of Agendia’s MammaPrint test.
Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). GHI, a wholly owned subsidiary of Exact Sciences, and Agendia compete in the field of genomic testing for early-stage breast cancer.
At issue for NAD was whether Agendia’s social media posts that involved comments and interviews, in which a doctor touts Agendia’s MammaPrint genomic test to evaluate early-stage breast cancer over GHI’s Oncotype DX Breast Recurrence Score® test and claims that the Oncotype DX test is inappropriate for black women and less accurate than MammaPrint, required a disclosure of a material connection to the doctor.
The posts in question appeared on Agendia’s LinkedIn account and linked to articles in which a prominent surgical oncologist is interviewed.
GHI argued that the doctor and Agendia have a “close relationship” that necessitates a disclosure, citing, for example, co-authored research with Agendia and in her role as a Site Principal Investigator in Agendia’s FLEX Study, for which she receives modest compensation to cover study-related costs and travel reimbursement to an annual meeting.
NAD found that, given the context of the posts and the nature of the doctor’s relationship to Agendia, the LinkedIn posts may reach a general audience, including potential patients. NAD also noted that the posts prominently feature the doctor’s credentials and support of Agendia’s test, and while she is not a paid endorser, Agendia amplified her statements on its social media, associating the company with her positive endorsements.
Therefore, NAD recommended that Agendia clearly and conspicuously disclose its connection to the doctor in its posts to accurately communicate the nature of their relationship.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB Procedures, this release may not be used for promotional purposes.
Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). GHI, a wholly owned subsidiary of Exact Sciences, and Agendia compete in the field of genomic testing for early-stage breast cancer.
At issue for NAD was whether Agendia’s social media posts that involved comments and interviews, in which a doctor touts Agendia’s MammaPrint genomic test to evaluate early-stage breast cancer over GHI’s Oncotype DX Breast Recurrence Score® test and claims that the Oncotype DX test is inappropriate for black women and less accurate than MammaPrint, required a disclosure of a material connection to the doctor.
The posts in question appeared on Agendia’s LinkedIn account and linked to articles in which a prominent surgical oncologist is interviewed.
GHI argued that the doctor and Agendia have a “close relationship” that necessitates a disclosure, citing, for example, co-authored research with Agendia and in her role as a Site Principal Investigator in Agendia’s FLEX Study, for which she receives modest compensation to cover study-related costs and travel reimbursement to an annual meeting.
NAD found that, given the context of the posts and the nature of the doctor’s relationship to Agendia, the LinkedIn posts may reach a general audience, including potential patients. NAD also noted that the posts prominently feature the doctor’s credentials and support of Agendia’s test, and while she is not a paid endorser, Agendia amplified her statements on its social media, associating the company with her positive endorsements.
Therefore, NAD recommended that Agendia clearly and conspicuously disclose its connection to the doctor in its posts to accurately communicate the nature of their relationship.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB Procedures, this release may not be used for promotional purposes.