National Advertising Division Recommends Guideline Modify or Discontinue “#1” and “Most Popular” 401(k) Claims
New York, NY – July 16, 2025 - In a Fast-Track SWIFT challenge brought by Human Interest Inc., BBB National Programs’ National Advertising Division recommended that Guideline, Inc. modify or discontinue advertising claims that its 401(k) program is the “Most Popular” and “#1” among Gusto, Inc. customers.
Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). Human Interest and Guideline compete in the retirement benefits market, offering 401(k) plans to small and medium-sized businesses through partnerships with Gusto’s payroll and HR platform.
Human Interest challenged claims in online advertising regarding Guideline’s popularity with companies that utilize Gusto’s online payroll and human resources solutions. If a Gusto client wants to offer its employees a 401(k) plan through Gusto, the client has the option of selecting a provider, such as Human Interest or Guideline, that partners with Gusto.
At issue was whether Guideline is currently the top choice among Gusto clients for 401(k) providers. Specifically, NAD reviewed the express claims “We’re Gusto’s #1 retirement partner” and “Most popular 401(k) with Gusto customers,” and the implied claim that more Gusto customers select Guideline for their 401(k) program than any other provider.
In the context in which the challenged claims appear, NAD found that one message reasonably conveyed is that Gusto clients are currently selecting Guideline for their 401(k) plan more often than any other provider. While the record demonstrated that Guideline is the leader in the total number of active 401(k) plans among Gusto customers, Guideline did not demonstrate which 401(k) provider is currently being selected by more Gusto customers.
Accordingly, NAD recommended that Guideline either discontinue the claims “We’re Gusto’s #1 retirement partner” and “Most popular 401(k) with Gusto customers,” or modify the claims to (1) include a clear and conspicuous disclosure indicating that the basis for the claims is the number of active accounts with Gusto customers; or (2) communicate as part of the main claim that they are based on the number of active accounts with Gusto customers.
In its advertiser statement, Guideline stated that it “thanks the NAD for its review.”
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). Human Interest and Guideline compete in the retirement benefits market, offering 401(k) plans to small and medium-sized businesses through partnerships with Gusto’s payroll and HR platform.
Human Interest challenged claims in online advertising regarding Guideline’s popularity with companies that utilize Gusto’s online payroll and human resources solutions. If a Gusto client wants to offer its employees a 401(k) plan through Gusto, the client has the option of selecting a provider, such as Human Interest or Guideline, that partners with Gusto.
At issue was whether Guideline is currently the top choice among Gusto clients for 401(k) providers. Specifically, NAD reviewed the express claims “We’re Gusto’s #1 retirement partner” and “Most popular 401(k) with Gusto customers,” and the implied claim that more Gusto customers select Guideline for their 401(k) program than any other provider.
In the context in which the challenged claims appear, NAD found that one message reasonably conveyed is that Gusto clients are currently selecting Guideline for their 401(k) plan more often than any other provider. While the record demonstrated that Guideline is the leader in the total number of active 401(k) plans among Gusto customers, Guideline did not demonstrate which 401(k) provider is currently being selected by more Gusto customers.
Accordingly, NAD recommended that Guideline either discontinue the claims “We’re Gusto’s #1 retirement partner” and “Most popular 401(k) with Gusto customers,” or modify the claims to (1) include a clear and conspicuous disclosure indicating that the basis for the claims is the number of active accounts with Gusto customers; or (2) communicate as part of the main claim that they are based on the number of active accounts with Gusto customers.
In its advertiser statement, Guideline stated that it “thanks the NAD for its review.”
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.