National Advertising Division (NAD)

NAD Finds Certain Invisalign Product Performance Claims Substantiated; Recommends Clear & Conspicuous Disclosures and Discontinuation of Some Claims

The National Advertising Division (NAD) determined that Align Technology, Inc. (“Align”) substantiated certain product performance claims for Invisalign clear aligners as challenged by SmileDirectClub, LLC (“SDC”), maker of Smile Direct Club clear aligners, but recommended modification to the accompanying disclosures. In addition, NAD determined that Align’s description of its SmartForce attachments and the challenged social media posts were not misleading. However, NAD recommended that Align: 

NAD Recommends Verizon Discontinue the Claim that it is Delivering “The Most Powerful 5G Experience for America” in Two TV Commercials; Advertiser to Appeal

The National Advertising Division (“NAD”) determined that, in the context of two challenged television commercials touting Verizon’s rollout of 5G service in sports venues, the claim that “Verizon is building the most powerful 5G experience for America” reasonably communicates a message about the consumer experience of using 5G mobile service that was not supported by the evidence in the record. Therefore, NAD recommended that Verizon discontinue the claim that it is delivering “the most powerful 5G experience for America.” Verizon said that it will appeal this adverse finding to the National Advertising Review Board (NARB). NAD also recommended that the advertiser modify the challenged advertising to ensure that disclosures regarding 5G coverage both inside and outside the touted sports venues are clear and conspicuous (e.g., that Verizon’s 5G service will be available in parts of the sports venues; and that it is available only in parts of select cities). The claims were challenged by AT&T Services, Inc., provider of competing wireless services. 

CRN and NAD Continue Commitment to Self-Regulatory Efforts for Dietary Supplement Advertising as the CRN/NAD Program Ends

The Council for Responsible Nutrition Foundation (CRNF) and the BBB National Programs’ National Advertising Division (NAD) announced today that the CRN/NAD program will conclude on July 1, 2020. Launched in 2006, the CRN/NAD program has served as a key self-regulatory initiative to monitor and promote truthful and accurate advertising for the dietary supplement industry, closing more than 360 cases. 

NAD Recommends Discontinuance of Claim that Arm & Hammer Spinbrush Toothbrush Provides “The Same Great Clean” as the Oral-B Pro 1000 for a Fraction of the Price

The BBB National Programs National Advertising Division (“NAD”) recommended that Church & Dwight Co., Inc. discontinue the comparative claim that its Arm & Hammer Spinbrush toothbrush (“Spinbrush”) provides the “same great clean as the Oral-B Pro 1000,” as well as the accompanying value claim, “instead of paying $50, you get the same great clean for less than $10. So why pay more?” These claims, which appeared in website and television advertising, were challenged by The Procter & Gamble Company (“P&G”), maker of the Oral-B Pro 1000 electric toothbrush. 

NAD Findings Support the Claim that Benefiber Healthy Balance “Helps Relieve Occasional Constipation and Abdominal Discomfort Without Causing Diarrhea”

The National Advertising Division (NAD) determined that GlaxoSmithKline Consumer Healthcare (GSKCH) provided a reasonable basis for its claim that Benefiber Healthy Balance “helps relieve occasional constipation and abdominal discomfort without causing diarrhea.” The claim, which appeared on product packaging for Benefiber Healthy Balance, was challenged by the Procter & Gamble Company (P&G), maker of competing dietary supplement and laxative product, Metamucil.

Following National Advertising Division Challenge, Claims that Talyoni and Ecoco Cannabis Sativa Cosmetic and Wellness Products Contain CBD will be Discontinued

The National Advertising Division (“NAD”) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively “Talyoni”) discontinue express claims that Talyoni and Ecoco Cannabis Sativa cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products. The claims were challenged by Zotos International, Inc., maker of Joico and other hair care products. 

NAD Finds Certain Performance Claims for Smile Direct Club Clear Aligners Supported, but Recommends Modification to Others| Recommends Discontinuation of Challenged Comparative Savings Claims, Speed Claims, and Testimonials

The National Advertising Division (“NAD”) determined that SmileDirectClub, LLC (“SDC”) substantiated certain express claims regarding the ability of its Smile Direct Club Clear Aligners to correct some bite issues, but recommended modification to others. NAD also recommended that SDC discontinue the challenged comparative claims, savings claims, speed claims, and consumer testimonials, as well as modify certain questions in SDC’s “Smile Assessment” quiz, and SDC’s “Confident Smile Guarantee” policy.  The claims were challenged by Align Technology, Inc. (“Align”), maker of Invisalign clear aligners.

Privacy group brings app publisher and website of health treatment centers into compliance with best practices

Today, the Digital Advertising Accountability Program (DAAP) released new actions detailing its efforts to provide consumers with control over how their data is used in personalized digital advertising. The privacy watchdog brought the app developer Mammoth Media into full compliance with the Digital Advertising Alliance’s self-regulatory principles (DAA Principles), which are best practices for privacy and interest-based advertising (IBA). Separately, the program alerted Recovery Centers of America, a company that operates addiction treatment facilities, to IBA on its website which the company immediately addressed.

NAD Finds Supported Petco’s Claim that it is “Setting a Bold New Standard for Nutrition”; Recommends Modification|Discontinuance of Certain “No More Artificials” Claims

The National Advertising Division (“NAD”) determined that Petco Animal Supplies, Inc. had submitted evidence sufficient to demonstrate that it is “setting a bold new standard for nutrition” and that it “will continue to evaluate and evolve [its] standards and assortment to take pet nutrition to new levels.” However, NAD recommended that Petco modify claims that it is removing “all” artificial ingredients or that there will be “no more artificials” in any dog food or treats. NAD also recommended that Petco modify certain hyperlinks to its “Better Nutrition” page, discontinue its characterization of artificial ingredients (i.e. as contained in other pet foods or carried by its competitors) as “nasties” or “bad stuff” and related imagery as to such pet foods in its video advertisement, and discontinue claims that as a result of its initiative to remove artificial ingredients from its store shelves, Petco provides “better nutrition.”

NAD Finds Supported Certain Advertising Claims for SimpliSafe Home Security; Recommends Modification / Discontinuation of Others, Including Claim that its System Enables Police to Dispatch 3.5x “Faster”

The National Advertising Division (“NAD”) determined that SimpliSafe, Inc. supported certain advertising claims for SimpliSafe Home Security, including claims that the system is equipped with features to keep it functioning after an event which may disrupt the system and that SimpliSafe did not have a material connection with certain third-party endorsers. However, NAD recommended modification or discontinuation of other challenged claims, including dispatch speed claims that its system enables police to dispatch 3.5x “faster,” a monitoring and notification claim, and a battery life claim. NAD also recommended modifications to line claims, as well as to challenged endorsements and a testimonial. The claims were challenged by ADT Security Services.

Advertising Self-Regulation Reaches the 2020 Election Cycle: BBB National Programs Watchdog Releases Latest Political Ads Report

Building upon its longstanding work in the digital privacy arena, BBB National Programs’ Digital Advertising Accountability Program (DAAP) today published its second report on 2020 trends in political advertising. The report provides a snapshot of political advertising in a 2020 campaign season that has been disrupted by the impact of the novel coronavirus, as well as a look at advertisers’ compliance with the Digital Advertising Alliance’s Political Advertising Principles, published in 2018 and enforced by DAAP.

Creekside Natural Therapeutics to Discontinue Advertising Claims for Focused Mind Jr. Dietary Supplement Following NAD Challenge

The National Advertising Division has recommended that Creekside Natural Therapeutics LLC discontinue “clinically proven,” performance, ingredient, and comparative claims for its Focused Mind Jr. dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”). Initially, NAD referred this matter to the Federal Trade Commission for possible enforcement action because the advertiser failed to file an Advertiser’s Statement either agreeing to comply with NAD’s recommendations or appealing the decision to the NARB. However, after this referral, Creekside Natural Therapeutics submitted its Advertiser’s Statement and agreed to comply with NAD’s recommendations.

3M Challenges Advertising for S.C. Johnson’s ‘Pledge Fabric Sweeper’

The National Advertising Division of the Council of Better Business Bureaus has recommended that S.C. Johnson modify or discontinue certain advertising claims for its Pledge Fabric Sweeper, a product designed to pick up pet hair. However, NAD has determined that the advertiser can support certain claims for the product