National Advertising Division
Truth & TransparencyVoluntary self-regulation helps create an honest and fair marketplace. Companies benefit from a level playing field and consumers benefit from a more trustworthy marketplace. A 90% participation rate demonstrates the depth of industry’s commitment to self-regulation and truth and transparency.
Issues We ExamineNAD’s legal team specializes in examining advertising claims for a diverse set of goods and services like telecommunications, infant nutrition, over-the-counter medication, and dietary supplements for a wide variety of issues from product efficacy to influencer marketing and the use of consumer reviews.
Time & CostThe NAD process resolves advertising disputes efficiently and almost always faster than a court proceeding. There is no document discovery or depositions, no counterclaims, and the process requires less investment in time and cost than litigating a case.
Navigating UncertaintyNAD has a published body of case precedent and is staffed by decision makers dedicated to resolving advertising disputes, using a process that provides advertisers the right to appeal adverse decisions to the National Advertising Review Board (NARB).
NAD offers three options for submitting challenges for review: Standard Track, Complex Track, and Fast-Track SWIFT. Click on the options below for more information on each track's process, challenge eligibility requirements, timeline, and fees to determine which track is best suited to handle your needs. BBB National Programs National Partners receive a discount on filing fees.
Fast-Track SWIFTSingle-issue digital advertising cases with decisions in 20 business days. Learn More
Standard TrackOpen to a variety of case types with decisions in four to six months. Learn More
Complex TrackCases requiring complex substantiation. Time to decision is determined by the parties. Learn More
Why Use NAD for Advertising Challenges
When a competitor’s advertising harms consumer trust or threatens a company’s reputation and market share, decision makers need to answer three key questions:
Policies & Procedures
Any company, consumer, or non-governmental organization can file a challenge with NAD. We handle about 150 cases each year and our decisions represent the single largest body of advertising decisions in the United States. The NAD | NARB Policies and Procedures describe the details and parameters of NAD's challenge review process.
News & Blog
NAD Refers Leptitox Nutrition to FTC After Company Declines to Provide Substantiation for Dramatic Dietary Supplement Weight Loss Claims
Contact: Abby Hills, Director of Communications, BBB National Programs
703.247.9330 / email@example.com
New York, NY – October 1 , 2020 – The National Advertising Division (NAD) of BBB National Programs determined that Leptitox Nutrition, the maker of the dietary supplement “Leptitox,” a detox, appetite suppressant, and weight loss support product, failed to provide substantiation for its express weight loss advertising claims.
The claims at issue were challenged by the Council for Responsible Nutrition.
NAD requested substantiation for Leptitox’s dramatic express weight loss claims made in website and Instagram advertisements, including:
- “Here’s How I Saved My Wife’s Life with a . . . 5-Second ‘Hack’ That Kills Food Cravings and MELTS 62 lbs of Raw Fat”
- “Lose 62lbs of raw ugly fat from all over her belly, arms, face, hips and thighs . . . Going for [sic] this . . to this. . .” with a before and after image showing significant weight loss.
- “I was motivated to buy Lepitox capsules because of the huge number of good reviews all over the internet. I love this type of weight loss plan because you do not need to think about nutrition at all, just take a few capsules a day and job done! I have dropped from 78 kilograms to 58 and I continue to lose weight!”
- “Dropped 40lbs and sleeping better . . . I cannot begin to tell you how happy I am and took the plunge to test Lepitox. Just like your wife I had tried everything to lose weight and nothings at all! Almost immediately I was noticing how Lepitox [sic] was curbing my appetite and keeping me satisfied after a small amount of food. I sleep better and feel calmer.”
- “My daytime tiredness has gone! For years I was searching for the reason I was tried, sluggish and struggled with losing weight, and now it all makes sense. Just a few days after taking Lepitox my tiredness disappeared. I look and feel younger, and yes I’ve lost over 23 lbs so far, thank you Morgan!”
- “It was Sonya Rhodes and I who developed Leptitox. A breakthrough solution for the treatment of fat storage and belly fat with a natural and safe solution that addresses the root cause of weight gain, leptin resistance!”
NAD also sought supporting evidence for express claims made in Instagram posts featuring before and after images of dramatic weight loss with the following types of captions:
- “From 310 lbs to 183 lbs. she has made a great transformation to herself and her journey is amazing. She was 310lbs when started taking lapitox [sic] and got amazed when she see changes in her body within a month. You can also transform yourself from fat to fit. Get your Lepitox now by clicking link in bio.”
- “Worried too much about weight?? Now you don’t need to think about how to lose weight. Just take Lepitox and you can lose 25-35 lbs within a month without any workout … Get Lepitox with 70% off by clicking link in bio.”
- “This is one of the best transformation by having Lepitox pills. Getting fit is not hard when you take Lepitox. Start losing 7-10 lbs in week with eating your favorite food. Get your Lepitox now and 70% off by clicking link in bio.”
The advertiser failed to provide a substantive written response after repeated requests from NAD for substantiation. As a result, NAD has referred the matter to the attention of the appropriate government agency for possible enforcement action.
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD), a division of BBB National Programs, provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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