National Advertising Division Finds Certain Apartments.com Website Claims Supported; Advertiser CoStar Group Appeals Other Findings

New York, NY – May 4, 2022 – The National Advertising Division (NAD) determined that CoStar Group, Inc. has a reasonable basis for certain Apartments.com claims, however, NAD recommended that CoStar modify or discontinue certain popularity claims, discontinue several of the challenged conversion and web prevalence claims, and modify or discontinue certain website/service feature claims. 

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National Advertising Division Finds Innovix Pharma Qualified Claims Supported; Recommends Certain OmegaVia Performance Claims be Discontinued

New York, NY – April 26, 2022 – The National Advertising Division (NAD) determined that Innovix Pharma, manufacturer of OmegaVia Fish Oil and OmegaVia EPA dietary supplements, can make qualified claims about EPA and DHA supplementation to support heart health in addition to a healthy diet and exercise, but should discontinue the challenged product performance claims and testimonials relating to heart health and triglyceride management. The claims at issue were challenged by Amarin Pharma, Inc., the manufacturer of the FDA-approved cardiovascular drug Vascepa. 

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Ad Watchers: How Can You Avoid the Grey Areas of Green Claims?

In the season two premiere of Ad Watchers, La Toya Sutton and her new co-host, Eric Unis, walk listeners through environmental benefit claims, or “green claims,” to help advertisers and practitioners think about the questions they should ask when advertising in this arena. Listen in to hear the four critical questions that companies should ask themselves when developing advertising that incorporates any type of environmental marketing claims.

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National Advertising Division Finds Spectrum’s “Most Consistent Download Speeds” Claim Supported; Recommends Others be Modified or Discontinued

New York, NY – April 20, 2022 – In a challenge brought by AT&T Services. Inc., the National Advertising Division (NAD) of BBB National Programs determined that Charter Communications, Inc. substantiated the “most consistent download speeds” claim for its Spectrum Internet service. However, NAD recommended that the advertiser discontinue certain implied and comparative claims. 

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In Two Fast-Track SWIFT Cases, NAD Recommends Spectrum Modify or Discontinue Claims and Vision Direct Voluntarily Discontinues Claim

New York, NY – April 13, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two Fast-Track SWIFT cases in March. In these cases DIRECTV challenged Charter Communications claims regarding the availability of sports channels and sports programming on DIRECTV’s streaming service (DIRECTV Stream), and the American Optometric Association (AOA) challenged the website claim made by Vision Direct that it “operate[s] in line with the Fairness to Contact Lens Consumers Act (FCLCA).”

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National Advertising Division Recommends Clif Bar Discontinue Claim “The Ultimate Energy Bar” with “An Optimal Blend of Protein, Fat, and Carbs”

New York, NY – April 12, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Clif Bar & Company discontinue the challenged claim “The Ultimate Energy Bar” with “an optimal blend of protein, fat and carbs,” which appeared in an online commercial for its CLIF Energy Bars. This express claim, along with several implied claims, was challenged by Kind LLC, maker of competing energy bars.

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NAD Finds Certain “Fewer Calories” and “Less Fat” Claims for Danone Light & Fit Yogurt Supported; Recommends Modifications to Danone Two Good Yogurt Claims

New York, NY – March 24, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Danone US, LLC has a reasonable basis to support some "fewer calories" and "less fat" claims for its Light & Fit brand yogurt products, however, NAD recommended certain modifications to “percentage less” sugar claims for Danone’s Two Good Vanilla yogurt and Two Good Plain yogurt. These claims, which appeared on product packaging, were challenged by Chobani, LLC.

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National Advertising Division Finds “225k 5-Star Product Reviews” Claim for Prose Customizable Hair Products Supported, With Qualification

New York, NY – March 22, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that PerSé Beauty Inc. (doing business as “Prose”) provided a reasonable basis for the claim “225k 5-star product reviews on Review and Refine” for its customizable hair products. However, NAD recommended that the advertiser clearly disclose qualifying information related to how it collects and counts reviews.

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National Advertising Division Finds Certain T-Mobile Home Internet Claims Supported; Recommends Others Be Modified or Discontinued

New York, NY – March 17, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that T-Mobile USA, Inc.’s “no data caps” claim for its Home Internet service was not misleading. NAD also found that T-Mobile’s advertising did not reasonably convey a disparaging message that competing cable internet providers, including challenger Charter Communications, Inc., require long-term contracts and exploding bills, as compared to T-Mobile’s Home Internet service. However, NAD recommended that T-Mobile discontinue or modify several other claims.

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National Advertising Division Recommends P&G Discontinue Claim that Olay Body Wash “Improves Skin 3X Better” than the Leading Body Wash

New York, NY – March 16, 2022 – The National Advertising Division (NAD) recommended that P&G discontinue the claim that Olay body wash “improves skin 3X better” than the leading body wash. NAD also recommended that the advertiser modify the disclosure in its “Lessons in Layering” print advertisement to accurately identify the body wash used in its supporting study. These claims, made by P&G in digital, print, and TV advertising, were challenged by Unilever, maker of competing personal care products.

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National Advertising Division Finds Certain Sustainability Claims for Chipotle Mexican Grill Supported; Recommends Modification of Others

New York, NY – March 15, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Chipotle Mexican Grill, Inc. provided a reasonable basis for certain claims related to its sustainability practices, but recommended that the advertiser make modifications to make clear the parts of its supply chain that have reduced carbon emissions. NAD also recommended modification to claims related to the advertiser’s Real Foodprint sustainability program, to clarify that the metrics are based on average sustainability assessment, not a consumer’s specific purchase.  

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National Advertising Division Finds Spectrum Mobile Pricing Claims Supported with Adequate Disclosures; Recommends Disparaging AT&T Claim Be Discontinued

New York, NY – March 8, 2022 – The National Advertising Division (NAD) determined that, with appropriate clear and conspicuous disclosures, Spectrum’s “all-in” price claim is supported. However, NAD recommended that the advertiser discontinue the disparaging claim that AT&T intentionally misleads consumers about the pricing for AT&T’s wireless service, which NAD concluded was a reasonable takeaway from the challenged advertising. AT&T Services, Inc. challenged claims made by Charter Communications in the nationally broadcast television commercial “Surprise Fees Ad” for Spectrum Mobile.

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National Advertising Division Recommends WaterWipes Discontinue “#1 Wipes Against the Causes of Diaper Rash” Claims for Infant Cleansing Wipes

New York, NY – March 2, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that WaterWipes discontinue #1 wipes claims. These claims, which appeared on the advertiser’s website and social media channels, were challenged by Kimberly-Clark Corporation, maker of competing cleansing wipes for infants. 

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National Advertising Division Finds Niantic’s Charitable Donation Claims Supported

New York, NY – March 1, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Niantic, Inc. was able to support claims pledging charitable donations to “Black gaming” as well as social and racial justice organizations. This inquiry was initiated through NAD’s routine monitoring program. NAD’s public interest mission to ensure consumers receive truthful advertising extends to companies’ representations committing to support social justice initiatives. 

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National Advertising Division Finds DoorDash Black Lives Matter Related Charitable Donation Claim Supported

New York, NY – March 1, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that DoorDash, Inc., an online food ordering company, was able to support its website claim: “We are donating $1 million, with $500,000 going to Black Lives Matter and $500,000 to create a fund to be directed by the Black@DoorDash ERG (Employee Resource Group) towards state and local organizations.”

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National Advertising Division Finds Certain Claims for 4Patriots Long-Term Survival Food Kits Supported; Recommends Advertiser Modify Others

New York, NY – February 17, 2022 – The National Advertising Division (NAD) determined 4Patriots provided a reasonable basis for the number of views on the YouTube page for its Long-Term Survival Food Kits. NAD also found that the product names “3-Month Survival Food Kit” and “1-Year Survival Food Kit” on their own did not convey any implied messages about serving size, caloric content, or adverse effects. However, NAD recommended that the advertiser modify other claims. The advertiser’s claims were challenged by My Patriot Supply, a competitor in the shelf stable survival food business.

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National Advertising Division Refers Advertising Claims for Simply Gum to Federal Trade Commission for Review

New York, NY – February 16, 2022 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Simply Gum Inc. to the Federal Trade Commission (FTC) for review. Simply Gum Inc. declined to participate in the industry self-regulation process. As a result of the advertiser’s failure to participate, NAD has referred advertising claims to the FTC. The claims at issue appeared on the internet and on product packaging, challenged by Perfetti Van Melle USA.

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National Advertising Division Finds Certain Claims for Green Gobbler Drain Clog Dissolver Supported; Recommends Advertiser Modify or Discontinue Others

New York, NY – February 10, 2022 – The National Advertising Division (NAD) of BBB National Programs determined PurposeBuilt Brands provided a reasonable basis for certain advertising claims for its Green Gobbler Drain Clog Dissolver but recommended that other challenged claims be modified or discontinued. The claims were challenged by S.C. Johnson & Son, Inc., a manufacturer of competing pour-in drain opening products.

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National Advertising Division Recommends Merck Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs; Merck to Appeal

New York, NY – February 3, 2022 – The National Advertising Division (NAD) recommended that Merck Animal Health discontinue its “Best in Show” commercial and take steps to ensure that when making an “apples-to-oranges” comparison between its BRAVECTO flea and tick preventative for dogs and a rival company’s NexGard, that the material dosing difference between the compared products is sufficiently disclosed. Merck will appeal NAD’s decision. 

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Latest News

Case

Case #69-2022 – Monitoring Inquiry – Max International, LLC

The Direct Selling Self-Regulatory Council (“DSSRC”) is a national advertising self-regulation program administered by BBB National Programs. This inquiry was commenced by DSSRC pursuant to its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.

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Decision

National Advertising Review Board Recommends Merck Animal Health Discontinue “Best in Show” Commercial for Bravecto Flea and Tick Preventative for Dogs

New York, NY – May 05, 2022 – A panel of the National Advertising Review Board (NARB) has recommended that Merck Animal Health discontinue its “Best in Show” commercial for Bravecto brand flea and tick preventative based on the NARB panel’s finding that the 30-second commercial...

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Decision

National Advertising Division Finds Certain Apartments.com Website Claims Supported; Advertiser CoStar Group Appeals Other Findings

New York, NY – May 4, 2022 – The National Advertising Division (NAD) determined that CoStar Group, Inc. has a reasonable basis for certain Apartments.com claims, however, NAD recommended that CoStar modify or discontinue certain popularity claims, discontinue several of the challenged conversion and web...

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Press Release

Companies Agree to Expand Age Coverage under Children’s Food & Beverage Advertising Initiative Core Principles

The nation’s 20 leading food, beverage, and quick serve restaurant companies have agreed to strengthen their voluntary commitments for responsible food advertising to children under the BBB National Programs Children’s Food and Beverage Advertising Initiative (CFBAI) 6th Edition Core Principles.
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