BBB National Programs Decisions

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  • 1/28/2021 - NAD Recommends L’Oréal Discontinue “#1 Dermatologist Recommended” Claim for CeraVe; Advertiser to Appeal

    The National Advertising Division (NAD) recommended that L’Oréal USA discontinue claims that CeraVe is the “#1 dermatologist recommended skincare brand” and that it is the “#1 recommended non-OTC moisturizer for acne-prone skin.” The claims at issue, which appeared in online advertising, social media, and in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc., the maker of competing Neutrogena brand facial and body cleansers, moisturizers, and sunscreens.

  • 1/27/2021 - NARB Recommends Comcast Discontinue or Modify “Best In-Home WiFi Experience” Claim and Discontinue its “Roommate” Commercial

    A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, has recommended that Comcast Cable Communications, LLC discontinue its “Roommate” (also referred to as “Living with AT&T”) commercial and discontinue its “Best In-Home WiFi Experience” claim or modify it to refer to the specific attributes for which it can support a superiority claim. The advertising at issue had been challenged by AT&T Services, Inc. before BBB National Programs’ National Advertising Division (NAD). Following NAD’s decision (Case No. 6417), Comcast appealed, and AT&T cross-appealed, certain NAD findings and recommendations.

  • 1/21/2021 - Children’s Advertising Review Unit Determines that Visual Supply Company App Is Not “Directed Primarily or Secondarily to Children”

    New York, NY – January 21, 2021 – The Children’s Advertising Review Unit (CARU) determined that Visual Supply Company (VSCO) is not an online service directed primarily or secondarily to children under age 13 as defined by the Children’s Online Privacy Protection Act (COPPA) and CARU’s own Guidelines for Online Privacy Protection. Identified during CARU’s routine monitoring program of child-directed content, VSCO markets a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend across several social media platforms.  
  • 1/13/2021 - DSSRC Refers Health-Related Product and Earnings Claims for Gano Excel to FTC

    McLean, VA – January 13, 2021 – The Direct Selling Self-Regulatory Council (DSSRC) referred certain product performance and income claims made by Gano Excel USA to the Federal Trade Commission (FTC) for possible enforcement action after Gano Excel failed to provide substantiation for the claims. At issue in DSSRC’s inquiry are earnings and health-related product performance claims disseminated by salesforce members implying that Gano Excel’s products can prevent and/or treat several serious health-related conditions, including COVID-19. In addition, Gano Excel salesforce members have made egregious representations in social media posts about income that can be earned as a member of the Gano Excel salesforce. 

  • 1/12/2021 - NARB Refers Health-Related Claims for Theraworx Relief for Muscle and Joint Products to the FTC

    New York, NY – January 12, 2021 – A panel of the National Advertising Review Board (NARB) has referred advertising claims made by Avadim Health, Inc. to the Federal Trade Commission (FTC) for review and possible enforcement action. The referral comes after the company declined to comply with a NARB recommendation to discontinue unsupported health-related claims for Avadim’s Theraworx Relief Products. This challenge originally brought before the National Advertising Division (NAD) by Chattem, Inc., a Sanofi Company, involved claims for two related homeopathic external analgesic products.

  • 1/07/2021 - NAD Recommends Zarbee’s Inc. Qualify Use of the Term “Natural” in its Brand-Name for Some of its Dietary Supplement Products, and Modify Additional Claims

    New York, NY – January 7, 2021 – The National Advertising Division (NAD) recommended that Zarbee’s qualify its use of the term “natural” in the Zarbee’s Naturals brand name when some or all the essential or key ingredients used in its products are not naturally derived. NAD also recommended that Zarbee’s modify other challenged claims for its Zarbee’s Naturals line of health-related remedies and supplements to clarify which ingredients are natural and which are not. The claims at issue, which appeared on product packages and in online advertising, were challenged by P&G.

  • 1/06/2021 - NAD Finds Certain Claims for PLx Pharma’s Vazalore Immediate-Release Aspirin Supported; Recommends Modification or Discontinuation of Others

    New York, NY – January 6, 2020 – The National Advertising Division (NAD) determined that PLx Pharma provided a reasonable basis for certain claims for its Vazalore immediate-release aspirin product, including that there is a “new delivery system for this lifesaving drug” and “we took a different approach.” However, NAD recommended that PLx Pharma discontinue and modify other claims. Once it becomes available for sale, Vazalore will be the only liquid-filled, immediate-release aspirin product that bypasses the stomach and is absorbed in the intestine. The claims at issue, which appeared in online advertising, were challenged by Bayer Healthcare LLC, maker of Bayer aspirin products and pertain solely to Vazalore’s use for secondary prevention.

  • 12/30/2020 - NAD Finds End-Of-Day Vision and Comfort Superiority Claims for PRECISION1 Daily Contact Lenses Supported; Recommends Modification of Other Claims

    New York, NY – December 30, 2020 – The National Advertising Division (NAD) determined that Alcon Vision LLC provided a reasonable basis for certain superiority advertising claims for its PRECISION1 daily contact lenses. However, NAD recommended that the advertiser modify claims that “Five times more contact lens wearers ‘strongly preferred’ PRECISION1 vs. 1-Day ACUVUE MOIST” to more accurately reflect the evidence in the record, and modify its advertising to avoid conveying the message that its in vitro wettability test results relate to the PRECISION1’s vision and comfort benefits. The claims at issue were challenged by Johnson & Johnson Vision Care, maker of competing daily contact lenses.

  • 12/23/2020 - NAD Recommends DISH Discontinue or Modify Certain Comparative Storage Capacity and Simultaneous Recording Capability Claims for Hopper 3 DVR

    New York, NY – December 23, 2020 – The National Advertising Division (NAD) recommended that DISH Network, LLC discontinue or modify express and implied claims that the DISH Hopper 3 DVR is “TV’s most powerful DVR”, “Records . . . 2 times more than our competition” (or “more shows”), and has “twice the storage space . . . as any of our competitors” (or superior storage space). The claims at issue, which appeared in internet and television advertising, were challenged by AT&T Services, Inc.

  • 12/22/2020 - NARB Recommends Verizon Discontinue or Modify Certain Superiority Claims for Verizon Fios; Finds Modified “Fastest Internet Available” Claim Substantiated

    New York, NY – December 22, 2020 – A panel of the National Advertising Review Board (NARB) recommended that Verizon Communications, Inc. qualify its “fastest internet available” claim by disclosing clearly and conspicuously the source of the data supporting the claim, discontinue claims that Fios provides superior streaming or buffering and that fiber is more weather resilient, modify claims that Fios supports more devices to explain which consumers would see a consumer relevant benefit, and discontinue unqualified claims (i) of superior reliability, (ii) that Fios provides superior performance, (iii) that fiber technology provides superior performance; and (iv) that fiber is better. The advertising at issue had been challenged by Charter Communications, Inc. before NAD.