Featured News

Advertising Claims for HAPPYneuron Brain-Training Method Modified or Permanently Discontinued Following NAD Inquiry

HAPPYneuron stated that it will modify or permanently discontinue the advertising claims for its brain-training method that were at issue in an inquiry before the National Advertising Division. The advertiser’s claims, which appeared in social media and website advertising at www.happy-neuron.com, were challenged by Posit Science Corporation, maker of competing brain-training exercises.

NARB Finds Supported Claims by Molekule that the PECO Filter of its MH1 Air Purifier Can Address Bioaerosol and VOC Pollution; Recommends Discontinuance or Modification of Other Claims, Including Discontinuance of Superiority Claims vs. HEPA Filters

A panel of the National Advertising Review Board (“NARB”) has determined that Molekule Inc. properly supported claims that the PECO technology filter of its MH1 Air Purifier (“MH1”) can address bioaerosol and VOC pollution. The panel further found supported the general efficacy claim that “Molekule’s revolutionary nanotechnology destroys pollutants at the molecular level.” However, NARB recommended that Molekule discontinue or modify certain non-quantified pollution elimination claims for its MH1 device, and discontinue the challenged comparative superiority claims versus air purifiers that contain HEPA filters. 

NAD Recommends Church & Dwight Discontinue “Clinically Proven Absorption” Claim for Vitafusion Gummy Dietary Supplements; Advertiser to Appeal to NARB

The National Advertising Division (“NAD”) recommended that Church & Dwight Co., Inc. discontinue the claim “clinically proven absorption” on product labels, the vitafusion website, tradeshow materials and during video advertisements for its vitafusion gummy line of dietary supplements. The claim was challenged by Pharmavite LLC, manufacturer of Nature Made dietary supplements. The advertiser has said it will appeal NAD’s findings to the National Advertising Review Board.

NAD Recommends Discontinuation of Line Claims that Body Armor Sports Drinks are “More Natural” and have “More Natural Ingredients” Than Gatorade

The National Advertising Division (“NAD”) recommended that BA Sports Nutrition, LLC (“BA”) discontinue the following claims for its Body Armor and Body Armor Lyte sports drinks: “The More Natural Sports Drink,” “More Natural Ingredients than Gatorade Thirst Quencher & Gatorade Zero,” “The More Natural Low-Calorie Sports Drink,” and “More Natural Ingredients than Gatorade Thirst Quencher & Gatorade Zero.” The claims were challenged by Stokely-Van Camp, Inc. (“SVC”), maker of competing Gatorade sports drinks.

National Advertising Division Recommends Trek Narrowly Tailor Helmet Performance Claims to Underlying Study; Modify Claim that Bontrager WaveCel Helmets are “up to 48x More Effective Than Traditional Foam Helmets”

The National Advertising Division (“NAD”) determined that Trek Bicycle Corporation had submitted evidence sufficient to demonstrate that its study of head injury protection comparative performance testing between its Bontrager WaveCel helmets (“WaveCel helmets”) and competitive products was reliably conducted. However, due to concerns about the fit between this study and the advertiser’s quantified comparative safety claim, NAD recommended that Trek discontinue the claim that its WaveCel helmet is “up to 48x more effective than traditional foam helmets in protecting your head from injuries caused by certain cycling accidents.”

National Advertising Division Recommends Modification or Discontinuance of Comparative Visibility Message in Always Discreet Incontinence Pads Advertising

The National Advertising Division (“NAD”) recommended that The Procter & Gamble Company (“P&G”) modify or discontinue challenged television commercials and print advertising to avoid conveying an unsupported comparative visibility message between its Always Discreet incontinence pads and competing Poise incontinence pads, following a challenge by Kimberly-Clark Corporation (“K-C”).

National Advertising Division Recommends Modification to Label of Ecover Dish Soap to Clearly Identify that Biodegradable Claim Applies Only to Product Formula

The National Advertising Division (“NAD”) recommended that S.C. Johnson & Son, Inc. (“SCJ”) modify use of the claim “biodegradable” on the front label of its Ecover dish soap product to make clear that it only applies to the product formula and not the product packaging, following a challenge by The Procter & Gamble Company (“P&G”), maker of Dawn dish soap.

This Campaign Season, BBB National Programs’ Digital Advertising Accountability Program is Helping Voters Understand the Origins of Online Political Ads

In today’s political environment, many American voters have grown wary about the political content they encounter online. Legislators and social media platforms have struggled with 21st century challenges associated with political content in our digital lives. Now, to partially address these issues, BBB National Programs’ Digital Advertising Accountability Program (DAAP) will be monitoring online content to ensure that advertisers follow new best practices for online political advertising.

BBB National Programs National Advertising Division Recommends Johnson & Johnson Surgical Vision Modify or Discontinue Certain Challenged Claims for Intraocular Lenses, Finds Certain Claims Supported

The National Advertising Division (NAD) recommended that Johnson & Johnson Surgical Vision, Inc. (“JJSV”) modify or discontinue certain challenged claims for its TECNIS Intraocular Lenses, following a challenge by Alcon Vision, LLC, maker of the competing AcrySof line of intraocular lenses, including AcrySof IQ ReSTOR Multifocal IOLs (“ReSTOR”).

BBB National Programs National Advertising Division Recommends that Commercials for Capital One Spark Cash Card be Modified

The National Advertising Division (NAD) determined that consumer testimonials featuring endorsers who describe earning $36,000 and $115,000 in cash back rewards, through the Capital One Spark Cash Card benefit of unlimited 2% cash back on all purchases, fail to describe the limited and exceptional circumstances in which all of those expenses can be charged to the Spark Card.

BBB National Programs National Advertising Division (NAD) Finds Campaign for Accountability Violated NAD Procedures Through Breach of Confidentiality and Use of a Decision for Promotional Purposes

The National Advertising Division (NAD) has determined that the Campaign for Accountability (CfA) violated the procedures that govern the advertising industry’s system of self-regulation by breaching confidentiality provisions and by issuing a press release that uses NAD’s findings for promotional purposes.

BBB National Programs National Advertising Division Refers Advertising Claims by Geerpres to Federal Trade Commission After Company Declines to Comply with National Advertising Division Recommendations

The National Advertising Division (NAD) has referred advertising claims made by Geerpres, Inc. for its ADVANTEX Single-Use Disposable Microfiber Mop Pads to the Federal Trade Commission for further review after the company declined to comply with NAD’s recommendation to discontinue its claims that ADVANTEX Mop Pads are “microfiber.”

BBB National Programs National Advertising Division Recommends that T-Mobile Discontinue Certain Challenged Claims Comparing TVision Television Service to Cable TV, Following Charter Challenge

The National Advertising Division (NAD) recommended that T-Mobile US, Inc. discontinue certain challenged claims for its TVision television service in its TVision website and a press release (including a video advertisement of limited duration that was part of the press release), following a challenge by competitor Charter Communications, Inc.

BBB National Programs National Advertising Division Recommends Discontinuation of Sunrun’s National “Save Up To 20%” On Your Electric Bill Over the Term of the Contract Claim; Finds Sunrun’s General Savings Claims about its Solar Service are Supported

The National Advertising Division (NAD) has recommended that Sunrun Installation Services Inc. (Sunrun), an installer of residential solar energy systems, discontinue certain national advertising claims, including the claim that consumers can “Save up to 20%” on their energy bills by switching to solar. 

BBB National Programs National Advertising Division Finds Snow Joe Water Pressure and Water Flow Claims Relevant to Consumers, But Recommends More Conspicuous Qualifying Language to Prevent Claims from Being Misleading

The National Advertising Division (NAD) recommended that Snow Joe, LLC modify challenged claims regarding the water pressure and water flow of its Sun Joe Pressure Washers, following a challenge by the Pressure Washer Manufacturers’ Association (“PWMA”), a trade association comprised of pressure washer manufacturers.  

BBB National Programs National Advertising Division Recommends Discontinuation of Product Performance and Health-Related “On The Go” Claims for Vital Proteins Collagen Peptide Single Use Dietary Supplement Stick Packs

The National Advertising Division (NAD) has recommended that Vital Proteins LLC discontinue certain product performance and health-related advertising claims which appeared in an Instagram post for the company’s Vital Proteins Collagen Peptide Products dietary supplements. 

BBB National Programs National Advertising Division Finds Home Chef’s “More Flexibility than HelloFresh” Claims Supported but Recommends it Modify Certain “Customize It” Claims

The National Advertising Division concluded that Relish Labs, LLC d/b/a Home Chef provided a reasonable basis for its claims that Home Chef meal kit delivery service, with its Customize It feature, offers consumers more flexibility than HelloFresh, following a challenge by Grocery Delivery E-Services, USA d/b/a HelloFresh, a competing meal kit delivery service. 

BBB National Programs National Advertising Division Inquiry of Tru NIAGEN Dietary Supplement Closes Without Review of Discontinued Product; Advertising Claims Permanently Discontinued

ChromaDex, Inc., the maker of Tru NIAGEN dietary supplement, has advised the National Advertising Division that the advertising claims at issue in a May 1, 2018 inquiry letter were permanently discontinued, and the 250 mg product then-advertised has not been marketed since late 2018, when a 300 mg product entered the market.

BBB National Programs National Advertising Division Finds Format of RXBAR Front Labels Not Misleading, Communicates Substantiated Claims about the Core Ingredients of an RXBAR

The National Advertising Division has determined that the challenged claim, “3 Egg Whites / [Number][Nut/Legume] / 2 Dates / No B.S.,” as it appears in standardized format on the front label of RXBARs, communicates the supported message that those ingredients are in RXBARs, and does not reasonably convey misleading implied claims about weight and proportions of the protein bar inside. 

Twenty Years of Successful Co-Regulation Under COPPA: A Model for Fostering Consumer Privacy

When Congress enacted the COPPA safe harbor provisions, its goal was to increase compliance by leveraging industry self-regulatory resources, thus protecting children. This paper examines how that provision arose, and how it has operated over the past two decades in complement with the entire COPPA framework to benefit children and parents, government, and businesses alike.

The Council of Better Business Bureaus Restructures

BBB National Programs, Inc. was launched in 2019 as part of an internal restructuring of the Council of Better Business Bureaus, Inc. (CBBB). BBB National Programs now administers the self-regulatory and dispute resolution programs formerly administered by the CBBB.

Direct Selling Self-Regulatory Council Established to Proactively Increase Oversight of Direct Sellers

A new industry self-regulatory program will actively monitor the direct-selling marketplace to help “ensure high standards of integrity and business ethics as the guiding principles for all direct selling companies in the marketplace.” The Direct Selling Self-Regulatory Council (DSSRC) was created by the Direct Selling Association (DSA) and will administered by the Council of Better Business Bureaus (CBBB).

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18 Leading Food, Beverage, and Restaurant Companies Adopt Revised, Stronger Uniform Nutrition Criteria for Foods Advertised to Children

The 18 companies that participate in the Children’s Food and Beverage Advertising Initiative (CFBAI) have agreed to strengthen the Category-Specific Uniform Nutrition Criteria that apply to foods advertised to children. CFBAI announced that all of its participants -- leading U.S. food and beverage and quick serve restaurant companies -- have agreed to an implementation date of January 1, 2020 to coincide with implementation of the Food and Drug Administration’s new food labeling regulations. 

Read the report.