Month: June 2023

New York, NY – June 29, 2023 – The National Advertising Division (NAD) of BBB National Programs has closed a Fast-Track SWIFT challenge initiated by Mead Johnson & Company, LLC. Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to NAD.

Mead Johnson & Company, LLC challenged Abbott Nutrition’s claim that Similac is the “#1 infant formula brand,” which appeared on the Similac product label. Mead Johnson argued the challenged claim conveyed the unsupported message that Similac is the “#1 infant formula brand” (with and without a caduceus) based on sales or doctor recommendations.

In response to Mead Johnson’s SWIFT challenge, Abbott Nutrition informed NAD that it has discontinued the challenged claim on the product packaging. Therefore, NAD did not review this claim on its merits.

In its advertiser statement, Abbott Nutrition stated that “as part of its process of routinely reviewing and updating its advertising, Abbott Laboratories has agreed to voluntarily discontinue the claim at issue at this time and has already made significant efforts to do so.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) 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.

New York, NY – June 29, 2023 – Through its routine monitoring program, BBB National Programs’ National Advertising Division (NAD) inquired about a claim made in the InStyle article “Biossance Squalane & Marine Algae Cream.” InStyle is part of the Dotdash Meredith publishing family. Dotdash Meredith stated that it has permanently removed the article from the InStyle website and all of its other distribution channels “for business reasons independent of the NAD inquiry.”

NAD’s inquiry focused on whether the format of the challenged advertising reasonably conveyed the message that the “Reese Witherspoon-Approved” eye cream and product performance claims are editorial content when, in fact, they are advertisements. Further, NAD questioned whether Ms. Witherspoon’s status as a Biossance brand ambassador is clearly and conspicuously disclosed.

NAD noted that it is important to provide consumers with enough information about any economic relationships between online media and publishing and the brand or product so that consumers can decide what weight to give the information. To the extent a digital publisher creates content that is influenced by its affiliate marketing relationships, the content is advertising. Similarly, if content is created because of the affiliate relationship, the content is promotional and is advertising.

Due to the financial incentives underlying the content Dotdash Meredith delivers, NAD cautioned the advertiser to evaluate its business relationships with brands or products about which it is writing and determine whether the content is advertising or editorial and, if it is advertising, to label it as such.

In its advertiser statement, Dotdash Meredith stated that it is committed “to editorial integrity and transparency, including by ensuring that its editorial content is not influenced by commercial interests” and thanked NAD for “engaging with us on these issues and providing additional guidance to the publishing industry as practices and standards continue to evolve.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

This shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) 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.

New York, NY – June 26, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Simply Gum, Inc. provided a reasonable basis for claims that its Simply Gum brand chewing gum is “made with chicle” and “natural” and concluded that, in context, Simply Gum’s “simpler better” claim was puffery. However, NAD recommended that the advertiser:

 

• Discontinue or modify its use of the term “sustainable” in the advertising of its chicle ingredient.
• Discontinue its “plastic-free” claim and modify its other claims about the use of synthetic ingredients, including plastics in conventional chewing gum.

 

During the proceeding the advertiser permanently discontinued or modified several challenged claims. NAD did not review the discontinued claims or pre-modification claims on the merits.

The challenge, which included claims appearing on Simply Gum’s website and on its product packaging, was initially brought by Perfetti Van Melle USA, Inc. However, Simply Gum declined to participate in the industry self-regulation process and the matter was referred to the FTC. Subsequently, the advertiser agreed to participate in the current inquiry, which NAD reviewed through its routine monitoring program.

“Made with Chicle”

Simply Gum makes several claims that, unlike conventional chewing gum, its gum is made with chicle. Chicle, a natural gum for use in gum base, is the coagulated latex (or sap) of the Manilkara Zapota tree, also known as the Sapodilla tree, or in Mexico where Chicle is mainly harvested, as the Chicozapote tree. NAD concluded that the advertiser provided a reasonable basis for these chicle claims.

However, because there was no evidence that the source trees for the chicle in the advertiser’s gum base are sustainably cultivated or the tree sap sustainably harvested, NAD recommended that Simply Gum discontinue use of the term “sustainable” in the advertising of its chicle ingredient or modify such claims to better fit the evidence.

“Natural”

Based on evidence that the advertiser’s gum products are made with natural ingredients, NAD concluded that Simply Gum had a reasonable basis for its “natural” claims, including the use of “natural” as a standalone headline on its packaging and the claim “we use only natural ingredients in our gum.”

“Synthetics”

NAD determined that the advertiser had a reasonable basis to support claims that Simply Gum products do not contain synthetic ingredients. However, NAD found that the record does not support claims related to specific ingredients in conventional chewing gum.

Therefore, NAD recommended that Simply Gum modify its synthetics claims to better fit the evidence.

“Plastics”

NAD found that Simply Gum’s claims that “gum base” in conventional chewing gum was “code for plastic” or “code for up to 46 different chemicals including the plastic used in white glue, car tires and plastic water bottles” mischaracterized the FDA’s list of permissible gum base ingredients. Therefore, NAD recommended that the advertiser discontinue those claims.

Further, NAD determined that use of the term “plastic” in Simply Gum’s advertising – both in the monadic and comparative contexts – conveyed misleading and disparaging messages about conventional gum. NAD noted that the advertiser did not provide any evidence that the synthetic ingredients used in conventional gum base are unsafe or that the advertiser’s products are healthier than conventional gums.

NAD also concluded that Simply Gum’s “plastic free” (and other “no plastics” claims) conveyed implied messages that its product was environmentally superior to conventional gum – messages that were not supported by the evidence.

For these reasons, NAD recommended that Simply Gum discontinue its “plastic free” claim and modify its remaining “plastics” claims to avoid conveying the unsupported implied claims that its product is healthier, safer, and/or more environmentally friendly than regular chewing gum.

“Simpler, Better”

Because Simply Gum’s “simpler, better” claim is not tied to a specific, quantifiable benefit of the advertiser’s product nor is there any reference to competing brands, NAD determined that consumers would understand use of the word “better” as merely an expression of manufacturer pride. Therefore, NAD concluded that standing alone and without a context that calls up or disparages competing products or their ingredients, the “simpler better” claim was puffery and did not require substantiation.

In its advertiser statement, Simply Gum stated that it although it “respectfully disagrees with NAD’s decision regarding the ‘plastic free’ claim . . . it supports the NAD self-regulatory process and agrees to comply with the NAD recommendations.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

This shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) 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.

New York, NY – June 20, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that JBS USA Holdings, Inc. discontinue certain claims relating to its goal of achieving “net zero” emissions by 2040.

JBS is the second-largest food company and the largest animal protein producer in the world. Its numerous retail brands include Swift, Pilgrim’s Pride, and Seara.

The advertising at issue had been challenged before the National Advertising Division (NAD) by the Institute for Agriculture & Trade Policy (IATP), a not-for-profit organization with the stated mission of working for fair and sustainable food and farm systems. Following NAD’s decision (Case No. 7135), JBS appealed NAD’s recommendations to discontinue five challenged express claims.

In agreement with NAD, the NARB panel concluded that NAD reached the correct result in determining that the challenged claims communicate misleading messages. The NARB panel determined that the challenged claims communicate that JBS is already in the process of implementing a documented plan that has been evaluated and found to have a reasonable expectation of achieving “net zero” by the year 2040. JBS, however, does not have a formulated and vetted plan at present. Rather, JBS is in the exploratory stage of its effort directed toward the net zero 2040 goal.

The NARB panel recommended that JBS discontinue the challenged “net zero” claims, including that:

• “JBS is committing to be net zero by 2040”;
• “Global Commitment to Achieve Net-Zero Greenhouse Emissions by 2040”;
• “Bacon, chicken wings and steak with net zero emissions. It’s possible”;
• “Leading change across the food industry and achieving our goal of net zero by 2040 will be a challenge. Anything less is not an option”; and
• “The SBTi recognized the net zero commitment of JBS.”

 

The NARB panel noted that JBS is not precluded from making the claim “Leading change across the food industry and achieving our goal of net zero by 2040 will be a challenge” when the claim is presented by itself, and that nothing in its decision precludes JBS from making narrower truthful claims regarding:

• Its efforts at researching potential methods for reducing emissions and any efforts it is undertaking to reduce emissions; and
• The steps it is taking to align its activities with SBTi criteria and its engagement with the SBTi process.

 

JBS stated that it “disagrees with the NAD and NARB’s interpretation of how consumers perceive the challenged claims as well as NARB’s conclusion about the record evidence, but JBS will comply with NARB’s recommendation in published statements and advertising claims going forward.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.