New York, NY – July 15, 2024 – BBB National Programs’ National Advertising Division will refer advertising claims made by Prolacta Bioscience, Inc. for its Human Milk Fortifier to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for review. The referral was made after Prolacta declined to participate in the industry self-regulation process.
Mead Johnson & Company, LLC challenged Prolacta’s claims that its human milk-based fortifier products have been shown in clinical studies to be more effective at improving health outcomes in premature infants as compared to cow milk-based fortifier products.
Express Claims
- Claim that “Compared to cow milk-based fortifiers, an Exclusive Human Milk Diet (EHMD) with Prolacta’s 100% human milk-based nutritional products has been clinically proven in multiple clinical studies to” produce certain health benefits.
- “When used as part of an exclusive human milk diet (EHMD), Prolacta’s nutritional products are clinically proven to improve health outcomes and reduce hospital costs for critically ill, extremely premature infants as compared to cow milk-based fortifier…”
- “When used as part of an EHMD, our nutritional products are clinically proven to increase survival and reduce the overall cost of care compared to cow milk– based fortifiers . . . in extremely premature infants.”
- “Prolacta products used as a part of that EHMD, as compared to cow milk–based fortifiers, have been shown in clinical studies to benefit critically ill, premature infants in the NICU weighing ≤1250g at birth in many ways…”
Implied Claims
- Prolacta’s HMF products have been proven through rigorous scientific testing to provide better health outcomes than all cow milk-based HMFs, including those manufactured by Mead Johnson.
Prolacta declined to substantively respond to the challenge. Due to Prolacta’s decision to not participate in the NAD self-regulatory process for these claims, NAD will refer the matter to the FTC and FDA for review and possible enforcement action.
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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
AT&T Appeals National Advertising Division Recommendation to Discontinue or Modify Claim that Supplemental Coverage from Space is Presently Available
New York, NY – July 11, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile US, Inc., BBB National Programs’ National Advertising Division recommended that AT&T Services, Inc. discontinue or modify the claim that its Supplemental Coverage from Space (SCS) is presently available to consumers.
Cellular networks offer broad coverage throughout the United States, however, there is still limited cell signal coverage in large portions of the country. AT&T’s “Epic Bad Golf Day” commercial, starring Ben Stiller, presents a solution from AT&T to this issue through SCS coverage. AT&T has announced plans to offer SCS for customers in remote, unserved areas, however, concedes that this coverage is not yet available.
Fast-Track SWIFT is an expedited process for single-issue advertising cases brought to the National Advertising Division (NAD). At issue was whether AT&T’s “Epic Bad Golf Day” commercial conveys the message that SCS is presently available from AT&T.
NAD found one reasonable message conveyed is that AT&T is advertising the current availability of SCS from AT&T. Accordingly, NAD recommended that AT&T either discontinue the claim that SCS is presently available to AT&T consumers or modify the claim to clearly and conspicuously disclose that SCS is not available now.
NAD noted that nothing in its decision precludes AT&T from making truthful and non-misleading aspirational claims about SCS.
In its advertiser statement, AT&T stated that it will appeal NAD’s decision because it “maintains its position that there is no implied message of present satellite calling availability” and that “the commercial is simply a comedic romp that clearly showcases AT&T’s investment in the future of satellite calling.”
Appeals of NAD decisions are made to the BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
In Two Fast-Track SWIFT Cases, National Advertising Division Recommends CoStar Discontinue Certain Claims for Homes.com Website
New York, NY – July 9, 2024 – In two Fast-Track SWIFT challenges brought by Move, Inc., BBB National Programs’ National Advertising Division recommended CoStar Group discontinue certain claims relating to the volume of traffic to CoStar’s website, Homes.com, including:
- “Homes.com just reached 156M monthly unique visitors.”
- “Homes.com now has DOUBLE Realtor.com’s traffic.”
Fast-Track SWIFT is an expedited process for single-issue advertising cases brought to the National Advertising Division (NAD).
In the first challenge, Move challenged CoStar’s monadic claims about traffic to Homes.com. NAD recommended that those claims be discontinued because the claims conveyed a message that Homes.com attracts 156 million monthly unique visitors when that figure was based on combined total traffic, calculated using Google Analytics, for 16 other CoStar websites. According to Google Analytics, Homes.com itself has 110 million monthly unique visitors.
In the second challenge, NAD considered the accuracy of the challenged comparative claim that “Homes.com now has DOUBLE Realtor.com’s traffic.” NAD determined that this claim is not supported and recommended that it be discontinued because Homes.com’s claimed 110 million monthly visitors are not “double” the 66 million unique visitors claimed by Realtor.com. NAD declined to reach the question of whether Google Analytics and Adobe Analytics, both site centric data gathering tools, could both be used together to make a single comparison of website visitors.
NAD noted that nothing in these two decisions precludes CoStar from making other truthful and non-misleading claims about the number of unique visitors to its websites collectively, or to any of its individual websites, or comparative claims about Homes.com’s traffic.
In its advertiser statement, CoStar stated that it will comply with NAD’s 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 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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
National Advertising Division Finds Certain Claims for Dawn Platinum Dishwashing Liquid Supported; Recommends Others be Modified or Discontinued
New York, NY – July 9, 2024 – In a challenge brought by the Colgate-Palmolive Company, BBB National Programs’ National Advertising Division determined that The Procter and Gamble Company (P&G), in connection with advertising for its Dawn Platinum Dishwashing Liquid, had a reasonable basis for its express Invisible Grease Claims, as well as the implied claim, “Any difference in removal of grease and food residue between Dawn Platinum and Palmolive Essential Clean is meaningful to consumers.”
However, the National Advertising Division (NAD) recommended that other challenged claims be discontinued or modified.
The challenged advertising appeared in P&G’s “Closer Look” advertising campaign for Dawn Platinum Dishwashing Liquid and consisted of two commercials and a 5-second gif.
99% Food and Grease Removal Claims
The National Advertising (NAD) determined that, in context, P&G’s claims that Dawn Platinum removes 99% of food and grease residue convey a comparative performance message. Specifically, that the Dawn Platinum concentrated product is superior to Colgate’s Palmolive Essential Clean non-concentrated product at removing food and grease.
Because NAD concluded that P&G did not provide testing to support a comparative 99% grease removal claim, NAD recommended that the claims be modified or discontinued.
Invisible Grease Claims
The National Advertising Division (NAD) determined that P&G’s evidence was reliable and provided support for the reasonable basis for the comparative Invisible Grease Claim, as well as the implied claim, “Any difference in removal of grease and food residue between Dawn Platinum and Palmolive Essential Clean is meaningful to consumers.”
Colgate also challenged a side-by-side dramatization that showed invisible, residual grease remaining on dishes by highlighting its presence using a blue light on the surface of plates hand washed with Palmolive Essential Clean and Dawn Platinum. NAD found the dramatization reasonably conveys the message that consumers will experience the difference in grease removal as depicted.
NAD found that the difference in the amount of grease that Dawn Platinum left on dishes compared to the amount that remained on dishes washed with Palmolive Essential Clean is consumer relevant, however the depiction of the grease left by Palmolive Essential Clean is inconsistent with the evidence in the record.
NAD therefore recommended that P&G modify or discontinue the challenged advertising to avoid conveying the unsubstantiated, implied message that the dramatization shown in the ads reflects grease residue that is typical of what consumers will experience using Palmolive Essential Clean versus Dawn Platinum.
In its advertiser statement, P&G stated that it will comply with NAD’s decision and although it disagrees with a number of NAD’s conclusions, it respects the NAD process and will take NAD’s recommendations into account for future advertising.
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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org