Month: November 2024

New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, BBB National Programs’ National Advertising Division determined that Move, Inc. provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.”

Realtor.com, operated by Move, Inc., is affiliated with the National Association of Realtors, the real estate industry trade association that owns the US trademark to the term “Realtor.”

The challenged claim appeared online, including at the top of Realtor.com’s homepage. In some advertising, the claim appeared with a disclosure that it is “based on an Aug. 2023 proprietary survey among real estate professionals.”

In support of the challenged claim, Move relied on results of a double-blind survey of over 1,300 real estate professionals conducted in August 2023.  by a market research firm. The National Advertising Division (NAD) determined that the survey was reliable support for the claim.

Further, NAD determined that the survey remained timely during the period of the challenge. Nevertheless, because preferences on any website might change after a year for various reasons, NAD cautioned Move that the August 2023 survey’s validity will not last in perpetuity and that a newer survey to support the claim will be necessary in the near future.

As the timing of the survey is potentially material to the audience for whom the claim is intended, NAD recommended that, to the extent Move has not already done so, the fact that the survey was conducted in August 2023 should be clearly and conspicuously disclosed in close proximity to the main claim.

In its advertiser statement, Move stated that “in the ordinary course it has already conducted a newer survey in August 2024, which found that Realtor.com remains the #1 site real estate professionals trust’ and will therefore update its citation to reflect that 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. 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 – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile US, Inc., BBB National Programs’ National Advertising Division recommended that Verizon Communications Inc. either discontinue certain claims about satellite-supported texting services in remote locations or, alternatively, modify the advertising to clearly and conspicuously disclose the necessary conditions for Verizon customers to use this feature.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). T-Mobile argued that Verizon’s advertising reasonably conveyed the message that Verizon offers satellite-supported texting services in remote locations regardless of what phone a Verizon customer has.

The challenged advertising appeared on Verizon’s website and in three commercials, Wonder, Triumph, and Love. Each commercial depicts individuals in a remote location communicating with a loved one and ends with “Text Anywhere via Satellite” and a small font disclosure reading “Satellite connectivity requires select smartphones. Must be outside w/line of sight to satellite; might not work in parts of Alaska.” NAD determined that the disclosure in Verizon’s commercials is not clear and conspicuous and is unlikely to be read and understood by consumers.

On Verizon’s website, prospective customers are informed that they can “text anywhere with satellite” as one of the “get more” benefits offered to Verizon customers. Verizon’s website provides some details about the material conditions of this text by satellite service, however, NAD concluded the disclosures on the website are not clear and conspicuous. 

For these reasons, NAD found Verizon’s advertising reasonably conveys that customers can use satellite-supported texting services in remote locations and not that it is limited to Apple devices that can operate the latest mobile software. Therefore, NAD recommended that:

• Verizon discontinue the challenged claim, or
• Modify the advertising to clearly and conspicuously disclose, in close proximity to claims about satellite service in remote locations, that consumers must use or purchase specific new model smartphones and use updated software to access the service.

In its advertiser statement, Verizon stated that it “appreciates NAD’s attention to this matter and will comply with the SWIFT decision.”

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.

New York, NY – November 6, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by competitor Elanco Animal Health Incorporated, PetIQ, LLC discontinued the following claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites:

• “Fastest-acting 30-Day topical protection available”
• “The fastest killing flea & tick topical available”

During the proceeding, PetIQ voluntarily agreed to permanently discontinue the challenged express claims and the resulting implied claims.

Therefore, the National Advertising Division (NAD) did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

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 – November 4, 2024 – As part of its routine monitoring program, BBB National Programs’ National Advertising Division inquired about certain claims made by Drunk Elephant, LLC in social media and determined that Drunk Elephant provided a reasonable basis for its claim that certain skincare products in an Instagram post are “safe for kids and tweens to use.”

However, the National Advertising Division (NAD) also determined that two TikTok videos demonstrating and reviewing Drunk Elephant’s B-Goldi Bright Drops did not sufficiently disclose the material connection between Drunk Elephant and the influencers promoting its products. Therefore, NAD recommended that Drunk Elephant contact the influencers to have the posts modified to include such disclosures.

Influencer Practices

A TikTok video post featuring Alix Earle, a Drunk Elephant paid influencer, states “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… wait til you see these b goldi drops #drunkelephantpartner.” The hashtag is on the fifth line and only visible if the viewer clicks on the hyperlink “more.”

NAD found that Ms. Earle’s material connection disclosure “#drunkelephantpartner” is not clear and conspicuous for several reasons. Drunk Elephant advised NAD that it reached out to Ms. Earle to edit or delete the post. NAD recommended that Drunk Elephant continue to seek modification of the challenged post to:

• Ensure the hashtag (#drunkelephantpartner) appears clearly and conspicuously without having to click on a hyperlink and as separate words so that viewers can understand it, and
• Include a clear and conspicuous material connection disclosure within the video.

The other TikTok video post was created by Sophia Pauline, an unpaid influencer who received free product from the company. Sophia Pauline’s video post did not feature a material connection disclosure. The text accompanying her post states “b-goldi illuminating drops are 10/10.” NAD noted that receiving free product constitutes a material connection that requires disclosure and recommended Drunk Elephant request Sophia Pauline modify her post to include a clear and conspicuous material connection disclosure.

During the inquiry, Drunk Elephant advised NAD that it will take reasonable steps to encourage influencers receiving free products to make clear and conspicuous material connection disclosures and provide instruction on required disclosure practices as part of the materials that Drunk Elephant sends to influencers. Drunk Elephant also informed NAD it will clearly and conspicuously display a material connection disclosure if reposting endorsements from unpaid influencers receiving free products.

Safety Claims

NAD inquired about a Drunk Elephant Instagram post with the express claim, “Here’s a list of our products that are safe for kids and tweens to use: Beste, LaLa, Bora (it’s very rich so this one depends on level of dryness). F-Balm, Wonderwild, Virgin Marula Oil, Umbra Sheer, B-Hydra, D-Bronzi, O-Bloos, Lippe Pekee, Kamil Body Cleanser, Sili Body Lotion, Sili Whipped, Wild Marula Tangle Spray, and Cocomino shampoo + conditioner.”

NAD concluded that Drunk Elephant had a reasonable basis for its claim that the 18 products in the challenged Instagram post are “safe for kids and tweens to use.” NAD found that reasonable consumers would understand the claim to mean that these products meet safety standards for cosmetics intended to be applied to the skin of teens and tweens, a message that was supported. 

During the proceeding, Drunk Elephant voluntarily agreed to permanently discontinue the challenged testimonials featured in an Instagram video as part of their #BareWithUs campaign. Therefore, NAD did not review these claims on their merits and will treat the claims for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, Drunk Elephant stated that it “will comply with NAD’s recommendations” and noted that it “appreciates NAD’s important role in advertising industry self-regulation.” 

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.