New York, NY – August 12, 2025 – In a Fast-Track SWIFT challenge brought by Genomic Health, Inc. (GHI), BBB National Programs’ National Advertising Division recommended that Agendia, Inc. clearly and conspicuously disclose its relationship with a doctor in social media posts featuring her endorsement of Agendia’s MammaPrint test.
Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). GHI, a wholly owned subsidiary of Exact Sciences, and Agendia compete in the field of genomic testing for early-stage breast cancer.
At issue for NAD was whether Agendia’s social media posts that involved comments and interviews, in which a doctor touts Agendia’s MammaPrint genomic test to evaluate early-stage breast cancer over GHI’s Oncotype DX Breast Recurrence Score® test and claims that the Oncotype DX test is inappropriate for black women and less accurate than MammaPrint, required a disclosure of a material connection to the doctor.
The posts in question appeared on Agendia’s LinkedIn account and linked to articles in which a prominent surgical oncologist is interviewed.
GHI argued that the doctor and Agendia have a “close relationship” that necessitates a disclosure, citing, for example, co-authored research with Agendia and in her role as a Site Principal Investigator in Agendia’s FLEX Study, for which she receives modest compensation to cover study-related costs and travel reimbursement to an annual meeting.
NAD found that, given the context of the posts and the nature of the doctor’s relationship to Agendia, the LinkedIn posts may reach a general audience, including potential patients. NAD also noted that the posts prominently feature the doctor’s credentials and support of Agendia’s test, and while she is not a paid endorser, Agendia amplified her statements on its social media, associating the company with her positive endorsements.
Therefore, NAD recommended that Agendia clearly and conspicuously disclose its connection to the doctor in its posts to accurately communicate the nature of their relationship.
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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 20 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 fair competition 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 promoting fair competition for business.
Name: Jennifer Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
