Author: Operations Team

New York, NY – June 6, 2024 – In a challenge brought by MacuHealth LP, BBB National Programs’ National Advertising Division determined that Vision Elements, Inc. substantiated shelf-life stability and safety claims for its Early Defense dietary supplement.  

However, the National Advertising Division (NAD) recommended that other challenged claims be discontinued or modified.

Vision Element’s Early Defense product contains a triple carotenoid formula as its active ingredient, along with other excipients, and is marketed to support healthy eyesight.

Published Studies Claim

The National Advertising Division (NAD) determined that one reasonable takeaway from Vision Element’s claim “Science-Driven Formulas developed from peer-reviewed, published studies” is that Early Defense’s formula is the same as that tested in peer reviewed published studies.

Since there was no evidence in the record that Early Defense’s formula has been the subject of peer-reviewed published studies, NAD recommended the claim be discontinued. NAD noted that nothing in its decision prevents Vision Elements from claiming that the ingredients were developed from peer-reviewed published studies provided that the claim is properly substantiated. 

Performance Claims

The National Advertising Division (NAD) concluded that there was no evidence to support the challenged claim that Early Defense “helps maintain healthy eyesight and visual performance” because the studies and meta-analysis relied on by the advertiser were not conducted on the Early Defense product. Therefore, NAD recommended the claim be discontinued but noted that nothing in its decision prevents Vision Elements from tailoring its claims to the benefits specific ingredients in Early Defense can provide, as long as the claims are substantiated by competent and reliable scientific evidence. 

NAD also recommended that Vision Elements remove the patient testimonial from its website stating, “I have been taking Early Defense capsules since January… I have great clarity, contrast and colour tone” due to a lack of evidence in the record.

Bioavailability and Absorption Claims

MacuHealth challenged the claim “Liquid-Filled Hard Capsules: Advanced encapsulation technology helps protect the carotenoids through shelf-life and aid absorption.”

The National Advertising Division (NAD) found Vision Element’s evidence shows that liquid-filled hard capsules are generally accepted by scientists to help maintain a product’s shelf-life stability without impacting absorption. Therefore, NAD determined that Vision Elements has a reasonable basis for the claim “Liquid-Filled Hard Capsules: Advanced encapsulation technology helps protect the carotenoids through shelf-life” but recommended it modify the portion of the claim that the technology will “aid absorption” to better fit the evidence.  

NAD concluded the claim that “Vision Elements liquid-filled capsules naturally enhance carotenoid absorption and bioavailability with a combination of olive oil and non-GMO sunflower lecithin” is not supported by the record and recommended it be discontinued.

Shelf-Life Stability & Safety Claims

The National Advertising Division (NAD) found that testing of the Early Defense product for harmful substances, the FDA’s Generally Recognized As Safe (GRAS) information on individual ingredients and product testing on Early Defense for potency, even after the product is on shelves, is enough to constitute competent and reliable scientific evidence that multiple tests are conducted to assess for safety and potency.

Therefore, NAD found that Vision Elements substantiated claims that:

• “Purity content and shelf-life stability are proven over and again through extensive ongoing quality control testing”; and
• “Multiple tests are performed throughout the production process to ensure safety and potency.”

 

In its advertiser statement, Vision Elements stated that it agrees to comply with NAD’s recommendations although it respectfully disagrees with certain of NAD’s conclusions.

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 Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

New York, NY – June 4, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by competitor Multi Radiance Medical, Summus Medical Laser voluntarily discontinued certain claims for its Medical Laser product.

Multi Radiance Medical challenged claims that it argued were outside the indications allowed by the Food and Drug Administration (FDA) for devices registered under product code ILY for temporary relief of minor muscle and joint pain, arthritis, and muscle spasms, relieving stiffness, promoting relaxation of muscle tissue, and to temporarily increase local blood circulation where heat is indicated.

In response to the challenge, Summus stated that it is permanently discontinuing the challenged 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.

In its advertiser statement, Summus stated that it agrees to comply with NAD’s recommendations and appreciates the opportunity to participate in the self-regulatory process.

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.  

Acquisition will combine Henchman’s Document Management System data enrichment with trusted LexisNexis drafting guidance content to deliver personalized generative AI experience

NEW YORK, June 3, 2024 – LexisNexis Legal & Professional^®, a leading global provider of information and analytics, today announced it has agreed to acquire Henchman, a legal tech company that enriches data from Document Management Systems (DMS) for faster document drafting. Henchman is a Belgium-based company, founded in 2020, with 170+ legal and corporate customers globally including top U.S. and European law firms and companies.

By acquiring Henchman, LexisNexis will deliver personalized generative AI solutions to customers around the world. Henchman core product functionality will be available to existing and new customers. LexisNexis has immediate plans to utilize Henchman’s technology with its proprietary Retrieval Augmented Generation 2.0 (RAG 2.0) platform in its flagship Lexis+ AI solution, enabling the use of trusted customer data as grounding data for generative AI drafting. Henchman’s capabilities will also be added to Lexis^® Create, the Microsoft 365 add-in solution that enables point-of-workflow integration for generative AI drafting in Microsoft Word, Outlook, Teams and Copilot.

Henchman is used by leading law firms and corporations to enrich internal work product, creating a layer of intelligence on contract databases to accelerate drafting tasks.

Henchman interacts with the DMS of a law firm or corporation, indexing the organization’s precedent documents at the clause level, making the data available for contract insights and drafting. Its technology works with legal-specific DMS providers and general enterprise content management systems and is language agnostic. Henchman’s technology incorporates security and conflict settings that mirror document permissions within the DMS, preserving firm confidentiality and privacy requirements. These benefits are available to customers in days, not months, from deployment of the technology.

Advanced technology processes allow a customer to quickly find key insights from internal data repositories. LexisNexis will incorporate this enhanced document enrichment capability to deliver new generative AI drafting solutions.

“This is an exciting moment for our customers and the LexisNexis and Henchman teams,” said Mike Walsh, CEO, LexisNexis Legal & Professional. “We’re continuously engaging with customers to determine where AI can deliver the most value. Now, we’ll be able to address one of our legal customers’ top requests – to have searchable internal firm data, combined with our current drafting and AI offerings, allowing legal professionals to rapidly extract language and insights, and generate higher quality work using both internal data and LexisNexis solutions together.”

Henchman Co-Founder Gilles Mattelin added, “We see this union with LexisNexis as an extension of our drafting vision to proactively surface valuable and strategic insights for customers – delivering a center of knowledge to legal teams. We believe the combination of our teams and tech will empower customers to make informed decisions faster, generate outstanding work, and drive economic value for their organizations.”

Closing of the transaction is subject to customary regulatory consents and is expected early in the second half of 2024. The terms of the transaction have not been disclosed.

LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias.

Lexis+ AI delivers trusted results with state-of-the-art encryption and privacy technology to keep data secure. Using an extensively enhanced LexisNexis proprietary RAG 2.0 platform, Lexis+ AI responses are grounded in the world’s largest repository of up-to-date legal content which ensures the highest-quality answer with the most up-to-date validated citation references. Uploaded documents are always purged at the end of each session and users can easily manage or delete their prompt conversation history. The solution is continually improving with hundreds of thousands of rated answer samples by LexisNexis legal subject matter experts used for model tuning. LexisNexis employs over 2,000 technologists, data scientists, and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, authoritative information.

For more information on Lexis+ AI and our generative AI resources for legal professionals, visit www.lexisnexis.com/ai.

About LexisNexis Legal & Professional
LexisNexis^® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis^® and Nexis^® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,800 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
 
Media Contact
Dana Greenstein
Director of Communications, North America & UK
LexisNexis Legal & Professional
212-448-2163
dana.greenstein@lexisnexis.com

New York, NY – May 29, 2024 – The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, launched an investigation into the YouTube channel “Vlad and Niki,” owned by Content Media Group FZC, LLC (CMG). The investigation, prompted by CARU’s routine monitoring activities, seeks to determine if the channel’s video content and advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Vlad and Niki is a popular YouTube kids’ channel, directed to preschool-aged children, amassing over 405 million subscribers, 220 billion views, and content across 21 channels in 18 languages.

Of concern are Vlad and Niki’s endorser and influencer videos, which contain undisclosed or inadequately disclosed advertising, endorsements, and material connections in the videos themselves.

Sponsored Videos  

CARU observed many Sponsored Videos, meaning videos produced by CMG in connection with brand partnership agreements, for which CMG earns compensation. Though many videos included appropriate disclosures at the beginning, middle, and end of the video, some did not include disclosures at the end of the video in either video or audio. Other Sponsored Videos used language that CARU and the Federal Trade Commission (FTC) do not consider to be clear to children, such as “sponsored by” or “paid promotion” or the “#ad” disclosure in the description box of the video.

CARU recommends that CMG include language, in both text and audio in the video itself that is clear for children to understand, to clearly and conspicuously disclose the material connection to the video’s sponsor at standardized times (beginning and end and, for longer videos, after each ad break). CARU does not recommend advertisers rely on platform disclosure tools, which are often not sufficient to comply with CARU’s Advertising Guidelines regarding clear and conspicuous disclosures to children.

Product Promotion Videos

CARU viewed many videos that CMG calls Production Promotion videos, promoting Vlad-and-Niki-branded products that are produced under various licensing and merchandising agreements, which obligate CMG to produce the YouTube videos and in which CMG shares in the revenue generated by sales of the Vlad-and-Niki branded products.

CARU determined that not only does the relationship between Vlad and Niki’s videos and the advertiser, who is the party of the licensing and merchandising agreements, constitute a material connection, but because CMG is required to produce the videos under the terms of the agreement and shares in the revenue generated by sales of the Vlad-and-Niki branded products, CMG is also considered an endorser of the products.

In each instance, CARU’s Advertising Guidelines require clear and conspicuous disclosure of this material connection. CARU determined that the disclosure “this video features products that Vlad and Niki helped create” is not sufficient or clear to children of the selling intent of the videos and that CMG receives payment from the sales of the Vlad-and-Niki branded products.

CARU recommends CMG modify its disclosures so that they are clear, conspicuous, and understandable to a child, such as “This is an ad for our Vlad and Niki toy,” or “We are selling this Vlad and Niki toy,” when Vlad and Niki are shown playing with or holding up the toys with the Vlad and Niki logo prominently in focus.

Independent Content  

CARU observed many videos that showed Vlad-and-Niki playing with various branded toys and in various retail establishments, in which CMG may or may not have an existing relationship. During this inquiry, after CARU educated CMG on its Advertising Guidelines and FTC guidance on disclosures, CMG informed CARU that it has voluntarily, and in the interests of greater transparency to children, decided to add clear and conspicuous disclosures to all Independent Content that features products manufactured by a then-existing brand partner. CARU applauds CMG for taking this additional step to be transparent and protective of children in this popular and evolving world of endorsers and influencers.

In its advertiser’s statement, CMG agreed with CARU’s decision and stated it “will work diligently to comply with the recommendations set forth in the final decision for content distributed on the Vlad and Niki channels.”

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 Children’s Advertising Review Unit: The Children’s Advertising Review Unit (CARU), a division of BBB National Programs and the nation’s first Safe Harbor Program under the Children’s Online Privacy Protection Act (COPPA), helps companies comply with laws and guidelines that protect children from deceptive or inappropriate advertising and ensure that, in an online environment, children’s data is collected and handled responsibly. When advertising or data collection practices are misleading, inappropriate, or inconsistent with laws and guidelines, CARU seeks change through the voluntary cooperation of companies and where relevant, enforcement action.

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. 

Contact Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

New York, NY – May 29, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that Reckitt Benckiser LLC modify or discontinue certain claims for its Finish Powerball Ultimate Dishwasher Tablets.

Finish Ultimate includes Reckitt’s patent-pending CycleSync technology that uses a delayed-release coating system to separate the dosage time between the bleaching and enzyme systems such that dish stain removal is improved. The challenged advertising campaign touted it delivers the “Ultimate Clean” and is “Engineered for the Ultimate Clean in the Toughest Conditions.”

The challenged claims appeared in Finish Ultimate and third-party webpages and commercials.

In its decision, the National Advertising Division (NAD) determined that “Ultimate Clean,” depending on the context, could convey one of the following messages, each requiring different evidence for substantiation:

• The self-referential superiority claim that Finish Ultimate cleans the best among Finish Products;
• The market superiority claim that Finish Ultimate cleans better than all other detergents (sometimes limited to the toughest conditions); and
• The monadic performance claim that Finish Ultimate is able to deliver excellent cleaning results in the toughest conditions (sometimes up to and including the toughest conditions) as depicted by before-and-after demonstrations.

While NAD determined that some challenged advertisements convey the message that Finish Ultimate cleans the best among Finish products, this was not a claim challenged in this proceeding.

Market Superiority Claims

The National Advertising Division (NAD) has found that the best way to establish the comparative or superior performance of a sensory attribute (i.e., consumer perception of cleanness) is through head-to-head product testing. As Reckitt did not provide head-to-head testing or argue the testing it did provide would show that Finish Ultimate is superior to the market, NAD recommended that Reckitt modify its advertising to avoid conveying the message that Finish Ultimate is superior to all other detergents.

Monadic Performance Claims

NAD recommended that Reckitt discontinue its advertisements that tie “Ultimate Clean” expressly to “the toughest conditions” that depict burnt-on stains that are dramatically tougher than those tested or describe conditions that were tougher than its testing could support. Or alternatively, to modify its advertising to more closely reflect the results supported by its testing.

In its advertiser statement, Reckitt stated that it will comply with NAD’s recommendations even though it “respectfully disagrees with NAD’s interpretation of some of the advertising at issue.”

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 Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

New York, NY – May 23, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, determined (one panelist dissenting) that The Glad Products Company’s “25% more durable” claim for Glad ForceFlex MaxStrength bags, as it appears on the packaging of 45- 34- and 20-bag sizes, is not misleading.

In the underlying National Advertising Division (NAD) challenge (Case No. 7309), Reynolds Consumer Products LLC argued that because Glad’s disclosures concerning the nature of the comparison were not clear and conspicuous, the “25% more durable” claim misleads consumers into interpreting the message as a claim of superiority compared to competing brands of tall kitchen bags.

NAD recommended that Glad modify the claim to include clear and conspicuous disclosures indicating the object of comparison is Glad’s own 13-gallon ForceFlex bags. Glad accepted the decision for its search ads and website, however, appealed NAD’s recommendation that it modify its “25% more durable claim” on certain packaging.

Regarding the Glad ForceFlex MaxStrength packaging, the NARB panel majority came to a different conclusion from NAD. Two of the three panelists found that, in the context of the three packaging samples provided to the panelists (45- 34 and 20-bag sizes), Glad’s “25% more durable” claim is not misleading. All three panelists agreed that its conclusions are limited to the examined packaging and are not a comment on the more durable claim as it may be presented in other forms of advertising.

Glad stated that it is “very pleased with NARB’s conclusion that its ‘25% More Durable*’ claim is not misleading as presented on its product packaging.”

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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – May 16, 2024 – In a challenge brought by The Glad Products Company, BBB National Programs’ National Advertising Division determined that HoldOn Bags Inc. has a reasonable basis to claim that its trash bags break down in compost environments.

However, the National Advertising Division (NAD) recommended that other challenged claims either be discontinued or modified to:

• Clearly and conspicuously disclose the circumstances in which the bag would degrade, compost, or “break down.”
• Avoid conveying messages of general environmental benefits.
• Avoid conveying the message that HoldOn bags are not plastic.

HoldOn is a provider of trash bags certified by the Biodegradable Products Institute, Inc. (BPI) and TÜV Austria as compostable in commercial and home composting settings.

In support of its claims that HoldOn bags break down in compost facilities, the advertiser presented evidence through an expert in the field of compostable plastics and certifications from BPI and TÜV Austria that indicated the bag’s suitability for composting in both commercial and home composting environments.

NAD found that the evidence provided a reasonable basis for HoldOn to make claims that its bags break down in composting environments but did not support claims that the bags would break down in non-composting environments, such as landfills. NAD also found that the evidence was insufficient to support claims of general environmental benefits. NAD recommended that HoldOn’s claims conveying messages of environmental benefits be discontinued or modified to be limited to the bag’s ability to degrade in composting environments.

NAD also found that some HoldOn advertisements conveyed messages that its bags are not plastic, however, no evidence in the record supported that message. NAD recommended HoldOn discontinue or modify its claims to avoid conveying the message that its bags are not plastic.

In its advertiser statement, HoldOn stated that it will comply with NAD’s decision although it disagrees with certain aspects of it.

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