Author: Operations Team

New York, NY – June 27, 2024 – In a challenge brought by SC Johnson & Son Inc. (SCJ), BBB National Programs’ National Advertising Division determined that certain claims made by Procter & Gamble Company (P&G) for its Native brand of personal care products are supported, including:

• P&Gs use of “simple” in its tagline “Clean. Simple. Effective.”
• Monadic “safe” claims such as “safe & simple products made without harsh ingredients.”

• Modify or discontinue use of “simple ingredients” when describing Native product ingredients for its deodorants, body washes, body lotion, conditioners, and shampoos.
• Discontinue its “Born in the USA” claim.

SCJ, maker of the Method brand of products, challenged claims found on product packaging, advertising, and Amazon listings for P&G’s Native brand of personal care products.

“Simple” Claims

The National Advertising Division (NAD) determined that one message reasonably conveyed by “simple” in Native’s tagline, “Clean. Simple. Effective,” is that Native products contain few or minimal ingredients. NAD found that P&G substantiated the claim and determined use of the tagline is substantiated in the context of Native’s product packaging and website.

SCJ also challenged Native’s use of “simple” in reference to individual ingredients in Native Products instead of the product formulations as a whole: “simple ingredients,” “simple & effective ingredients,” or “simple ingredients you can understand at a glance.” NAD determined the description of Native ingredients as “simple” is not supported for its deodorants, body washes, body lotion, conditioners, and shampoos and recommended that P&G discontinue or modify its use of the “simple ingredients” claims when describing these products.

Safe Claims

The National Advertising Division (NAD) determined that one message reasonably conveyed by a monadic unqualified “safe” claim is that the product is safe when used as directed. NAD noted that while advertisers are responsible for all messages reasonably conveyed by their advertising, they are not obligated to support unreasonable interpretations of their claims, such as the message that the product is safe for all possible uses, even unintended ones, or that the product is safe for consumers to misuse contrary to product directions.

NAD found P&G’s monadic “safe” claims, such as “safe & simple products made without harsh ingredients” and “safe, synthetic, sustainable fragrances (free of phthalates),” used on Native products to be supported.

“Born in the USA” Claim

The National Advertising Division (NAD) determined that one message reasonably conveyed by P&G’s “Born in the USA” claim is that Native products are made in the USA. NAD noted that the Federal Trade Commission standard for “Made in USA” claims require that “all or virtually all” of the cost of the goods sold be attributable to domestic sources. Since P&G did not provide any evidence that its products are made in the USA, NAD recommended that the claim be discontinued.

During the proceeding, P&G permanently discontinued certain claims. 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, though P&G “respectfully disagrees” with certain of NAD’s determinations, it agreed to 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.

Grounded on LexisNexis’ vast legal research and practical guidance content, following a successful preview, Lexis+ AI is now commercially available in the UK, delivering fully encrypted, secure interactions with accurate results in seconds.

LONDON, 13^th June 2024 – LexisNexis^® Legal & Professional, a leading global provider of legal information and analytics, today announced that Lexis+ AI is now generally available for UK customers.  This follows the successful commercial launches of Lexis+ AI in both the USA and Australia.

Lexis+ AI delivers trusted results in a familiar, easy-to-use interface that combines the power of generative AI with proprietary search technology.  Lexis+ AI answers are grounded in one of the world’s largest repositories of reliable and exclusive legal content from LexisNexis, including primary, secondary, analytical content and expansive Practical Guidance modules.

Lexis+ AI provides direct links in its responses to the underlying citable authority.  This allows users to instantly validate results, reducing the risk of invented content, or hallucinations.  Lexis+ AI automatically checks all linked citations against LexisNexis’ content to ensure they are valid.

Developed with input from leading global law firms such as Macfarlanes, Eversheds Sutherland (International), Pinsent Masons and CMS UK, Lexis+ AI has been built to meet the day-to-day needs of lawyers.  Eleanor Windsor, Partner, Director of Knowledge Management, at Irwin Mitchell commented “we selected Lexis+ AI as it is the most advanced legally-trained AI solution on the market. It will enable us to maximise the value of the legal intelligence we already access from LexisNexis.”

The solution’s AI capabilities were built internally at LexisNexis with world-leading tech partnerships, enabling the company to rapidly introduce new features and technology and provide customers with a seamlessly integrated experience across the LexisNexis ecosystem.

Lexis+ AI features conversational search, intelligent legal drafting, insightful summarisation, and document upload capabilities, all supported by state-of-the-art encryption and privacy technology to keep sensitive data secure:

• Conversational search simplifies complex and time-consuming legal research by enabling users to conversationally interact with Lexis+ AI, explore new insights, and ask for adjusted and refined output.
• Document drafting instantly produces contract clauses and client communications from a simple user prompt.
• Summarisation functionality delivers case summaries in seconds with more content and capabilities coming soon.
• Document upload capabilities enable users to rapidly analyse, summarise and extract key insights from legal documents.

Lexis+ AI offers industry-leading data security and attention to privacy.  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 LexisNexis legal subject matter experts regularly sampling hundreds of thousands of AI generated answers, to tune and educate the model.  LexisNexis employs over 2,000 technologists, data scientists and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, accurate information.
“This is a pivotal moment in the history of the UK legal industry.  We are delighted to deliver a generative AI solution that will safely and securely enable our customers’ success,” said Gerry Duffy, Managing Director of LexisNexis UK.  “We have had unprecedented levels of interest in Lexis+ AI from our market and as of today, many of our customers will be enjoying the competitive advantage of having access to our rich and authoritative content combined with our leading AI technology”.

LexisNexis is responsibly developing legal AI solutions with human oversight.  LexisNexis, part of FTSE listed RELX, follows the RELX Responsible AI Principles.  These require the business to consider the real-world impact of its solutions on people and to take proactive action to prevent the creation or reinforcement of unfair bias.

For more information on Lexis+ AI or for a demo visit www.lexisnexis.co.uk/lexis-plus/lexis-plus-ai.html

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 
Matthew Leopold
Head of Communications
LexisNexis
Matthew.Leopold@lexisnexis.co.uk
+447788435569

New York, NY – June 12, 2024 – Following a challenge brought by BBB National Programs’ National Advertising Division as part of its routine monitoring program, Perfect Play Ltd. voluntarily discontinued the claim that consumers can win significant amounts of money by playing its Solitaire Smash mobile app game.

The National Advertising Division’s (NAD) monitoring program focuses on, among other things, advertising to vulnerable consumers. At issue is the claim “During the day I work at the bookstore, but at night I play Solitaire Smash tournaments. [I earn] $140,000 a year.” NAD’s inquiry focused on claims that imply that individuals who play Solitaire Smash can typically earn a significant amount of money akin to a supplemental salary.

In response to the challenge, Perfect Play stated that all challenged claims were permanently discontinued and that it has appointed a compliance officer responsible for monitoring advertising going forward. Therefore, 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, Perfect Play stated that it “appreciates NAD bringing this matter to its attention and is pleased to have resolved NAD’s concerns.”

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

New York, NY – June 11, 2024 – BBB National Programs’ National Advertising Division recommended, as part of its routine monitoring program, that Telecom Business Solutions, Inc. d/b/a AI-Pro.org, modify its AI-Pro advertising, which uses the terms “ChatGPT” and “GPT4,” to avoid confusion about the nature of AI-Pro’s products and services and its relationship with OpenAI.

AI-Pro is not OpenAI but utilizes OpenAI’s ChatGPT 3.5 and ChatGPT 4.0 technology through application programming interfaces (APIs). ​By integrating OpenAI’s technology into some of AI-Pro’s applications, AI-Pro provides users access to OpenAI’s ChatGPT.

During the proceeding, AI-Pro agreed to voluntarily modify the challenged express claims. NAD determined that AI-Pro’s modified claim “Powered by OpenAI,” “Powered by ChatGPT Technology,” accompanied by the disclosure “Independently developed and not affiliated, endorsed, or sponsored by OpenAI” makes clear that AI-Pro uses ChatGPT technology in its product offerings and is not ChatGPT.

However, NAD found that in contexts without the disclosure, or in which the disclosures are not clear and conspicuous, consumers can reasonably take away the message that AI-Pro’s product or service is ChatGPT or is affiliated with OpenAI.

Therefore, NAD recommended that:

• The disclosure “AI-PRO is Powered by OpenAI. We are not affiliated nor related to OpenAI” be clear and conspicuous, or
• That the advertising otherwise make clear that AI-Pro provides applications built on OpenAI and ChatGPT and that its APIs are not the same as or provided by OpenAI or ChatGPT.

In its advertiser statement, Telecom Business Solutions stated that it agrees to comply with NAD’s recommendations and noted that “while it has made some modifications, it will make additional ones in accordance with the NAD 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.

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

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.