Author: Operations Team

New York, NY – May 9, 2024 – BBB National Programs’ National Advertising Division recommended, as part of its routine monitoring program, that Amyris Clean Beauty, Inc. modify the claim “Clinically-proven to quickly and visibly lift, firm and diminish the appearance of fine lines for a revitalized eye area” to reflect that the “quick” and “visible” results relate only to hydration and “the appearance of fine lines.”

The National Advertising Division (NAD) also recommended that actress Reese Witherspoon’s status as a Biossance brand ambassador be clearly and conspicuously disclosed. NAD’s inquiry further focused on whether the format of the challenged advertising gives the impression of editorial content from InStyle and Hello! Magazines and Sephora.com when, in fact, they are advertisements.

“Clinically-Proven” Claim

As support for its claim “Clinically-proven to quickly and visibly lift, firm and diminish the appearance of fine lines for a revitalized eye area,” Amyris relied on a clinical study that included instrumental measurements of skin hydration and elasticity, digital photographs, and participant questionnaires.

After reviewing the evidence, the National Advertising Division (NAD) determined the subjective portion of the questionnaire used in Amyris’ study could not support the portion of the “clinically-proven” claim that the product can “quickly and visibly” lift and firm and recommended that portion of the claim be discontinued. However, NAD found that other portions of the claim were supported, therefore recommended the claim be modified to reflect that the “quick” and “visible” results pertain only to hydration and “the appearance of fine lines.”

Clarifying Reese Witherspoon’s Ambassador Status, NAD noted that content featuring product claims and a paid endorsement such as, “This Reese Witherspoon-Approved Eye Cream Hydrates and Brightens,” should clearly and conspicuously disclose the material connection to the brand.

Editorial/Advertising Line Blurring

The National Advertising Division (NAD) noted the importance of providing consumers with disclosures about economic relationships between social media, online publications, digital publishers, and brands or products so consumers can distinguish ads from editorial content. When content is created due to affiliate relationships between a brand and digital publisher, the content is promotional and is advertising.

NAD cautioned Amyris to evaluate its business relationships with publishers and determine whether the content is advertising or editorial and, to the extent it is the former, that the claims are fully supported.

“#1 Best-Selling Eye Cream at Sephora”

During the proceeding, Amyris’ “#1 Best-Selling eye cream at Sephora” claim was permanently discontinued. The National Advertising Division (NAD) noted that it will treat the permanently discontinued claim, for compliance purposes, as though NAD recommended its discontinuance and the advertiser agreed to comply.

In its advertiser statement, Biossance stated that it “will comply with NAD’s recommendations” although it disagrees with certain aspects of the 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 Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

New York, NY – May 8, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that Unilever United States, Inc., in connection with its Degree Advanced Antiperspirant:

• Discontinue express and implied claims that Degree Advanced completely prevents underarm sweat and sweat marks during intense exercise sessions.
• Modify its “Samuel” commercial to avoid conveying the message that all Degree Advanced antiperspirant products provide superior wetness prevention and reduction compared to all Old Spice antiperspirant products.
• Discontinue side-by-side demonstrations of visible sweat marks on Old Spice underarms and the dry underarms of Degree Advanced users.

The challenged advertising was part of Unilever’s “Gray T-Shirt Challenge” campaign, which featured individuals applying Degree Advanced 72-hour antiperspirant products in social media and TV ads while wearing a gray t-shirt, notorious for showing sweat. After “their sweatiest” workout, the videos and commercials depict the user’s completely dry underarms.

Gray T-Shirt Challenge Claims

In its decision, the National Advertising Division (NAD) determined that Unilever’s social media videos and commercials in context convey a message that Degree Advanced antiperspirant completely prevents underarm sweat and sweat marks throughout intense exercise.

In support of its claims, Unilever relied on the results of hot room and SweatSENSE studies. NAD found that while the evidence in the record demonstrates Degree Advanced antiperspirant’s extra effectiveness at reducing underarm sweat, the product demonstrations in the videos and commercials go beyond sweat reduction and show the absence of sweat marks on users’ underarms.

NAD concluded that Unilever’s evidence was not a good fit to support the challenged claims and recommended that Unilever discontinue the express claims:

• “moving for hours. Still dry,”
• “no sweat marks,”
• “while your workout will leave your gray t-shirt soaked, Degree will protect those pits at all costs,”
• “I am sweating but nothing on my armpits,”
• “Degree deodorant, 72-hour protection and you don’t even see [any] gray armpit stain,”
• “after a great workout, we have no sweat stains” and
• “even when sweat builds up on your chest or back, Degree Advanced keeps your underarms dry and odor at bay.”

NAD also recommended that Unilever modify its advertising to avoid conveying the unsupported message that the full line of Degree Advanced antiperspirants completely prevent underarm sweat and sweat marks during intense exercise. NAD noted that nothing in its decision prevents Unilever from making other claims that are accurate and narrowly tailored to the results of Degree Advanced’s hot room and SweatSENSE studies.

“Samuel” Commercial Clams

NAD found that Unilever’s “Samuel” commercial communicates a comparison between the Degree Advanced line of antiperspirants and the Old Spice line of antiperspirants. 

NAD found that the depiction of Samuel completing several rounds of pull-ups and then showing his results of a dry underarm with Degree Advanced and a wet underarm with Old Spice conveyed the implied message that users of the full line of Old Spice antiperspirants will experience visible underarm sweat marks during intense exercise before Degree Advanced users will experience any visible underarm sweat marks.

Having determined that Unilever’s studies are not a good fit for claims regarding visible sweat marks on a t-shirt, NAD recommended that it be discontinued.

Further, NAD determined that the Samuel commercial conveys the implied message that the full line of Degree Advanced antiperspirants provides superior wetness prevention and reduction compared to the full line of Old Spice antiperspirants. Because the record did not contain testing on Degree Advanced sticks and Old Spice sticks, NAD recommended that Unilever modify its advertisement to avoid conveying such a message.

In its advertiser statement, Unilever stated that it will comply with NAD’s recommendations even though it “respectfully disagrees with NAD’s interpretation of the claims 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

Report details trust in generative AI is dependent on accuracy of output and transparency, with 86% saying establishing ethical guidelines and standards is crucial

NEW YORK — March 13, 2024 — LexisNexis® Legal & Professional, a leading global provider of information and analytics, today released results from its inaugural LexisNexis Future of Work Report, which demonstrated a significant positive stance in trust and attitudes toward generative AI (GenAI). The survey of more than 500 professionals across diverse industries worldwide revealed that 72% of professionals anticipate a positive impact from GenAI on daily work. In contrast, 82% expect it to take over a range of repetitive administrative tasks, allowing organizations to increase productivity and accelerate growth.

The report most notably showed that despite looming concerns over job security and satisfaction, only 4% see GenAI as a threat to job security, while nearly half (45%) noted job satisfaction had improved thanks to GenAI. The positive perspective extended to the impact professionals see for overall organizational performance, with 74% expressing some degree of optimism.

“The recent and rapid rise of GenAI marks a pivotal shift in how organizations must operate and strategize. LexisNexis embarked on this survey to shed light on how GenAI technology intersects with the realities of our professional lives and can improve how we perform our work,” said Todd Larsen, President, Nexis Solutions, a division of LexisNexis. “We believe that through collaboration and a shared understanding of GenAI, organizations can adopt and embrace the massive opportunities it provides which is why this is exactly what we are focused on at LexisNexis.”

Additional insights and findings show:

• GenAI’s Value and Industry Potential: GenAI is seen as adding value across a myriad of industries, including risk and legal, marketing and sales, corporate IT, strategy and finance and more. Industries poised to benefit most from GenAI include consultancies, legal services, financial services, and media and entertainment, among others.
• Seismic Shift in Acceptance and Use of GenAI: Ninety-six percent of business professionals say technology is crucial to organizational success. Additionally, 92% of professionals are curious about GenAI’s creative potential, with 86% noting a willingness to embrace GenAI for both creative and professional work. GenAI is also viewed as a useful tool and operational game-changer, with 69% of respondents using GenAI to assist with daily tasks.

Trust in GenAI Dependent on Accuracy of Output and Transparency

While organizations are bullish on AI, they must address apprehensions and build guardrails to counter mistrust with GenAI. Concerns range from data privacy issues to ethical questions about algorithmic bias and decision-making transparency. Nearly nine in ten professionals rank the quality and accuracy of the output as the #1 consideration in selecting a GenAI tool, and 86% say establishing ethical guidelines and standards is crucial. When it comes to building trust, a resounding majority (97%) say that human validation of GenAI outputs is important, and 80% report that ensuring systems are transparent and explainable is necessary.

To access LexisNexis’ entire Future of Work report and more details, please visit https://professional.lexisnexis.com/en-us/future-of-work-2024. For more information on leading legal AI tools from LexisNexis, also visit www.lexisnexis.com/genai.

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.

New York, NY – March 7, 2024 – BBB National Programs’ National Advertising Division determined, as part of its routine monitoring program, that Amyris Clean Beauty, Inc. provided a reasonable basis for the claims:

• “Our 100% sugarcane derived squalane is ethically and sustainably sourced”; and
• Squalane is “a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity.”

However, the National Advertising Division (NAD) recommended that Amyris:

• Modify the claim “Clean ingredients and clean formulas – we ban over 2000 ingredients that are known to be toxic to you and the environment” to reflect the banned ingredients that are typically used in cosmetics products;
• Discontinue the claim “keeping 2 million sharks every year safe from liver harvesting” or modify it to avoid referring to a numerical figure; and
• Discontinue the claim “All of our ingredients are also ethically and sustainably sourced.”

Under the Biossance brand, the synthetic biotechnology company Amyris creates and markets cosmetic products that feature sugarcane-derived squalane. Squalane has historically been derived from shark livers.

Clean Ingredients Claim

The claim “Clean ingredients and clean formulas – we ban over 2000 ingredients that are known to be toxic to you and the environment” appeared on the Biossance Sustainability webpage. While Amyris provided many sources for its banned ingredients as support for the challenged claim, the National Advertising Division (NAD) found that it is not clear whether the over 2,000 ingredients Amyris does not use in its products are associated with cosmetic products. Therefore, NAD recommended modifying the claim specifying banned ingredients typically used in cosmetic products.

Sustainability Claims

In support of its claim “keeping 2 million sharks every year safe from liver harvesting,” Amyris calculated the number of sharks saved based on 2012 data regarding an estimated number of sharks killed and an estimate as to the global demand for shark liver oil. However, the National Advertising Division (NAD) determined that absent more certainty as to the number of sharks killed and the amount of shark liver oil used by the cosmetics industry, there is no reliable figure as to the amount of sharks saved. Therefore, NAD recommended that the claim be discontinued or modified to avoid referring to a numerical figure. NAD noted that nothing in its decision prevents Amyris from making a more general claim that sharks are not harvested for squalane found in Biossance products.

NAD determined that Amyris provided a reasonable basis for the claim “Our 100% sugarcane derived squalane is ethically and sustainably sourced” based on a 2022 certification, which required adherence to various criteria and indicators relating to sustainable farming and milling.

Regarding the claim “All of our ingredients are also ethically and sustainably sourced,” NAD determined that while Amyris’ Supplier Code of Conduct might demonstrate its commitment to ensuring that ingredients are ethically and sustainably sourced, it does not demonstrate that all ingredients are, in fact, ethically and sustainably sourced. Therefore, NAD recommended that the claim be discontinued or modified to better fit the evidence in the record.

Efficacy Claim

As support for its claim “Did you know our squalane is sugar-cane derived and it’s a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity” Amyris relied on three studies that assessed the impact of squalane, in the form and range of the amount found in the Biossance products, on these objectively measurable attributes.

After reviewing the evidence, the National Advertising Division (NAD) determined that the claim “[i]t’s a hero ingredient in *every* Biossance formula? This miracle multitasker locks in weightless moisture, calms and protects, and improves elasticity” is supported by a reasonable basis.

In its advertiser statement, Biossance stated that it “will comply with NAD’s recommendations” although it disagrees with certain aspects of the 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 – February 27, 2024 – Following a challenge brought by BBB National Programs’ National Advertising Division as part of its routine monitoring program, the National Advertising Division recommended that product review site, Smarter Reviews:

• Discontinue its rankings and reviews format, or
• Modify its advertising to avoid conveying a message that the review and rankings webpages and the reviews and rankings themselves are unbiased, genuine, and independent and on an unbiased and objective review site.

In a Google search result, the claim, “2023’s Top Eye Treatment for Refreshed, Youthful-Looking Eyes: We reveal the top 5 products for reducing & preventing the look of aging skin around the eyes,” appeared as part of an article on Smarter-Reviews.com.

The National Advertising Division (NAD) inquiry focused on whether the challenged claims in both the Google Search result and the eye cream rankings on the Smarter-Reviews.com website reasonably conveyed that they were independent and objective, when, in fact, they are advertisements.

During the inquiry, Smarter Reviews modified its webpage to add several disclosures that the webpage is advertising for TruAlchemy’s Eye Elixir, the #1 ranked product, including “owned and operated by Scale Media, Inc.”  

While NAD appreciated the changes made by Smarter Reviews, NAD determined that it was not sufficiently clear that the content is advertising, noting that the reviews and rankings on the webpage appear to be the product of a dispassionate, independent analysis conducted by an editorial team.

NAD concluded that when advertisers control review websites, a disclosure, even if clear and conspicuous, may not be sufficient to alert consumers that the review is created or sponsored by the advertiser and advertising websites. Further, NAD found no evidence that Smarter Reviews has the expertise it purports to have in reviewing and ranking products, nor is there evidence that the endorsement is based on the expertise the website purports to have.

In its advertiser statement, Smarter Reviews stated that it “agrees to comply with NAD’s recommendations” although it “believes that the content and the disclosures on Smarter Reviews clearly and conspicuously explain the nature of the relationship between the products advertised and Scale Media, consistent with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in 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 (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