Category: CE

New York, NY – January 17, 2025 – In a challenge brought by competitor Henkel Corporation, BBB National Programs’ National Advertising Division recommended that  Procter and Gamble Company (P&G) modify the claim “From Tide, the #1 brand used by dermatologists” when used in connection with imagery for Tide Free & Gentle and discontinue the related claim “From Tide, the #1 Trusted Detergent Brand for Sensitive Skin.”

P&G’s Tide Free & Gentle and Henkel’s all^® free clear are both laundry detergents for consumers who are concerned about the presence of certain ingredients in detergents.

Dermatologist Use Claim

The claim “From Tide, the #1 brand used by dermatologists” appeared in a commercial for Tide Free & Gentle, on P&G’s website, on a retail store display for Tide Free & Gentle, and other forms of advertising.

The National Advertising Division (NAD) determined that the following messages were reasonably conveyed by P&G’s advertising:

• Dermatologists prefer Tide Free & Gentle over all^® free clear
• Dermatologists who use sensitive skin detergent prefer Tide Free & Gentle over all^® free clear
• More dermatologists use Tide Free & Gentle over all^® free clear

NAD found that P&G’s survey evidence was not a good fit for dermatologist preference claims and recommended that P&G modify the claim “From Tide, the #1 brand used by dermatologists” when used in connection with imagery for Tide Free & Gentle to avoid conveying such implied messages.

Consumer Trust Claim

Henkel challenged the claim on P&G’s website and other forms of advertising, “From Tide, the #1 Trusted Detergent Brand for Sensitive Skin*” followed by the disclosure that “*Tide is Consumers’ #1 Trusted laundry detergent brand for sensitive skin in BrandSpark Survey,” with an image of a bottle of Tide Free & Gentle next to the claim.

NAD concluded that one reasonable message conveyed by this claim is that Tide is the “#1 Trusted Detergent Brand” for use on sensitive skin – a message that NAD did not find substantiated by P&G’s BrandSpark survey.

Therefore, NAD recommended that P&G discontinue the claim “From Tide, the #1 Trusted Detergent Brand for Sensitive Skin.”

In its advertiser statement, P&G 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.

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

New York, NY – January 16, 2025 – In a Fast-Track SWIFT challenge brought by competitor AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that T-Mobile US, Inc. discontinue its claim for 20% savings on monthly wireless services.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). AT&T challenged T-Mobile’s “Holidays Are Coming in Hot” commercial, in which T-Mobile advertises that prospective customers save 20% every month in service costs compared to AT&T and Verizon.

At issue for NAD was whether T-Mobile’s commercial informs consumers that the 20% savings claim is calculated by including the cost of third-party streaming services on top of the price of AT&T’s and Verizon’s monthly wireless plans.

NAD determined that the context of the challenged commercial does not put consumers on notice that streaming services are connected with T-Mobile’s price comparison claim. Because the main message of the commercial is price savings, without reference to optional add-on streaming services, NAD determined that the small on-screen print disclosure that references streaming services as the basis of comparison is insufficient and contradicts the main message of the commercial.

Accordingly, NAD recommended that T-Mobile discontinue the claim in the challenged advertising that “families can save 20% every month versus AT&T and Verizon.” NAD noted that nothing in its decision precludes T-Mobile from making truthful and not misleading price comparisons about the value of the streaming services it includes with its plans.

In its advertiser statement, T-Mobile stated that although it “disagrees with NAD’s conclusions regarding the challenged advertising,” it will comply with NAD’s decision and “take NAD’s recommendations into account with respect to its future 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:
Jennie Rosenberg
Director of Communications
BBB National Programs
press@bbbnp.org

New York, NY – January 13, 2025 – Based on Relish Labs, LLC d/b/a Home Chef’s failure to address compliance concerns from a previous inquiry, BBB National Program’s National Advertising Division has referred Home Chef to the Federal Trade Commission (FTC) in accordance with its procedures.

The National Advertising Division (NAD) conducted two prior compliance proceedings, following a challenge from HelloFresh, during which Home Chef agreed to modify or discontinue certain claims. Among these were the express claim “Don’t settle for HelloFresh” and the implied claim “Home Chef provides better quality meals and superior service than HelloFresh,” which Home Chef informed NAD it had permanently discontinued.

NAD treated the permanently discontinued claims, for compliance purposes, as though NAD recommended it be discontinued.

However, NAD received reports about continued noncompliance concerning the “#1 in Customer Satisfaction” claim and engaged with Home Chef to ensure full compliance with the decision. As Home Chef declined to make the required changes, NAD has referred the matter to the FTC for review and potential enforcement action. Additionally, NAD will notify the platforms where noncompliant advertising appeared and with whom it has a reporting relationship.

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 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 – January 10, 2025 – In a Fast-Track SWIFT challenge initiated by Cedar Alliance, Ltd., BBB National Programs’ National Advertising Division reviewed advertising claims by Larose Industries LLC, operating under the names Roseart and Cra-Z-Art, that its products are “Made in USA.” As Larose Industries failed to respond to the inquiry, in accordance with its Procedures, the National Advertising Division (NAD) is referring the matter to the Federal Trade Commission (FTC).

Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the NAD. Cedar Alliance and Larose Industries compete in the pencil industry.

Cedar Alliance challenged Larose Industries’ advertising claims about the country of origin of its pencils, arguing that despite using phrases like “Proudly Made in USA” and using American-themed imagery, the pencils are made from components sourced from China and involve foreign manufacturing and assembly.

Larose Industries was nonresponsive to NAD’s multiple communications regarding the challenge and failed to participate in the self-regulatory process, so pursuant to its Procedures, NAD is referring the matter to the FTC for review and potential enforcement action. NAD has also notified relevant advertising platforms to assess compliance with platform standards.

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 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 – January 9, 2025 – BBB National Programs’ National Advertising Division recommended that T-Mobile US, Inc. discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also provides service.

Charter Communications, Inc., which owns and operates Spectrum Mobile, challenged T-Mobile’s advertising under Fast-Track SWIFT, an expedited challenge process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

In T-Mobile’s “Top Three Plays of the Day” commercial featuring influencer Kai Cenat, NFL player Patrick Mahomes, and rapper Snoop Dogg, T-Mobile advertises that “families can save 20% vs. the other big guys” with T-Mobile wireless service.

“The Other Big Guys”

Charter argued the generic reference to “the other big guys” in the commercial included Spectrum Mobile. NAD determined that the claim “the other big guys” is ambiguous and it is not clear from the context of the ad which competitors are being compared, so prospective consumers who live within Spectrum’s limited nationwide footprint could reasonably interpret the challenged claim as against Spectrum Mobile.  

Price Comparison

NAD also examined whether prospective customers could save 20% by switching to T-Mobile compared to Spectrum Mobile.

NAD found that any savings for Spectrum customers would not be achieved in the first year due to a promotional offer that expires after one year. While the advertised claim touts “Families Can Save,” it was unclear if customers choosing T-Mobile would achieve 20% savings over Spectrum Mobile in the first year.

Therefore, NAD recommended T-Mobile discontinue or modify its advertising to make clear the company/(ies) that are the object of the comparison (“the other big guys”) in those markets where Spectrum Mobile also provides service.

In its advertiser statement, T-Mobile stated that it is “disappointed with NAD’s decision in this case” and that it will appeal NAD’s decision to the National Advertising Review Board (NARB).

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 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 – January 7, 2025 – Following a challenge by Verizon Communications Inc., BBB National Programs’ National Advertising Division found that Charter Communications Inc. substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data limitations.

Verizon challenged Spectrum Mobile’s website advertising, which referred to Charter’s plans as “Unlimited” and “Unlimited Plus” and included several unlimited data claims which indicated that Spectrum Mobile plans include “Unlimited talk, text, and data,” which allows customers to “use all the data you want.”

The National Advertising Division (NAD) concluded that the advertising conveys the message that Spectrum Mobile customers who subscribe to an Unlimited or Unlimited Plus plan will be able to consistently engage in typical online activities, regardless of the amount of data consumed in any given month.

NAD found the challenged “Unlimited” express and implied claims supported.

NAD, however, recommended that Spectrum Mobile modify its website advertising by disclosing high-speed data limitations in close proximity to its “Unlimited” claims.

In its advertiser statement, Charter stated it “will comply with NAD’s recommendations regarding its disclosures.”

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 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

McLean, VA – January 7, 2025 – BBB National Programs today announced the 99 panel pool members of its 2025 National Advertising Review Board, the appellate body for the U.S. advertising industry’s system of self-regulation. The announcement was made by Eric D. Reicin, President and CEO, BBB National Programs.

BBB National Programs’ National Advertising Review Board panel pool members, selected for their stature and experience in their fields, provide independent peer review to ensure truthfulness and accuracy in national advertising and help promote voluntary compliance with self-regulatory decisions.

Founded in 1971, the National Advertising Review Board provides appellate review of BBB National Programs’ National Advertising Division and Children’s Advertising Review Unit decisions. In more than 90% of case decisions, companies voluntarily comply with any advertising recommendations made. In situations where an advertiser fails to make good-faith efforts to modify or discontinue advertising as recommended, cases are referred to the appropriate regulatory agency.

For 2025, National Advertising Review Board panel pool members include 99 distinguished leaders from three different categories:

• Public Members (academics and other members of the public sector)
• Advertising Agencies
• National Advertisers

 

A National Advertising Review Board appellate panel generally consists of five members from the pool, with three national advertising representatives, one agency representative, and one public sector representative on each panel.

Nominations for National Advertising Review Board panel pool members are made by the Association of National Advertisers (ANA), American Association of Advertising Agencies (4A’s), American Advertising Federation (AAF), Interactive Advertising Bureau (IAB), and BBB National Programs. The initial term is two years, and each member is eligible to be re-appointed for two additional two-year terms. This year 13 new members join 86 individuals returning to their distinguished roles.

“The National Advertising Review Board is a unique component of our advertising self-regulation programs,” said Eric D. Reicin, President and CEO, BBB National Programs. “Composed of distinguished advertising luminaries, from diverse educational and career backgrounds, they bring a ‘jury of peers’ component to a process that is grounded in the principles of advertising law.”

Following is the list of the 13 new BBB National Programs’ National Advertising Review Board panel pool members for 2025:

New Panel Pool Members

New Public Members

• Gail McCarthy, Associate Professor – Graphic Design, Faculty Advisor, College of Engineering & Design, Johnson & Wales University
• Armand D. McCoy, Executive Director/Faculty Advisor, Lindsey + Asp, Instructor, Advertising, Gaylord College of Journalism and Mass Communication
• Rich McCracken, Lecturer, Hubbard School of Journalism & Mass Communication, University of Minnesota
• Gordon Stillman, MFA, Assistant Professor and Chair, Visual Art Department, Lincoln University
• Marthinus JC van Loggerenberg, Associate Professor, College of Arts and Sciences, University of San Francisco

 

New Advertising Agency Members

• Cari Bucci-Hulings, President, Betty
• Reid Carr, CEO & Executive Creative Director, Red Door Interactive
• Amber Guild, CEO, McCann NY
• Jacqueline Hoyos, Chief Media Officer, Moroch
• Stephanie Norris, President & Founder, Norbella

 

New National Advertiser Members

• Dan Williams, CRO, 3 Day Blinds
• Susette Brooks, Director of Inclusive Marketing, Penguin Random House
• Marisol Martinez, Group Vice President – Marketing Creative Strategy, Charter Communications

 

Following is the list of the 86 returning BBB National Programs’ National Advertising Review Board panel pool members for 2025:

Returning Panel Pool Members

Public Members

• Jenny Buschhorn, Associate Professor of Practice, Advertising Program Head, Texas State University 
• J. Busé, Instructor, The Modern College of Design 
• Margaret (Meg) C. Campbell, Associate Dean & Department Chair, Professor of Marketing, Anderson Presidential Chair in Business Administration, Department Chair & Associate Dean of Faculty, UC Riverside School of Business, University of California, Riverside 
• Alicia D. Cooper, Associate Professor of Marketing, Department of Management, Marketing & Logistics, College of Business & Public Affairs, Alabama A&M University
• Debra (Debbie) M. Desrochers, B.S., M.B.A., Ph.D, Senior Lecturer, Management, Director of Studies MRes in Management, Marketing, Business & Society, Centre for Business, Organisations and Society (CBOS), University of Bath 
• Allen Garcie, Associate Professor of Digital Arts, Sybil T. & J. Frederick Patten Endowed Professor, Director, LaPIXEL Digital Arts & Media Academy, Designer/Facilitator, IdeaSpace, Department of Arts and Media – Digital Arts Program, Louisiana State University Shreveport 
• Nancy J. Gray, Clinical Assistant Professor, W. P. Carey School of Business, Arizona State University  
• Scott R. Hamula, Professor and Chair, Strategic Marketing, Integrated Marketing Communications, Roy H. Park School of Communications, Ithaca College 
• Timothy Hendrick, Professor Emeritus, Advertising, School of Journalism & Mass Communication, San Jose State University 
• Glynnis M. Johnson, Assistant Professor of Marketing and Advertising, Morehouse College  
• Joel M. Nichols, M.B.A., Assistant Professor, Department of Journalism and Strategic Media, The University of Memphis 
• Daniel John Petek, Education Chair Emeritus, AAF, Former Advertising Instructor, Washington State University  
• Jeff Sheets, Teaching Professor, Brigham Young University

 

Agency Members

• Brad Bennett, Co-Founder & Chief Firestarter, Wildfire  
• Scott Bishoff, SVP Client Director, Canvas World Wide 
• Allen Bosworth, President Emeritus, EP+Co  
• Dean Broadhead, CEO, broadhead. 
• Jeb Brown, Chairman & CFO, Yes&
• Brad Casper, Chief Executive Officer, Heart and Soul Marketing 
• Celeste Castle, EVP, Head of Research and Measurement, Amplifi USA 
• Brandon Cooke, Global Chief Marketing Officer & International Affiliates Lead, FCB  
• Stephanie Crockett, President & CEO, Mower  
• Michelle Edelman, Partner/CEO, PETERMAYER 
• Steve Erich, Co-Founder & President, Erich & Kallman 
• Daisy Expósito-Ulla, Chairman and CEO, d expósito & Partners 
• Marina Filippelli, CEO, Orci 
• David Lane, Co-Founder, LevLane  
• Jeff Larson, President and CEO, Mediassociates  
• Brad Moranchek, Global Client Business Lead, Omnicom Media Group 
• Bob Morrison, Founder & Chairman, Morrison Agency 
• Krista Nicholson, President, Motive
• Peggy Nordeen, CEO, Starmark 
• Ingrid Otero-Smart, President/CEO, Casanova//McCann  
• Doug Pinckney, Chairman and CEO, Pinckney Hugo Group 
• Andy Pray, Founder & CEO, Praytell  
• Al Samuelian, Managing Director & Strategy, OMD 
• Tom Stein, Chairman and Chief Brand Officer, Stein IAS 
• Duff Stewart, CEO, GSD&M  
• Robyn Streisand, Founder/CEO, The Mixx 
• Sharon Tallach Vogelpohl, President & Chief Executive Officer, MHP/Team SI 
• Aaron Walton, CEO, Walton Isaacson  
• Frances Webster, CEO, Walrus  
• Carol H. Williams, Owner, President, CEO & Chief Creative Officer, Carol H. Williams Advertising, Inc.

 

Advertiser Members

• Nicole Apple, Agency Relations, Strategic Consultant, Nicole Apple Consulting, Former ANA Agency Relations Committee Co-Chair 
• Lynne Bartron, Vice President, Global Brand Experience & Creative, Gen Digital Inc. 
• Laura Brewick, SVP, Chief Product Officer, FXI 
• Denis Budniewski, Former Associate Vice President Investment and Transformation, Verizon    
• Amy Bytell, Senior Marketing Manager, Performance Media, Cox Automotive  
• Stephen Cassell, Former Chief Marketing & Brand and Communications Officer, Point32Health  
• Matt Casselton, VP, Marketing and Consumer Engagement, Trinity Health   
• Vivian Chang, Vice President Ecommerce, GNC 
• Jessica Cipolla-Tario, Vice President, Global Creative Service, Sony Interactive Entertainment  
• Jill Cress, Chief Marketing and Experience Officer, H&R Block 
• Tia Cummings-Hopkins, Co-Founder and CEO, 925 Consulting, Former SVP, Marketing, Square 
• Nicolle DuBose, Former Chief Marketing Officer, Playa Bowls 
• Rebecca Duke, Senior Brand Director, Campbell Soup Company 
• Brad Feinberg, VP Media & Digital, Amcom, Molson Coors Beverage Company 
• Olivier Fleurot, Ph.D., Senior Vice President Technical Services, Wellness Pet Company 
• Katherine Freeley, Head of Media Center of Excellence, Boehringer Ingelheim 
• Linda Gharib, VP, Brand & Communications, Wolters Kluwer 
• Jennifer Haught, Former Director, Performance and Digital Marketing, Kohler Co. 
• Fernando Herrera, Vice President of Imaginarium & Marketing, Sun-Maid Growers of California 
• Lee Hsieh, 1PD, CRM, CDP, Rewards US Commercial Lead, Kenvue 
• Alia Kemet, Chief Marketing Officer, Shipt 
• Ivonne Kinser, CEO – Vantage Innovation Lab, Chief Marketing Officer – Hoplark  
• David Lee, Senior Director, Global Licensing & Culture, Kellanova Global Growth Team 
• Linda Lee, Chief Marketing Officer, Meals & Beverages, Campbell Soup Company
• Archie Lyons, Creative Director, Global Brand Division, Caterpillar 
• Ian McDonald, Sr. Global Category Manager, Marketing, Edgewell Personal Care Brands 
• Phil McWaters, Senior Vice President – Global Personal Health Care, Procter & Gamble  
• Warren Marenco Chase, Vice President, Managing Director – Copper Giants, Liberty Mutual 
• Kevin L. Miller, Former Chief Marketing Officer, The Fresh Market  
• Gary P. Osifchin, CMO and GM, U.S. Hygiene, Reckitt Benckiser 
• Heather Roff, AVP, Total Video+ & Direct, L’Oréal USA 
• Dana Paris, Chief Commercial Officer, Jordan’s Skinny Mixes 
• Michael Perdigao, President, Advertising & Corporate Communications, The Wonderful Company 
• Chris Phillips, VP, Branded Content Sales & Strategy, Realtor.com 
• Simona Rabsatt Butler, Sr Director, Global Sourcing – Responsible Sourcing, Visa  
• Erin Silver, Senior Director, Growth Marketing and Communications, Exclusive Resorts 
• Juanita Slappy, Head of Multicultural Marketing, Cadillac, General Motors 
• Marissa Solis, SVP, Global Brand & Consumer Marketing, National Football League 
• Ramon Soto, SVP, Chief Marketing & Communications Officer, Northwell Health 
• Amy Spiridakis, Vice President, Marketing, Target Corporation  
• Rebeca Vargas, Chief Marketing Officer, Girls Scouts USA 
• Kwan Yim, Director, Head of Global Agency Management, Citi 
• Doug Zarkin, Chief Brand Officer, Modern Performance + Recovery Brands

 

Learn more about the National Advertising Review Board here.

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

New York, NY – January 6, 2024 – As part of its routine monitoring process, BBB National Programs’ National Advertising Division recommended Solawave Inc. d/b/a Solawave discontinue certain express and implied claims for its SolaWave Advanced Skincare Wand.

The National Advertising Division’s (NAD) inquiry focused on claims representing the product’s dramatic performance benefits. After receiving NAD’s inquiry, Solawave modified the challenged claims to include a disclosure that said, “based on a 30-day consumer perception study on 60 people, ranging from 25 to 60.” NAD reviewed the claims as modified.

To support the challenged claims, Solawave submitted results of a 30-day in-home use test (IHUT), designed to evaluate the effectiveness of its Advanced Skincare Wand, as well as user-submitted before and after photos demonstrating its efficacy.

NAD determined that the IHUT’s methodological flaws, including the lack of a washout period and that participants could continue using anti-aging products during the study, rendered it insufficiently reliable to support the modified claims.

The IHUT’s subjective user evaluations are insufficient to support the challenged objective performance claims. NAD accordingly recommended that the challenged claims “smooth fine lines,” “fade blemishes,” “increase firmness,” “decrease puffiness,” and “boost skin’s glow,” together with claims touting the percentage of users who observed the results, be discontinued.

Regarding the “before” and “after” photos, NAD concluded that the use of the consumer-submitted photographs to depict measurable improvements over the 30-day period were not sufficiently reliable to depict measurable improvements and may overstate what consumers can reasonably expect to achieve when using the product. NAD recommended that the challenged “before” and “after” photographs be discontinued.

During the proceeding, Solawave informed NAD that it voluntarily discontinued certain challenged claims. These claims will be treated, for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, Solawave stated that although it “disagrees with NAD’s decision,” and “maintains that [its] study…substantiates its product claims,” it will “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 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 – December 30, 2024 – In a Fast-Track SWIFT challenge brought by GuruNanda, LLC, BBB National Programs’ National Advertising Division recommended that Oral Essentials, Inc. discontinue its claim that Lumineux mouthwash products are “Certified Non-Toxic.”

Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the National Advertising Division (NAD). Oral Essentials and GuruNanda compete in the mouthwash category of the oral health market.

Oral Essentials’ Lumineux mouthwash label on the front of the packaging states it is “Certified Non-Toxic,” and a logo stating “MADE SAFE” appears on the back of the packaging. In support of the “Certified Non-Toxic” claim, Oral Essentials submitted two cytotoxicity studies (one for its sensitivity mouthwash and one for its whitening mouthwash) and a certification statement from MADE SAFE, a third-party certification program that verifies ingredient safety and non-toxicity. Oral Essentials mouthwashes were certified by MADE SAFE at the time of manufacture.

Strong evidence is needed for non-toxic claims due to potential health and environmental risks as well as the potential for consumers to misuse the product or take away a broader message about the product’s safety that is not supported by the claim.

NAD found Oral Essentials’ cytotoxicity studies did not support the challenged claims as such studies do not reflect the real-world effects on humans and only address one form of toxicity. Additionally, the study formulations contained one less ingredient and differed from the current product ingredients.

Further, NAD found that the MADE SAFE certification did not support the challenged claim because it was unclear from the record what real-world considerations the certification process took into account, and because the certification expired in October 2024.

Therefore, NAD concluded that Oral Essentials did not support its “Certified Non-Toxic” claim and recommended that the claim be discontinued. Nothing in this decision prevents Oral Essentials from making qualified “non-toxic” claims that clearly and conspicuously disclose the nature of health risks from product misuse.

In its advertiser statement Oral Essentials stated that it will “follow NAD’s recommendations and is completing annual review of its MADE SAFE certification.”

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.  

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs has referred direct selling company Olive Tree People, Inc. to the Federal Trade Commission (FTC) and the California Attorney General’s Office for possible enforcement action. The referral comes after Olive Tree failed to respond to a DSSRC inquiry into earnings claims made on social media by its salesforce members. 

DSSRC is an independent national advertising self-regulation program that monitors advertising and marketing claims in the direct selling industry. Olive Tree is a direct selling company that markets a range of natural beauty and wellness products.

The earnings claims at issue in this case include, but are not limited to:

Earnings Claims

• “financial freedom, incredible incentives”
• “ Every sale is Income-side income to full-time income (25-35% commission plus bonuses-weekly and monthly pay)”
• “Whether as an additional stream of income or you want to make this your full time source of income the possibilities are endless and available to you!”
• “And here’s the deal, my financial freedom is going to look different than your financial freedom. I don’t need millions of dollars to be financially free. I don’t need the fanciest car and the biggest house and the newest things to feel financially free. Financially free for me getting to spend more time with my husband, it means getting to take worldly adventures with my children, it means getting to nourish my family without having to check the bank account first.”
• “I’m so excited and blessed to be a part of this amazing company! In just one month, I earned a trip to Austin, and I truly appreciate all the trust and support from everyone.”
• “In my one year here I have easily earned over 3X the amount I ever earned in all my combined years at my last company and my team is consistently putting up numbers I only ever dreamed about.”

DSSRC determined that these posts expressly and inaccurately claim that Olive Tree salesforce members can earn significant income, replace previously earned income, achieve financial freedom, and earn free trips.

After multiple attempts, Olive Tree has failed to respond to DSSRC’s inquiry to provide substantiation for the challenged claims. Pursuant to DSSRC Policies and Procedures, Olive Tree has now been referred to the FTC and the California AG Office for possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.

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 Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.