Category: English

New York, NY – September 16, 2026 – As part of its monitoring program, BBB National Programs’ National Advertising Division examined Alice Mushrooms, LLC’s support for health claims made for its Zen-X mushroom-containing chocolate products. The National Advertising Division (NAD) recommended that Alice Mushrooms modify its Zen-X claim to make clear that the health benefit claim is limited to saffron.

At issue for NAD was Alice Mushrooms’ support for its claims that its products provide health benefits including energy, libido support, and deep sleep. Zen-X touts its calming properties, specifically that “cool, calm and collected is one delicious bite away.”

In support of its claim, Alice Mushrooms relied on studies of three key ingredients: L-theanine, kanna, and saffron, arguing that the ingredient-level evidence collectively provided a reasonable basis for its claims. NAD determined that Alice Mushrooms did not have a reasonable basis for the Zen-X claim “cool, calm and collected is one delicious bite away” and reviewed the ingredient studies to see if a qualified claim could be supported.  

NAD determined that the evidence in the record was not a good fit to demonstrate the impact of L-theanine and kanna extract to confer the following claimed benefits: cool, calm and collected, and clear headed, but noted that nothing in the decision prevents Alice Mushrooms from making a qualified claim as to kanna’s safety and tolerability.

As to saffron, NAD determined that one of the clinical studies on the same dose of saffron as in Alice Mushrooms included many indicia of reliability and found statistically significant results on measures, including tension, stress, and vigor. NAD recommended that Alice Mushrooms modify the claim “cool, calm and collected is one delicious bite away” to make clear that it is limited to saffron.

During the inquiry, Mushrooms voluntarily discontinued the challenged claims for its Brainstorm product and all but one of the challenged claims for Zen-X. The permanently discontinued claims will be treated, for compliance purposes, as though NAD recommended they be discontinued and Alice Mushrooms agreed to comply.

In its advertiser statement, Alice Mushrooms stated that 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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.

New report shows nearly $3 billion in 2025 court-ordered product liability damages, California’s continued prominence in product litigation, and a landscape of litigation shaped by a small number of massive cases

San Jose, CA, September 15, 2026 — LexisNexis^® Legal & Professional announced today the release of the Lex Machina^® 2026 Product Liability Litigation Report, a comprehensive, data-driven analysis of trends shaping U.S. product liability litigation in federal district and circuit courts, with additional insights exploring trends in the especially busy Superior Court of Los Angeles County. The analysis explores trends in 813,960 product liability cases in federal district courts, 3,102 federal circuit court cases docketed from 2016 through 2025, together with 36,939 product liability cases in Los Angeles Superior Court.

Powered by insights from Lex Machina^®, the LexisNexis^® Legal Analytics^® platform, the report dissects trends dating back to 2016 and provides timely observations from the first half of 2026. The analysis explores shifts in filings, appeals, timing, resolutions, findings, and damage awards, along with details regarding the judges, parties, and counsel most involved in federal product litigation.

Key findings from the report include:

• Federal product liability filing activity reached a new high in 2025, driven by vehicle cases: From 2023 through 2025, more new product liability cases were filed in federal district courts than intellectual property, labor and employment, and civil rights cases combined. Excluding cases associated with multidistrict litigation (MDLs), claimants filed 5,692 product liability cases in 2025, a 31% increase from 2024 and the highest annual total in the 2016-2025 period. Vehicle product cases rose to 3,281, up roughly 269% from 2016 and representing more than half of all non-MDL product liability filings in 2025.
• Product liability damage awards rebounded above recent levels, but one extraordinary judgment dominated the total: Courts awarded $2.976 billion in product liability damages across 38 cases in 2025, more than double the $1.338 billion awarded across 39 cases in 2024 and above the $2.044 billion awarded across 52 cases in 2023. The 2025 total was the highest since 2017, though a single judgment for approximately $2.53 billion accounted for most of that sum. From 2023 through 2025, court-ordered awards and approved class action settlements exceeded $6.37 billion in principal damages.
• California has seen a remarkable surge in product liability lawsuits: The Central District of California received 3,004 non-MDL product liability cases from 2023 through 2025, or 21.2% of the national total and more than three times the volume of any other federal district. California’s four federal districts together accounted for more than one-third of all such cases. In Los Angeles Superior Court, annual product liability filings increased from 479 in 2021 to 11,822 in 2025, with most recent actions filed against automakers under the Song-Beverly Consumer Warranty Act.

“Product liability litigation rarely follows one simple path,” said Eric Wright, senior vice president for Lex Machina at LexisNexis. “In the latest data, the trends behind case volume, duration, and damages vary sharply between MDL and non-MDL matters, different types of claims, and individual venues. The report gives legal and risk professionals a clear view of those differences, while Lex Machina lets them apply that same level of detail to the judges, parties, counsel, outcomes, and damages that matter most to their own work.”

To request a copy of the report, visit LexisNexis.com/LexMachina.  

The Lex Machina platform equips litigation professionals to develop stronger case strategies and generate business. From precise timing metrics that inform legal budgeting to trend data on top law firms and leading judges, Lex Machina supplements traditional legal research and experience with customized, data-backed insights. These insights help lawyers identify and pursue new matters, navigate motion and trial strategies, and negotiate smarter settlements, ultimately giving firms a competitive edge in litigation.

About LexisNexis^® Legal & Professional 

LexisNexis^® Legal & Professional provides AI-powered legal, regulatory, business information, analytics and workflows 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 11,900 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

About Lex Machina 

Lex Machina^® fundamentally changes how companies and law firms compete in the business and practice of law. The company provides strategic insights on judges, lawyers, law firms, parties, and other critical information across 22 federal practice areas and a rapidly growing number of state courts. Lex Machina allows law firms and companies to anticipate the behaviors and outcomes that different legal strategies will produce, supporting more effective case strategy and business development efforts.

Lex Machina was named Winner of the “Overall LegalTech Data Solution Provider of the Year” LegalTech Breakthrough Award 2025, “Best Data Analytics & Insight Solution” 2025 CODiE Award, and Winner of the “Media Excellence Award” for Analytics/Big Data 2024. Based in Silicon Valley, Lex Machina is part of LexisNexis^®, a leading global provider of legal, regulatory, and business information and analytics. For more information, please visit https://www.lexisnexis.com/en-us/products/lex-machina.page.

Media Contact

Venture PR lexmachina@venturepr.co 

New York, NY – September 15, 2026 – Following a BBB National Programs’ National Advertising Division challenge brought by The Procter & Gamble Company (P&G), Zuru Edge Limited voluntarily discontinued practices to comply with the FTC’s Endorsement Guides for future incentivized review programs.

Zuru is a New Zealand-based consumer products company that sells products including infant and pet care products, toys, and wellness products. Zuru’s brands, which include Millie Moon diapers, compete with P&G brands such as Pampers. P&G alleged that, for a period of at least six years, Zuru has been running an incentivized review program through a private Facebook group called the ZURU Edge Community. P&G asserted that the group has 5,000+ members, that Zuru has solicited consumers to write incentivized reviews in exchange for full reimbursement from Zuru, and that Zuru provided no instructions that the reviewers disclose their material connection.

During the inquiry, Zuru stated that it has discontinued the Facebook group and modified its incentivized review practices to instruct consumers to include a clear and conspicuous disclosure that the purchase price of the reviewed product was being reimbursed by Zuru. Therefore, NAD will treat the discontinuation and modification, for compliance purposes, as though NAD recommended them.

In regard to reviews already posted, NAD recommended that Zuru make reasonable efforts to have any recent reviews of current products revised to include any necessary disclosures or to notify third-party retail channels that these reviews were incentivized.

In its advertiser statement, Zuru stated that it “will endeavor 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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.

New York, NY – September 11, 2026 – In a monitoring inquiry, BBB National Programs’ National Advertising Division recommended that Nucleus Genomics, Inc. modify or discontinue certain express and implied advertising claims for its Nucleus IVF+ service, including claims that Nucleus IVF+ could accurately compare embryos’ disease risks, identify which embryo would grow up tallest or smartest, and determine a future child’s eye and hair colors. Nucleus will appeal the National Advertising Division’s (NAD) decision.

Nucleus is a consumer genetics company that offers products related to personal health screening and reproductive planning, including its Nucleus IVF+ service. IVF+ is offered to individuals undergoing in vitro fertilization and is presented as a service that uses genetic analysis to compare embryos created from the same two biological parents and assist in embryo selection.

At issue for NAD were a slideshow on the Nucleus website and an Instagram video. The slideshow opens by telling viewers, “Now you can see your future child’s health, traits, and potential — before pregnancy even begins,” then presents five embryos that “all look the same,” leaving viewers “guessing” until a doctor taps a button and “the uncertainty lifts,” allowing them to choose a path “with that clarity.” The slideshow culminates in a “Compare your embryos” chart that assigns each of the five embryos specific values for cancer, type 2 diabetes, and autism spectrum disorder risk, eye and hair color, height, and IQ. The Instagram video features Nucleus’s founder asking a woman whether she would want her baby to be “taller” or “smarter,” and, referencing “six embryos, one of them is the smartest,” whether she would pick that one.

Comparing Embryos’ Risk of Breast Cancer, Type 2 Diabetes, and Autism Spectrum Disorder

NAD determined that the slideshow conveyed that Nucleus IVF+ enables future parents to accurately compare the relative likelihood that each embryo will develop conditions such as breast cancer, type 2 diabetes, and autism spectrum disorder. Nucleus supported the claim with polygenic risk models showing average benefits from selecting lower-risk embryos, but NAD found that this evidence did not establish how accurately IVF+ could rank a full group of five embryos, or validate the percentage-point differences displayed in its advertising.

NAD recommended that Nucleus modify its advertising to avoid conveying the unsupported message that Nucleus IVF+ enables clients to accurately compare the likelihood that each embryo will develop conditions such as breast cancer, type 2 diabetes, and autism spectrum disorder.

Identifying the Lowest Cancer Risk Embryo

The slideshow also states, “You can see which embryo has the lowest risk for cancer.” NAD determined that, without specifying a particular cancer, this statement reasonably conveys that Nucleus IVF+ enables clients to accurately predict which embryo has the lowest overall risk of developing cancer. NAD also found that Nucleus’s evidence concerning specific cancer models was not a good fit for the claim and did not explain how separate cancer-specific results are combined into a single overall cancer-risk ranking.

NAD concluded that the challenged cancer-risk claim was not supported and recommended that Nucleus discontinue the claim or modify it to avoid conveying that Nucleus IVF+ enables clients to accurately predict which embryo has the lowest overall risk of developing cancer.

Eye and Hair Color

NAD determined that the specific eye- and hair-color labels on the embryo comparison chart — assigning each embryo a single definite color, such as “Green” or “Dark brown” — together with the slideshow’s preceding “guessing” to “clarity” framing, reasonably conveyed that Nucleus IVF+ can accurately determine the hair and eye color each embryo will have. NAD found that while Nucleus provided research on DNA-based predictions, that evidence was not a good fit for the implied claim and failed to show how accurately the models identify specific labels on the chart, including “Green” eyes or “Brown” or “Dark brown” hair.

NAD recommended that Nucleus modify its advertising to avoid conveying that Nucleus IVF+ can accurately determine the hair and eye color each embryo will have.

Height

NAD found that presenting specific numeric plus-or-minus inch values in the comparison chart, as well as founder statements in an Instagram video about “picking” a baby for height, reasonably conveyed that Nucleus IVF+ can accurately determine which embryo will grow up to be the tallest. NAD determined that while adult height is highly heritable, the proprietary performance measures failed to quantify the accuracy of identifying the tallest embryo in a group of five or six or validate the magnitude of specific inch differences.

Therefore, NAD recommended that Nucleus modify its advertising to avoid conveying that Nucleus IVF+ can accurately determine which embryo will grow up to be the tallest.

Intelligence

NAD determined that specific numeric IQ-point values on the embryo comparison chart and founder statements in an Instagram video about selecting the “smartest” embryo reasonably conveyed that Nucleus IVF+ can accurately determine which embryo will grow up to be the smartest, that is, have the highest IQ. NAD found that while Nucleus provided research and polygenic scores for cognitive ability, the evidence failed to establish the accuracy of identifying the highest-IQ embryo within a multi-embryo group or validate the magnitude of the specific IQ-point differences displayed.

Therefore, NAD recommended that Nucleus modify its advertising to avoid conveying that Nucleus IVF+ can accurately determine which embryo will grow up to be the smartest, that is, have the highest IQ.

During the inquiry, Nucleus voluntarily and permanently discontinued its express claim regarding seeing a future child’s health, traits, and potential prior to pregnancy. NAD will treat the discontinued claim, for compliance purposes, as though NAD recommended it be discontinued.

In its advertiser statement, Nucleus stated they “will appeal the NAD’s decision” because its “conclusions cannot be reconciled.”

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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.

New York, NY – September 10, 2026 – Following a BBB National Programs National Advertising Division Fast-Track SWIFT challenge by Project Applecart LLC, Rational 360, Inc. voluntarily discontinued claims that it has a patent on its Pinpoint Targeting technology.

Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

Applecart and Rational 360, Inc. compete in services that help clients target advertising and communications to key decision makers. Rational 360 markets its Pinpoint Targeting service. Applecart challenged the express claim that Rational 360 has a patent on Pinpoint Targeting technology along with an implied claim that it is a novel, sophisticated technology that exists, that was developed by Rational 360, and for which a patent was issued by the US Patent and Trademark Office.

During the inquiry, Rational 360 responded that it would voluntarily and permanently discontinue the challenged claims. Accordingly, NAD will treat the discontinued claims, for compliance purposes, as though NAD had recommended they be discontinued.

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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.

New York, NY – September 9, 2026 – Following a monitoring inquiry, BBB National Programs’ National Advertising Division will refer Genspark, Inc. to the Federal Trade Commission (FTC) and other appropriate regulatory agencies for review and possible enforcement action for failure to submit a substantive response to the inquiry.

As part of its routine, ongoing monitoring program, the National Advertising Division (NAD) inquired about certain express claims made by Genspark for its Genspark.ai agents that were available on its website and in the New York City subway.

Despite numerous outreach attempts, Genspark failed to respond to NAD’s inquiry and substantiate its claims. Therefore, NAD will refer the matter to the appropriate regulatory agencies, including the FTC, pursuant to Section 2.1(I)(3) of the NAD/NARB Procedures.

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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.

New York, NY – September 9, 2026 – Following a monitoring inquiry, BBB National Programs’ National Advertising Division will refer Genspark, Inc. to the Federal Trade Commission (FTC) and other appropriate regulatory agencies for review and possible enforcement action for failure to submit a substantive response to the inquiry.

As part of its routine, ongoing monitoring program, the National Advertising Division (NAD) inquired about certain express claims made by Genspark for its Genspark.ai agents that were available on its website and in the New York City subway.

Despite numerous outreach attempts, Genspark failed to respond to NAD’s inquiry and substantiate its claims. Therefore, NAD will refer the matter to the appropriate regulatory agencies, including the FTC, pursuant to Section 2.1(I)(3) of the NAD/NARB Procedures.

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. Per NAD/NARB Procedures, this release may not be used for 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 20 globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create fair competition for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in 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 creating fair competition for business.