Category: Extended Distribution

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

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

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

Sponsored Videos  

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

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

Product Promotion Videos

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

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

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

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

Independent Content  

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

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

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. 

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

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org. 

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

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

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

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

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

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

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

Market Superiority Claims

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

Monadic Performance Claims

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

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

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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

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

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

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

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

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

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.

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

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

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

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

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

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

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

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

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

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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

New York, NY – May 15, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by competitor Vesync Corporation, Antadi LLC d/b/a Aroeve Direct voluntarily discontinued certain claims for its HEPA air purifiers.

Vesync challenged claims that certain models of Aroeve’s air purifiers and replacement filters are compliant with HEPA and/or H13 standards and that they are listed at a discounted “bargain” price.

In response to the challenge, Aroeve stated that it would permanently discontinue the challenged claims for business reasons unrelated to this challenge.

Aroeve informed the National Advertising Division (NAD) that prior to the challenge it had begun an internal review of its third-party testing and consumer sales data as part of an ongoing periodic refresh of its marketing materials. Aroeve represented that no new advertising claims similar to the challenged claims are being introduced to the marketplace and confirmed that existing claims similar to the challenged claims are in the process of being removed.

Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

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

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.  

 

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

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