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National Advertising Division Refers Claims for Spectrum Home Internet Service to Regulatory Authorities for Further Review

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New York, NY – March 21, 2024 – BBB National Programs’ National Advertising Division has referred advertising claims made by Charter Communications Inc. for its Spectrum home internet service to the Federal Trade Commission (FTC) and other regulatory authorities for review after Charter declined to participate in the industry self-regulation process.

The claims at issue were challenged by T-Mobile US, Inc. in two separate National Advertising Division (NAD) challenges. Both challenges outlined below alleged that advertising for Charter’s Spectrum home internet service falsely denigrated T-Mobile’s competing 5G Home Internet Service (T-HINT).

  • In a Fast-Track SWIFT challenge, an expedited process designed for single-issue advertising cases, T-Mobile alleged that Charter’s claim that T-HINT is “Cell Phone Internet” is expressly false because T-HINT is not the same as internet service on current cellular phones and because T-HINT is a dedicated home internet service. Charter argued that the challenge should not proceed in Fast-Track SWIFT and that it should be consolidated with another pending challenge. NAD determined that the challenge could proceed.
  • In another challenge, T-Mobile argued that Charter’s “Walls” commercial, which aired during the broadcast of Super Bowl LVIII in February 2024, included the unsupported implied claim that T-HINT is too slow to use because it is “blocked” by a home’s walls. T-Mobile argued that this claim greatly overstates T-HINT’s actual limitations.

The challenged claims appeared on the Spectrum website, in a television commercial, on YouTube, and on social media.

Considering Charter’s decision not to participate in the NAD self-regulatory process with respect to these claims, NAD has referred the matter to the FTC and other regulatory authorities for review and possible enforcement action. NAD will also ask social media platforms to review the challenged advertising to determine if it is consistent with platform advertising standards or policies.

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: BBB National Programs’ National Advertising Division 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

Click Here to Visit Our Website

Following National Advertising Division Challenge, NourishMax Voluntarily Discontinues Certain Claims for its Diamond Infused Eye Cream

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New York, NY – March 21, 2024 – Following a challenge brought by BBB National Programs’ National Advertising Division as part of its routine monitoring program, NourishMax discontinued certain advertising claims used to promote its NourishMax Diamond Infused Eye Cream.

The National Advertising Division (NAD) challenged the claims:

  • “After researching and testing hundreds of eye cream products, we kept coming back to NourishMax Diamond Infused Eye Cream. This top pick features a comprehensive list of hard-hitting ingredients that target every eye concern, from dark circles, fine lines, wrinkles, and puffiness to telltale signs of aging like crow’s feet.”
    • Overall Rating (4.9)
    • Quality Rating: 10/10
    • Expert Rating: 9.9/10
    • Users Rating: 9.8/10

NAD also challenged the implied claim that the Skincarebrandsreviews webpage featuring these claims reflects independent, honest opinions of the reviewers.

NourishMax informed NAD that it permanently discontinued the challenged claims and that the Skincarebrandsreviews webpage would be taken down. 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.

NAD appreciated NourishMax’s action given concerns about review websites that appear to be independent but are, in fact, controlled by advertisers and thereby constitute advertising.

NourishMax declined to provide an advertiser’s statement given the case disposition.

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: BBB National Programs’ 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. 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

Click Here to Visit Our Website

Partners Provides Therapy Dog to Lincoln County’s Asbury Academy

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Principal Mark Grega, N.C. House Speaker Tim Moore, Bernie, N.C. State Senator W. Ted Alexander, Guidance Counselor Alyson Spencer (Bernie’s handler) and N.C. State Rep. Jason Saine.

 

LINCOLNTON, N.C., MARCH 20, 2024 – Partners Health Management joined Asbury Academy, Lincoln County Schools and local legislators Wednesday morning in welcoming Bernie (the therapy dog) to the school to provide ongoing healing, comfort and support to students alongside human guidance counselors. 

Partners was able to provide Bernie to Asbury Academy using funding from the federal Child Mental Health Block Grant. An 18-month-old Bernedoodle, Bernie was specially trained to provide support to students. 

“I am encouraged that Partners is employing community service block grant funds to address the ongoing mental health concerns in our area, particularly with our children,” said N.C. House Speaker Tim Moore. “This investment will play a crucial role in our community, using creative tools to meet pressing mental health needs.”

Asbury Academy Principal Mark Grega said studies have shown that there are benefits to having a therapy dog in schools for all students but especially for special needs students. “These dogs are great listeners that don’t make any judgments, help students feel connected and build confidence, reduce anxiety, and help to quickly de-escalate students during emotionally challenging times,” Grega said.

Students also can receive cognitive benefits from reading to Bernie and learn responsibility by helping to bathe, brush, feed and take Bernie out for potty breaks during school, Grega said. 

“Overall, it’s a tremendous benefit to have such a dog in our alternative school setting and we anticipate students will have more opportunities to practice their social skills, their communication skills and see improvement in anxiety, depression and other mental health issues,” Grega said. 

Holly Wall, Partners Regional Director of Community Operations, said Partners is happy to be able to provide a therapy dog to the school. “Bernie has the chance to make a real difference for the kids at Asbury Academy and that is why we wanted to make this happen. Our hope is that Bernie will have a lasting, positive impact on student mental health.”

N.C. State Senator W. Ted Alexander and N.C. State Rep. Jason Saine, both of whom represent Lincoln County, met Bernie and talked with students and staff at Asbury Academy Wednesday. 

“We know intuitively that dogs bring a lot of peace to us. It is great the schools can integrate service animals into what they do to bring some much-needed tranquility to students,” Rep. Saine said. “Bernie will be wonderful addition to the team in service of the kids at Asbury.”

Senator Alexander agreed. “Supporting our young people is important for the health and future of our communities. Bernie seems like he is up to the task, and I am so glad he’s here to support these students.” 

The Lincolnton community is helping with Bernie’s care. When he is not working, Bernie will stay with Asbury Academy Guidance Counselor Alyson Spencer and her family. The Grooming Lady of Lincolnton has offered free grooming services to keep Bernie looking sharp for school. DocTerra Mobile Veterinary Services of Lincolnton will provide free veterinary services. 

Andy Hanellin of Dogs by Andy Kennel & Training Center in Mooresville, N.C., trained Bernie for his new job.

To learn more about Partners, visit our website at www.partnersbhm.org

 

Bernie meeting Lincoln County Board of Education Vice Chairperson Christina Sutton.

 

ABOUT PARTNERS 

Partners Health Management is a leading local managed care organization (LME/MCO), providing access to care for central and western North Carolina’s most vulnerable citizens. Partners manages all Medicaid, state and local funding for intellectual/developmental disabilities, mental health and substance use disorder (IDD/MH/SUD) services in our covered areas. 

We are recognized across North Carolina for our Partners Community Model and unwavering commitment to the counties and the families we serve. Through our steadfast community focus and longstanding partnerships with local stakeholders, agencies and elected officials, our members receive the care and support they need. 

Contact Information

Name: Karen Cimino
Email: kcimino@partnersbhm.org
Job Title: Digital Media Specialist

Click Here to Visit Our Website

Following National Advertising Division Challenge, Mobile Fox Voluntarily Discontinues Certain Claims for Solitaire Arena Game

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New York, NY – March 19, 2024 – Following a challenge brought by the BBB National Programs National Advertising Division as part of its routine monitoring program, Mobile Fox Limited discontinued certain advertising claims promoting its Solitaire Arena mobile app game.

The National Advertising Division (NAD) challenged the claims:

  • “Play for 1 hour – You get $200”;
  • “You can use it to pay your own rents” [sic]; and
  • The implied claim that Solitaire Arena players will typically earn large amounts of money in a short period of time.

Mobile Fox informed NAD that it permanently discontinued the challenged claims. 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, Mobile Fox stated that it appreciates “the NAD’s thorough review and opportunities to modify our advertising to ensure it aligns with regulations and best practices” and that “[c]ompliance with established guidelines will be a top priority as we continue bringing our products and services to market responsibly.”

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: BBB National Programs’ National Advertising Division 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

Click Here to Visit Our Website

Following National Advertising Division Challenge, Ginger Health Voluntarily Modifies or Discontinues Certain Wonderbelly Antacids Claims

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New York, NY – March 14, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by Haleon, plc, Ginger Health Company (Wonderbelly) voluntarily modified certain claims for its Wonderbelly Antacids, including:

  • Modification of its influencer practices to add #ad #WonderbellyPartner to the beginning of each influencer post;
  • Requiring its influencers to include a verbal notice of their partnership with Wonderbelly in any video influencer material; and
  • Modification of its advertising (particularly in connection with the retelling of its origin story) to avoid conveying the message that either TUMS or talc causes cancer or are otherwise harmful.

 

Wonderbelly also informed the National Advertising Division (NAD) that it voluntarily agreed to discontinue certain other challenged claims and, therefore, NAD did not review these claims on their merits. NAD will treat the modified and discontinued claims, for compliance purposes, as though NAD recommended they be modified or discontinued.

Further, Haleon challenged a social media post by Demi Moore in which she stated that her promotion of Wonderbelly was “not an ad” and failed to disclose that she is an investor in the brand. In addition to other modifications Wonderbelly is making, NAD recommended that Wonderbelly discontinue the “not an ad” language.

NAD also recommended that when reposting influencer content, Wonderbelly clearly and conspicuously disclose that the influencers have a material connection to Wonderbelly.

NAD determined that the following Wonderbelly claims did not convey a misleading message:

  • “Free from talc, dyes, artificial sweeteners, parabens and genetically modified ingredients”; and
  • “Wonderbelly is committed to happy bellies,” is “belly quelling,” ensures “no more bad belly,” and pictures of a stomach.

 

NAD also concluded that the challenged advertising does not convey the implied messages that Wonderbelly Antacids provide relief to the stomach (except in connection with heartburn relief, as indicated on its label) and that Wonderbelly Antacids treat most, if not all, common stomach issues.

In its advertiser statement, Wonderbelly stated that it “will abide by the recommendations made by NAD” and “appreciates NAD’s guidance in supplying complete and effective disclosure to customers.”

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

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

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

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

Click Here to Visit Our Website

LexisNexis® Future of Work Report Reveals Positive Stance in Acceptance and Adoption of Generative AI Among Organizations and Professionals

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

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

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

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

Additional insights and findings show:

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

Trust in GenAI Dependent on Accuracy of Output and Transparency

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

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

About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,800 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

Contact Information

Name: Leela Bozonelis
Email: leela.bozonelis@lexisnexis.com
Job Title: Global Product Marketing Director

Click Here to Visit Our Website

IMS Legal Strategies Welcomes Juris Medicus

Posted on by Operations Team

PENSACOLA, FL | IMS Legal Strategies, the award-winning professional services firm specializing in litigation consulting and expert witness placement, announced today that Juris Medicus will begin using the co-branded name, IMS Legal Strategies | Juris Medicus. The San Antonio-based medical expert sourcing provider merged with IMS, uniting their complementary expert witness services to support clients in cases that include complex medical issues.

“Our mission at IMS is to always listen to our clients and find ways to address their needs through innovation and best-in-class talent and methodology. This approach motivated us in 2022 to partner with the talented team at Juris Medicus to provide exceptional service to our clients with their cases requiring medical expertise. Since then, we have been diligently working behind the scenes on integration with Juris Medicus to enhance and align our service lines and brands. Together, we offer unparalleled resources and methodologies to secure the precise medical expertise and testimony our clients need to bolster their cases,” said IMS Chief Executive Officer James Crane.

IMS covers a comprehensive range of expert witness services, including a renowned custom search process for independent experts within all subject matters and staff experts specializing in data science, statistics, finance, and economics. Juris Medicus adds an expansive expert panel to the mix with more than 450 experts spanning 85+ medical specialties and subspecialties.

As the industry’s only fully integrated litigation consulting team, IMS is the leading provider of dispute resolution services across the entire lifecycle of high-stakes disputes. In addition to expert witness placement, advisory services include jury and trial consulting, visual advocacy, and presentation technology. The IMS footprint extends coast-to-coast in the US, with a foothold in the UK to offer its services worldwide.

About IMS Legal Strategies

IMS Legal Strategies is a professional services firm that partners with the most influential global law firms and corporations to elevate their legal strategies. Through every stage of dispute resolution, IMS provides the full suite of sophisticated advisory services lawyers need to prevail—world-class expert witness placement, specialized litigation consulting, cutting-edge visual advocacy, and flawless presentation delivery using state-of-the-art technology.

Whether identifying expert witnesses from any industry and discipline, developing themes and demonstratives, preparing witnesses for depositions and hearings, conducting focus groups and mock trials, or guiding jury selection and voir dire, we work collaboratively with our law firm partners to strengthen their cases. IMS offers a fully integrated international team with decades of practical experience in more than 45,000 cases and 6,500 trials. Our trusted expertise is hard-earned. Together, we win. Visit imslegal.com for more.

Contact Information

Name: Lauren Fay
Email: press@imslegal.com
Job Title: Senior Communications Manager

Click Here to Visit Our Website

ICNA Relief Will Serve 25,000 Families Nationwide During The Month of Ramadan

Posted on by Operations Team

The Ramadan Food Box distribution program seeks to address food insecurity and provide community members with spiritually fulfilling foods during the month of fasting.

(New Hyde Park, NY, 03/08/2024) – On Friday, March 8th, ICNA Relief a major muslim organization will begin its Ramadan. Food Box distribution across its network of 50+ food pantries in 42 states, reaching over 25,000 families. Ramadan, the month of fasting observed by Muslims worldwide, starts on the evening of Sunday, March 10th.

With the cost of groceries skyrocketing nationwide, many families are facing moderate to severe rates of food insecurity, and evermore so Supplemental Nutrition Assistance Program (SNAP)  benefits not keeping up with inflation.

Access to nutritious food is a basic human right, yet more and more American families are struggling to put food on the table. For individuals who observe halal, the challenge is to find culturally important foods that meet their faith-based dietary guidelines.

Research shows that there is a lack of access to halal options at food pantries, even in cities with a significant Muslim population, in major metropolitan areas such as New York City, Chicago, Dallas, Houston, Atlanta, Detroit and Los Angeles to name a few.

ICNA Relief is committed to addressing this gap and meeting the ongoing needs of members of the Muslim community and beyond by raising awareness of food and nutrition insecurity and its implications.

The Food Box distribution will serve low-income, refugees, migrants, and other families in need during the upcoming month of fasting. The food boxes will include staple pantry items such as rice, flour, oil, and specialty foods traditionally consumed during Ramadan. The distribution is made possible through food and monetary donations from local communities across the U.S. 

“Ramadan is a special time of year for Muslims, encouraging increased self-awareness, righteousness, and empathy so we can be more responsive to the needs of our neighbors,” says Zahid Hussain, Director of Hunger Prevention. “Currently, many families are struggling to put food on the table due to record high inflation, and we want to ensure that they have access to the culturally appropriate and spiritually fulfilling foods that they need to open their fasts. None of this is possible without our partners, volunteers, and donors, and we are very grateful to have them by our side.”

About ICNA Relief

ICNA Relief is a national domestic relief and faith-based organization that is part of the Islamic Circle of North America. With thousands of trained volunteers nationwide ready to help in times of need, ICNA Relief’s mission is to serve the community at large through social service programs such as disaster relief and transitional housing for women and children. For more information about ICNA Relief’s efforts, visit www.icnarelief.org. ICNA Relief USA is headquartered at 1529 Jericho Turnpike, New Hyde Park, NY 11040.

For questions or interview requests, please contact Zahid Hussain, Director of Hunger Prevention: 214-298-5857, zhussain@icnarelief.org.

Contact Information

Name: Zahid Hussain
Email: zhussain@icnarelief.org
Job Title: Director of Hunger Prevention:

Click Here to Visit Our Website

National Advertising Division Finds Certain Claims for Biossance Skincare Products Supported; Recommends Amyris Clean Beauty Modify or Discontinue Others

Posted on by Operations Team

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

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

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

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

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

Clean Ingredients Claim

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

Sustainability Claims

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

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

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

Efficacy Claim

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

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

In its advertiser statement, Biossance stated that it “will comply with NAD’s recommendations” although it disagrees with certain aspects of the decision.

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

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

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

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

Click Here to Visit Our Website

In Reopened Case, National Advertising Division Recommends Dakota Nutrition Discontinue Certain Dietary Supplement Claims

Posted on by Operations Team

New York, NY – March 6, 2024 – In a reopened case arising from an advertiser petition of a 2022 decision, BBB National Programs’ National Advertising Division recommended that Dakota Nutrition, Inc. discontinue challenged express and implied claims that its Extra Strength Elderberry 3-in-1 Immune Booster Capsules, Extra Strength Elderberry Gummies, and Immune Defense 7-in-1 Immune Booster Capsules (Elderberry Supplements) contain the ingredient elderberry.

The claims at issue, which appeared on Dakota’s website, Amazon product pages, and on product labels were challenged by Nature’s Way Brands, LLC.

In a 2022 challenge brought by Nature’s Way, the National Advertising Division (NAD) determined that Dakota did not have a reasonable basis for the challenged claims that its Elderberry Supplements contain elderberry, and noted that Dakota did not submit any support for the claims that elderberries are antioxidants or that they contain certain amounts of antioxidants.

Therefore, NAD recommended that Dakota discontinue all challenged claims that relate to the presence and quantity of elderberry in its Elderberry Supplements. Based on NAD’s recommendation, Dakota agreed to discontinue the claims.

In 2023, NAD granted Dakota’s petition to reopen the decision, pursuant to NAD Procedures, based on a new expert report as well as new testing on the raw material used in Dakota’s Elderberry Supplements.

After reviewing this new evidence, NAD concluded that it did not provide a reasonable basis to support Dakota’s advertising that its Elderberry Supplements contain European Elderberry and recommended that Dakota discontinue the challenged claims, including:

  • “elderberry capsules,”
  • “elderberry gummies,“
  • “black elderberry extract (150mg),”
  • “150mg elderberry per serving,”
  • “150mg of Black Elderberry,”
  • “150mg of Sambucus Nigra Extract,”
  • “elderberries are very high in antioxidants,” and
  • “extra strength antioxidant.”

In its advertiser statement for the reopened case, Dakota stated that it “has previously discontinued the sale of its elderberry products, and therefore agrees to continue to comply with NAD’s recommendation” while noting that it “strongly disagrees with NAD’s conclusion” that the new evidence “does not satisfy the reasonable basis standard.”

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

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