New York, NY – June 13, 2024 – In a challenge brought by Genomic Health, Inc., a wholly owned subsidiary of Exact Sciences Corporation (GHI), BBB National Programs’ National Advertising Division recommended that Agendia, Inc. modify or discontinue certain claims regarding the superiority of its MammaPrint and BluePrint tests for black women, including claims that GHI’s Oncotype DX test is inappropriate for black women and that it is biased, inaccurate, and inconsistent.
GHI’s Oncotype DX test and Agendia’s MammaPrint and BluePrint genomic tests assess the risk of breast cancer recurrence in early-stage breast cancer patients.
The challenged claims appeared in sponsored advertising content, in posts on all major social media platforms, and on the Agendia website. Agendia’s advertisements are provided to doctors, other medical professionals, breast cancer patients, and caregivers.
Equality of Care/Bias Claims
GHI challenged a two-sided postcard distributed to healthcare professionals with the headline that Agendia and its tests provide “EQUAL CARE FOR ALL” and that “Agendia is committed to addressing racial disparities in breast cancer,” followed by claims including:
- “Black women are more likely to die from breast cancer than white”
- “Only MammaPrint & BluePrint results can identify higher risk ER+ tumors in black women”
- “Agendia’s test provide consistent results in black women as well as in other diverse groups of patients”
- “Oncotype DX Breast RS test has lower prognostic accuracy in Black women”
The bottom of the postcard says, “Not all Genomic Tests are Created Equal.”
The other side of the postcard shows a comparative chart between the “MammaPrint & BluePrint” vs. “Onctoype DX” and a series of checkmarks indicating differences between the tests. The chart concludes with the claim “EQUAL CARE FOR ALL” checked “yes” for MammaPrint & BluePrint, with no checkmark for Oncotype DX.
The National Advertising Division (NAD) determined that at least one message reasonably conveyed by this advertisement and comparative chart is that GHI does not want equal care for all, a message not supported by the evidence in the record.
Further, NAD concluded that Agendia’s evidence does not provide a reasonable basis for the claim that the Onctoype DX test is biased (along with the negative connotation implied by the word “bias”) and that the MammaPrint test has uncovered this bias.
Therefore, NAD recommended Agendia either discontinue these claims or modify its advertising to avoid conveying the falsely disparaging messages that GHI does not want equal care for all and that its Onctoype DX test is biased.
Superiority/Singularity for Tumor Identification Claims
The National Advertising Division (NAD) determined that Agendia’s evidence does not provide a reasonable basis for the overly broad message conveyed by the claim “Only MammaPrint & BluePrint results can identify higher risk ER+ tumors in black women,” which appeared on the postcard. Therefore, NAD recommended that Agendia either discontinue the claim or modify it to more accurately reflect the underlying support.
Accuracy of Test Results/Inconsistent Results Claims
The National Advertising Division (NAD) recommended Agendia discontinue claims that MammaPrint results provide “more accurate predictions” because the evidence does not support that it is “more” accurate than either prior or competing tests and because the test is not cleared or indicated as a predictive test.
GHI also challenged several claims questioning the reliability of Oncotype DX, a test that Agendia characterized as having lower accuracy in black women and inconsistent results.
NAD determined that the studies Agendia relied on are not a good fit for claims that broadly communicate that Onctotype DX has lower prognostic accuracy or worse outcomes for black women.
Therefore, NAD recommended Agendia discontinue the challenged claims or modify its advertising to avoid conveying the overly broad message that Oncotype DX has lower prognostic accuracy and provides less consistent results for black women than MammaPrint and BluePrint. NAD noted that nothing in its decision prevents Agendia from accurately communicating the results of the studies in a more narrowly tailored manner.
Worse Outcomes for Black Women Claims
The National Advertising Division (NAD) recommended that Agendia discontinue claims that attribute worse outcomes for black women with the same Oncotype DX test results as white women or modify the claims to avoid conveying such a message.
Material Connection Disclosures
GHI asserted that Agendia posted articles published by Hit Consultant and Stat News featuring Dr. Johnson’s opinions on MammaPrint and Oncotype tests on social media that do not include the material connection disclosures required by the FTC’s Guides Concerning Use of Endorsements and Testimonials in Advertising. Since Agendia confirmed that it does not have a relationship, paid or otherwise, with Dr. Johnson, Stat News, or Hit Consultant, the National Advertising Division (NAD) determined there are no material connection disclosures required on the challenged posts.
In its advertiser statement, Agendia stated that it will comply with NAD’s recommendations although it “respectfully disagrees with NAD regarding both the interpretation of and the substantiation for Agendia’s advertising” and “has no current plans to resume the challenged claims.”
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
LexisNexis launches Lexis+ AI to the UK legal market
Grounded on LexisNexis’ vast legal research and practical guidance content, following a successful preview, Lexis+ AI is now commercially available in the UK, delivering fully encrypted, secure interactions with accurate results in seconds.
LONDON, 13th June 2024 – LexisNexis® Legal & Professional, a leading global provider of legal information and analytics, today announced that Lexis+ AI is now generally available for UK customers. This follows the successful commercial launches of Lexis+ AI in both the USA and Australia.
Lexis+ AI delivers trusted results in a familiar, easy-to-use interface that combines the power of generative AI with proprietary search technology. Lexis+ AI answers are grounded in one of the world’s largest repositories of reliable and exclusive legal content from LexisNexis, including primary, secondary, analytical content and expansive Practical Guidance modules.
Lexis+ AI provides direct links in its responses to the underlying citable authority. This allows users to instantly validate results, reducing the risk of invented content, or hallucinations. Lexis+ AI automatically checks all linked citations against LexisNexis’ content to ensure they are valid.
Developed with input from leading global law firms such as Macfarlanes, Eversheds Sutherland (International), Pinsent Masons and CMS UK, Lexis+ AI has been built to meet the day-to-day needs of lawyers. Eleanor Windsor, Partner, Director of Knowledge Management, at Irwin Mitchell commented “we selected Lexis+ AI as it is the most advanced legally-trained AI solution on the market. It will enable us to maximise the value of the legal intelligence we already access from LexisNexis.”
The solution’s AI capabilities were built internally at LexisNexis with world-leading tech partnerships, enabling the company to rapidly introduce new features and technology and provide customers with a seamlessly integrated experience across the LexisNexis ecosystem.
Lexis+ AI features conversational search, intelligent legal drafting, insightful summarisation, and document upload capabilities, all supported by state-of-the-art encryption and privacy technology to keep sensitive data secure:
- Conversational search simplifies complex and time-consuming legal research by enabling users to conversationally interact with Lexis+ AI, explore new insights, and ask for adjusted and refined output.
- Document drafting instantly produces contract clauses and client communications from a simple user prompt.
- Summarisation functionality delivers case summaries in seconds with more content and capabilities coming soon.
- Document upload capabilities enable users to rapidly analyse, summarise and extract key insights from legal documents.
Lexis+ AI offers industry-leading data security and attention to privacy. Uploaded documents are always purged at the end of each session and users can easily manage or delete their prompt conversation history. The solution is continually improving, with LexisNexis legal subject matter experts regularly sampling hundreds of thousands of AI generated answers, to tune and educate the model. LexisNexis employs over 2,000 technologists, data scientists and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, accurate information.
“This is a pivotal moment in the history of the UK legal industry. We are delighted to deliver a generative AI solution that will safely and securely enable our customers’ success,” said Gerry Duffy, Managing Director of LexisNexis UK. “We have had unprecedented levels of interest in Lexis+ AI from our market and as of today, many of our customers will be enjoying the competitive advantage of having access to our rich and authoritative content combined with our leading AI technology”.
LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of FTSE listed RELX, follows the RELX Responsible AI Principles. These require the business to consider the real-world impact of its solutions on people and to take proactive action to prevent the creation or reinforcement of unfair bias.
For more information on Lexis+ AI or for a demo visit www.lexisnexis.co.uk/lexis-plus/lexis-plus-ai.html
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.
Media Contact
Matthew Leopold
Head of Communications
LexisNexis
Matthew.Leopold@lexisnexis.co.uk
+447788435569
Following National Advertising Division Challenge, Perfect Play Voluntarily Discontinues Earnings Claim for Solitaire Smash Mobile App Game
New York, NY – June 12, 2024 – Following a challenge brought by BBB National Programs’ National Advertising Division as part of its routine monitoring program, Perfect Play Ltd. voluntarily discontinued the claim that consumers can win significant amounts of money by playing its Solitaire Smash mobile app game.
The National Advertising Division’s (NAD) monitoring program focuses on, among other things, advertising to vulnerable consumers. At issue is the claim “During the day I work at the bookstore, but at night I play Solitaire Smash tournaments. [I earn] $140,000 a year.” NAD’s inquiry focused on claims that imply that individuals who play Solitaire Smash can typically earn a significant amount of money akin to a supplemental salary.
In response to the challenge, Perfect Play stated that all challenged claims were permanently discontinued and that it has appointed a compliance officer responsible for monitoring advertising going forward. 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, Perfect Play stated that it “appreciates NAD bringing this matter to its attention and is pleased to have resolved NAD’s concerns.”
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
National Advertising Division Recommends Telecom Business Solutions Modify its AI-Pro Advertising to Avoid Confusion with ChatGPT and OpenAI
New York, NY – June 11, 2024 – BBB National Programs’ National Advertising Division recommended, as part of its routine monitoring program, that Telecom Business Solutions, Inc. d/b/a AI-Pro.org, modify its AI-Pro advertising, which uses the terms “ChatGPT” and “GPT4,” to avoid confusion about the nature of AI-Pro’s products and services and its relationship with OpenAI.
AI-Pro is not OpenAI but utilizes OpenAI’s ChatGPT 3.5 and ChatGPT 4.0 technology through application programming interfaces (APIs). By integrating OpenAI’s technology into some of AI-Pro’s applications, AI-Pro provides users access to OpenAI’s ChatGPT.
During the proceeding, AI-Pro agreed to voluntarily modify the challenged express claims. NAD determined that AI-Pro’s modified claim “Powered by OpenAI,” “Powered by ChatGPT Technology,” accompanied by the disclosure “Independently developed and not affiliated, endorsed, or sponsored by OpenAI” makes clear that AI-Pro uses ChatGPT technology in its product offerings and is not ChatGPT.
However, NAD found that in contexts without the disclosure, or in which the disclosures are not clear and conspicuous, consumers can reasonably take away the message that AI-Pro’s product or service is ChatGPT or is affiliated with OpenAI.
Therefore, NAD recommended that:
- The disclosure “AI-PRO is Powered by OpenAI. We are not affiliated nor related to OpenAI” be clear and conspicuous, or
- That the advertising otherwise make clear that AI-Pro provides applications built on OpenAI and ChatGPT and that its APIs are not the same as or provided by OpenAI or ChatGPT.
In its advertiser statement, Telecom Business Solutions stated that it agrees to comply with NAD’s recommendations and noted that “while it has made some modifications, it will make additional ones in accordance with the NAD 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
National Advertising Division Finds Certain Claims for Early Defense Dietary Supplement Supported; Recommends Others be Modified or Discontinued
New York, NY – June 6, 2024 – In a challenge brought by MacuHealth LP, BBB National Programs’ National Advertising Division determined that Vision Elements, Inc. substantiated shelf-life stability and safety claims for its Early Defense dietary supplement.
However, the National Advertising Division (NAD) recommended that other challenged claims be discontinued or modified.
Vision Element’s Early Defense product contains a triple carotenoid formula as its active ingredient, along with other excipients, and is marketed to support healthy eyesight.
Published Studies Claim
The National Advertising Division (NAD) determined that one reasonable takeaway from Vision Element’s claim “Science-Driven Formulas developed from peer-reviewed, published studies” is that Early Defense’s formula is the same as that tested in peer reviewed published studies.
Since there was no evidence in the record that Early Defense’s formula has been the subject of peer-reviewed published studies, NAD recommended the claim be discontinued. NAD noted that nothing in its decision prevents Vision Elements from claiming that the ingredients were developed from peer-reviewed published studies provided that the claim is properly substantiated.
Performance Claims
The National Advertising Division (NAD) concluded that there was no evidence to support the challenged claim that Early Defense “helps maintain healthy eyesight and visual performance” because the studies and meta-analysis relied on by the advertiser were not conducted on the Early Defense product. Therefore, NAD recommended the claim be discontinued but noted that nothing in its decision prevents Vision Elements from tailoring its claims to the benefits specific ingredients in Early Defense can provide, as long as the claims are substantiated by competent and reliable scientific evidence.
NAD also recommended that Vision Elements remove the patient testimonial from its website stating, “I have been taking Early Defense capsules since January… I have great clarity, contrast and colour tone” due to a lack of evidence in the record.
Bioavailability and Absorption Claims
MacuHealth challenged the claim “Liquid-Filled Hard Capsules: Advanced encapsulation technology helps protect the carotenoids through shelf-life and aid absorption.”
The National Advertising Division (NAD) found Vision Element’s evidence shows that liquid-filled hard capsules are generally accepted by scientists to help maintain a product’s shelf-life stability without impacting absorption. Therefore, NAD determined that Vision Elements has a reasonable basis for the claim “Liquid-Filled Hard Capsules: Advanced encapsulation technology helps protect the carotenoids through shelf-life” but recommended it modify the portion of the claim that the technology will “aid absorption” to better fit the evidence.
NAD concluded the claim that “Vision Elements liquid-filled capsules naturally enhance carotenoid absorption and bioavailability with a combination of olive oil and non-GMO sunflower lecithin” is not supported by the record and recommended it be discontinued.
Shelf-Life Stability & Safety Claims
The National Advertising Division (NAD) found that testing of the Early Defense product for harmful substances, the FDA’s Generally Recognized As Safe (GRAS) information on individual ingredients and product testing on Early Defense for potency, even after the product is on shelves, is enough to constitute competent and reliable scientific evidence that multiple tests are conducted to assess for safety and potency.
Therefore, NAD found that Vision Elements substantiated claims that:
- “Purity content and shelf-life stability are proven over and again through extensive ongoing quality control testing”; and
- “Multiple tests are performed throughout the production process to ensure safety and potency.”
In its advertiser statement, Vision Elements stated that it agrees to comply with NAD’s recommendations although it respectfully disagrees with certain of NAD’s conclusions.
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
Following National Advertising Division Challenge, Summus Medical Laser Voluntarily Discontinues Certain Claims
New York, NY – June 4, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by competitor Multi Radiance Medical, Summus Medical Laser voluntarily discontinued certain claims for its Medical Laser product.
Multi Radiance Medical challenged claims that it argued were outside the indications allowed by the Food and Drug Administration (FDA) for devices registered under product code ILY for temporary relief of minor muscle and joint pain, arthritis, and muscle spasms, relieving stiffness, promoting relaxation of muscle tissue, and to temporarily increase local blood circulation where heat is indicated.
In response to the challenge, Summus stated that it is permanently discontinuing the challenged claims. Therefore, the National Advertising Division (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, Summus stated that 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
LexisNexis to Acquire Document Drafting Tech Provider Henchman
Acquisition will combine Henchman’s Document Management System data enrichment with trusted LexisNexis drafting guidance content to deliver personalized generative AI experience
NEW YORK, June 3, 2024 – LexisNexis Legal & Professional®, a leading global provider of information and analytics, today announced it has agreed to acquire Henchman, a legal tech company that enriches data from Document Management Systems (DMS) for faster document drafting. Henchman is a Belgium-based company, founded in 2020, with 170+ legal and corporate customers globally including top U.S. and European law firms and companies.
By acquiring Henchman, LexisNexis will deliver personalized generative AI solutions to customers around the world. Henchman core product functionality will be available to existing and new customers. LexisNexis has immediate plans to utilize Henchman’s technology with its proprietary Retrieval Augmented Generation 2.0 (RAG 2.0) platform in its flagship Lexis+ AI solution, enabling the use of trusted customer data as grounding data for generative AI drafting. Henchman’s capabilities will also be added to Lexis® Create, the Microsoft 365 add-in solution that enables point-of-workflow integration for generative AI drafting in Microsoft Word, Outlook, Teams and Copilot.
Henchman is used by leading law firms and corporations to enrich internal work product, creating a layer of intelligence on contract databases to accelerate drafting tasks.
Henchman interacts with the DMS of a law firm or corporation, indexing the organization’s precedent documents at the clause level, making the data available for contract insights and drafting. Its technology works with legal-specific DMS providers and general enterprise content management systems and is language agnostic. Henchman’s technology incorporates security and conflict settings that mirror document permissions within the DMS, preserving firm confidentiality and privacy requirements. These benefits are available to customers in days, not months, from deployment of the technology.
Advanced technology processes allow a customer to quickly find key insights from internal data repositories. LexisNexis will incorporate this enhanced document enrichment capability to deliver new generative AI drafting solutions.
“This is an exciting moment for our customers and the LexisNexis and Henchman teams,” said Mike Walsh, CEO, LexisNexis Legal & Professional. “We’re continuously engaging with customers to determine where AI can deliver the most value. Now, we’ll be able to address one of our legal customers’ top requests – to have searchable internal firm data, combined with our current drafting and AI offerings, allowing legal professionals to rapidly extract language and insights, and generate higher quality work using both internal data and LexisNexis solutions together.”
Henchman Co-Founder Gilles Mattelin added, “We see this union with LexisNexis as an extension of our drafting vision to proactively surface valuable and strategic insights for customers – delivering a center of knowledge to legal teams. We believe the combination of our teams and tech will empower customers to make informed decisions faster, generate outstanding work, and drive economic value for their organizations.”
Closing of the transaction is subject to customary regulatory consents and is expected early in the second half of 2024. The terms of the transaction have not been disclosed.
LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias.
Lexis+ AI delivers trusted results with state-of-the-art encryption and privacy technology to keep data secure. Using an extensively enhanced LexisNexis proprietary RAG 2.0 platform, Lexis+ AI responses are grounded in the world’s largest repository of up-to-date legal content which ensures the highest-quality answer with the most up-to-date validated citation references. Uploaded documents are always purged at the end of each session and users can easily manage or delete their prompt conversation history. The solution is continually improving with hundreds of thousands of rated answer samples by LexisNexis legal subject matter experts used for model tuning. LexisNexis employs over 2,000 technologists, data scientists, and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, authoritative information.
For more information on Lexis+ AI and our generative AI resources for legal professionals, visit www.lexisnexis.com/ai.
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.
Media Contact
Dana Greenstein
Director of Communications, North America & UK
LexisNexis Legal & Professional
212-448-2163
dana.greenstein@lexisnexis.com
National Advertising Division Refers TWiiSH to the Federal Trade Commission for Review
New York, NY – May 30, 2024 – BBB National Programs’ National Advertising Division has referred TWiish advertising claims and influencer practices for their “Peachy Clean” and “Zit Ain’t Cute” products to the Federal Trade Commission (FTC) after the company failed to provide a substantive response to the National Advertising Division’s (NAD) inquiry.
Twiish is a skincare company targeting teenagers. The following are representative of the claims that served as the basis for this inquiry.
Express Claims
- “The secret to clear, bump-free skin is TWiiSH”
- Peachy Clean and Zit Ain’t Cute use “powerhouse ingredients such as salicylic acid and colloidal silver” that “effectively tackle pimples without stripping or drying out your skin”
- “TWiiSH formulas meet an extra level of scientific validity making them friendly for adolescent skin types when analyzed for overarching pediatric dermatology criteria”
Implied Claim
- TWiiSH has been tested on/is safe for adolescent skin.
Influencer Practices
- Influencers promote TWiiSH products without including sufficient or any disclosure of their material connection with the company.
Despite repeated outreach attempts, TWiiSH did not submit a substantive response to NAD’s inquiry or participate in the self-regulatory process. Per NAD/NARB Procedures, NAD has referred this matter to the FTC and appropriate platforms for review and possible enforcement action.
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.
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
Children’s Advertising Review Unit Finds YouTube Channel “Vlad and Niki” in Violation of its Advertising Guidelines; Recommends Disclosure Modifications
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
National Advertising Division Recommends Reckitt Benckiser Modify or Discontinue Certain Claims for Finish Powerball Ultimate Dishwasher Tablets
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