McLean, VA – August 16, 2023 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that Tori Belle Cosmetics discontinue certain earnings claims made by salesforce members on Facebook and YouTube. After a sustained lack of response from Tori Belle, DSSRC has referred direct selling company Tori Belle to the Federal Trade Commission (FTC) for possible enforcement action.
The inquiry into Tori Belle, which markets beauty and cosmetics products, was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.
The earnings claims that formed the basis of this inquiry include, but are not limited to:
- “Honestly, weather you just want to feed your lash addiction on a discount, want to get a bill paid each month, or are looking for a full-on supplemental or replacement income- it is all do-able!”
- “Who wants a free vacation?! I can’t believe this, guys. These magnetic lashes have been flying off the shelves so much that I earned a free trip to an all-inclusive resort in Cancun, Mexico! And in just under 4 months.
- “You can supplement your income with just minutes a day work!…I’ve been with the company just under 2 months and I am making money and enjoying my new business”
- “financial freedom”
- “Are you looking for something to do from home to supplement your income or even to replace lost income”
- “Now is a great time to have a second income or to create a full time business.”
- Compensation Plan; [05:28] If you were to sell $3,000 worth of product…you would earn $1,200 in commission…the sky’s the limit
- “how about we transform you bank account with a second income stream. Join me and let me show you how to have fun while building an empire…Earn Bonus incentives such as bonus pay & travel credits… Let me help you with that car note, mortgage or tuition! It’s your choice. #multiplestreamsofincome”
As stated in DSSRC’s Guidance on Earnings Claims for the Direct Selling Industry, some words and phrases commonly used in earnings claims can carry a particularly high risk of being misleading to consumers. Such words and phrases include claims such as “financial freedom,” “full-time income,” “replacement income,” “residual income,” and “career-level income.” Furthermore, earnings claims must be substantiated and representative of a level of earnings that can be generally expected by salesforce members.
When DSSRC opened its inquiry and informed Tori Belle of its concern that these types of earnings claims can lead a reasonable consumer to conclude that salesforce members can earn significant, career-level, or replacement income from the Tori Belle business opportunity, Tori Belle indicated that the posts in question were more than three years old and that the dates on the social media posts had been altered.
When a direct selling salesforce member has disseminated an unsupported, inaccurate, or deceptive claim, the direct selling company cannot evade responsibility. DSSRC reached out to Tori Belle to discuss the alleged alteration of the social media post dates and let them know that even if the posts are old and the salesforce members responsible for the posts are no longer active with the company, Tori Belle is nonetheless responsible for making a bona fide, good faith effort to have the posts discontinued.
DSSRC received no substantive response from Tori Belle to this and other communications and all 12 of the posts at issue in this case remain available to the public.
DSSRC remains extremely concerned about the unsupported earnings claims and Tori Belle’s failure to demonstrate that it has made any effort to contact the individuals responsible for the posts to have the claims removed or alert the social media platform of the unauthorized representation. As such, and pursuant to DSSRC Policies and Procedures, DSSRC has referred Tori Belle to the FTC for possible enforcement action.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
Vesync Voluntarily Discontinues Certain Claims for HEPA Air Purifiers Following National Advertising Division Challenge by Dyson
New York, NY – August 15, 2023 – Following a BBB National Programs National Advertising Division (NAD) challenge, brought by competitor Dyson, Inc., Vesync Co., Ltd. voluntarily discontinued certain claims for its HEPA air purifiers.
Dyson challenged claims that Vesync’s Levoit EverestAir Smart True HEPA, Core 300, and Core 300S True HEPA air purifiers and their respective replacement filters have passed HEPA standards and argued that such claims conveyed other misleading messages.
In response to the challenge, Vesync asserted its belief in the efficacy of its products and stated that the challenged claims were made based on pre-existing independent third-party data. Vesync informed NAD that it was in the process of updating its testing data, however, and that for reasons unrelated to Dyson’s challenge, it had elected to permanently discontinue the challenged claims. Therefore, NAD did not review the claims on their merits.
In its advertiser statement, Vesync thanked NAD for its attention to the matter and stated that it “does not concede that there was anything misleading about the claims but has decided to voluntarily discontinue the 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.
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
National Advertising Division Finds One Claim for RevWood Flooring Supported and Recommends Other Claims be Discontinued; Mohawk to Appeal
New York, NY – August 15, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that the Mohawk Industries Inc.’s “Authentic imprint of Hardwood” claim for its RevWood laminate flooring product line was not misleading. However, NAD recommended that Mohawk discontinue the claims:
- “Wood Without Compromise”
- “The Perfect Wood for Your Home”
The claims at issue were challenged by the Decorative Hardwoods Association, which represents the hardwood plywood, hardwood veneer, and engineered hardwood flooring industries.
“Authentic Imprint of Hardwood”
NAD concluded that Mohawk’s “Authentic imprint of Hardwood” claim was not misleading because the message conveyed is that RevWood products offer a similar texture to real hardwood. Notably, NAD found that this message is reinforced by images and disclosures appearing near the claim.
“Wood Without Compromise”
NAD found that in the context of Mohawk’s advertising, consumers may take away the misleading message that RevWood is wood flooring from the slogan “Wood Without Compromise.” However, RevWood is a laminate flooring product that mimics the appearance and texture of wood. Further, although some advertising discloses that “RevWood combines the beauty of hardwood with the toughness of laminate,” NAD determined that these disclosures do not prevent the claim from being misleading because they contradict the claim.
For these reasons, NAD recommended that Mohawk discontinue using the slogan “Wood Without Compromise.”
“The Perfect Wood for Your Home”
NAD determined that one message reasonably conveyed by Mohawk’s use of “The Perfect Wood for Your Home” claim in the challenged advertising is that RevWood is wood. NAD noted that disclosures stating that RevWood products are laminates appear on the website in several sections far from the main claim and contradict the main claim. Therefore, NAD recommended Mohawk discontinue the claim to avoid conveying the message that RevWood is wood.
In its advertiser statement, Mohawk stated that it will appeal NAD’s decision regarding “Wood Without Compromise” because it believes “NAD did not give proper weight to the context within which the slogan is used, which prominently identifies the product as laminate wood, or to the substantial care consumers take in purchasing flooring products, both of which dispel any realistic potential for consumer confusion.” Mohawk also believes NAD did not give proper weight to evidence that “the product name is ‘laminate wood flooring’” and that “there is no evidence that even a single consumer has been confused…despite the fact that we have made prominent use of the slogan for more than five years.”
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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