NAD

NAD Finds Verizon “First to 5G” Claim Supported, But Recommends Modification to Disclosure as Long as Service is More Unavailable Than Available

New York, NY – December 13, 2019 – The National Advertising Division determined that Verizon substantiated its “First to 5G” claim, however it recommended modification to the disclosures used to qualify the claim, as long as the service is more unavailable than available.  NAD also concluded that the advertising did not convey a message concerning the availability of 5G service on trains, but recommended that the advertiser discontinue the implied claim that Verizon’s 5G service can be used on a bus.  Finally, NAD recommended that, to the extent Verizon charges a fee for 5G service...

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National Advertising Division Refers Advertising Claims Made by Zero Gravity to Federal Trade Commission and U.S. Food and Drug Administration

New York, NY – December 11, 2019 – The National Advertising Division has referred advertising claims made by Zero Gravity for its Perfectio line of medical devices to the Federal Trade Commission for further review. The advertiser did not respond to NAD’s requests to provide substantiation for its claims. NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB NP’s self-regulatory and dispute resolution programs. As part of NAD’s routine monitoring program, NAD requested substantiation for online advertising claims that included:...

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NAD Finds Format of RXBAR Front Labels Not Misleading, Communicates Substantiated Claims about the Core Ingredients of an RXBAR

New York, NY – December 11, 2019 – The National Advertising Division has determined that the challenged claim, “3 Egg Whites / [Number][Nut/Legume] / 2 Dates / No B.S.,” as it appears in standardized format on the front label of RXBARs, communicates the supported message that those ingredients are in RXBARs, and does not reasonably convey misleading implied claims about weight and proportions of the protein bar inside. It also found that the claim “3 Egg Whites” was not misleading as to the form of egg whites in the bar. Both the challenger, KIND, LLC, and the advertiser, Insurgent Brands,...

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NAD Refers Nectar Sleep to FTC After Advertiser Fails to Comply with NAD Decision

New York, NY – December 10, 2019 – The National Advertising Division has referred advertising by Nectar Sleep LLC to the Federal Trade Commission for further review after finding that the advertiser did not make a bona fide effort to comply with an earlier NAD decision. In its July 2019 decision, NAD recommended that Nectar discontinue advertising claims for the company’s Nectar Mattress that were challenged by Tuft & Needle, LLC, maker of competing mattresses. NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB NP’s...

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NAD Determines that AT&T Has a Reasonable Basis for its Qualified “Best Wireless Network” Claim But Recommends AT&T Discontinue “5G Evolution, The First Step to 5G” Claim, Following T-Mobile Challenge; Advertiser to Appeal

New York, NY – December 9, 2019 – The National Advertising Division determined that AT&T Services, Inc. has a reasonable basis for its “best wireless network according to America’s biggest test” claim.  However, NAD recommended modification to the disclosures used to qualify AT&T’s “best wireless network” claim. NAD further determined that AT&T’s “just okay is not okay” claim and related vignettes do not falsely denigrate competitors and were supported. Finally, NAD recommended that AT&T discontinue its “5G Evolution” and “5G Evolution, The First Step to 5G” claims. The...

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NAD Recommends Nexus Formulas Discontinue Certain Challenged Claims for Plavinol, Following Challenge by the Council for Responsible Nutrition

New York, NY – November 26, 2019 – The National Advertising Division recommended that Nexus Formulas, LLC discontinue certain challenged product performance, ingredient, and safety claims, as well as doctor recommended claims and testimonials for its Plavinol dietary supplement, following a challenge by the Council for Responsible Nutrition (“CRN”). NAD is an investigative unit of the advertising industry’s system of self-regulation and is a division of the BBB NP’s self-regulatory and dispute resolution programs. The express claims challenged by CRN appeared in internet advertising. ...

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