NAD Press Releases

NAD Refers Puerto Rico Telephone Company Advertising to FTC After Advertiser Declines to Participate; Claims Challenged by AT&T

New York, NY – May 21, 2019 – The National Advertising Division has referred advertising claims made by Puerto Rico Telephone Company to the Federal Trade Commission for further review after the company declined to participate in a proceeding before NAD. NAD is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. Claims made by Puerto Rico Telephone Company for its Claro Wireless Service were challenged by AT&T Services, Inc.  Claims at issue included: “La Red Más Poderosa” —...

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In Response to NAD Inquiry, Maker of Vayarin Dietary Supplement Says Product has Been Discontinued and Company has Closed

New York, NY – May 13, 2019 – VAYA Pharma, Inc., the U.S. manufacturer and supplier of Vayarin, a dietary supplement marketed for the management of ADHD, has advised the National Advertising Division that the product has been discontinued and it has closed its business. NAD is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. As part of NAD’s routine monitoring program, NAD requested substantiation for the following claims: “For the clinical dietary management of lipid imbalances associated...

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NAD Finds Verizon’s Ranked #1 by RootMetrics Claims Supported; Recommends Verizon Modify, Discontinue Unqualified “Best Network” and Other Claims.

New York, NY – May 7, 2019 – Following a challenge by T-Mobile USA, Inc., the National Advertising Division has concluded that Verizon Wireless, Inc. provided a reasonable basis for its claim that RootMetrics is independent, as well as for its claims that it was “ranked #1 by RootMetrics in Call, Data, Speed, and Reliability,” and that RootMetrics ranked it the best network. However, NAD recommended that the unqualified claims that Verizon is the “Best Network” and “Best Unlimited” be modified so that they are clearly tied to RootMetrics’ test results, or be discontinued. NAD also...

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Cochlear Americas Agrees to Permanently Modify Magazine Advertising Following NAD Inquiry

New York, NY – May 6, 2019 – Cochlear Americas has agreed to permanently modify its “Ask the Expert” magazine advertising to include a clear and conspicuous disclosure that the pieces are advertising for its cochlear implants.  The challenge arose from NAD’s routine monitoring program. NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus. NAD initiated an inquiry into a Cochlear advertisement for cochlear implants that appeared in the October 2018 issue of the AARP Bulletin.  The Cochlear...

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NAD Recommends Procter & Gamble Discontinue Television Commercial For Its Tide Pods Making Unsupported Comparative Superiority Claims

New York, NY – May 2, 2019 – Following a challenge by Church & Dwight, the National Advertising Division recommended that Procter & Gamble discontinue a television commercial for its Tide Pods, having found that it reasonably conveys the unsupported message that a single Tide Pods capsule is markedly superior to an entire bottle of Arm & Hammer detergent, regardless of the stain or soil type, and the falsely disparaging message that Arm & Hammer laundry detergent is ineffective. NAD is an investigative unit of the advertising industry’s system of self-regulation and is...

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NAD Finds Comparative FDA-Approved Label Indications Claims For Claritin-D vs. Flonase Supported But Execution Of Claims Problematic.

New York, NY – April 29, 2019 – Following a challenge by GlaxoSmithKline Consumer Healthcare, Inc. (“GSK”), NAD concluded that Bayer Healthcare LLC provided a reasonable basis for its claim that, based on the parties’ respective FDA-approved labels, Claritin is indicated to relieve 8 symptoms of allergies (i.e., sneezing, runny nose, nasal congestion, itching of the nose, itchy eyes, watery eyes, itching of the throat, and sinus congestion and pressure) and the leading allergy spray (Flonase) is only indicated to relieve the first six of these symptoms (i.e., not sinus congestion and...

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