ASRC Press Releases

NARB Affirms NAD Decision Following Panel’s Review of Advertising Claims Made for Neurocore Brain Performance Centers

New York, NY – June 20, 2018 – A panel of the National Advertising Review Board (NARB) has affirmed an earlier decision that found Neurocore LLC, operator of Neurocore Brain Performance Centers, could not support quantified “outcome” claims based on internal pre- and post-treatment assessments of its clients.  While Neurocore represented that it had discontinued the specific claims challenged earlier by the National Advertising Division (NAD), the panel noted its concern at the company’s assertion that it would continue to make similar “outcome” claims based on the same...

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NAD Recommends Triumph Pharmaceuticals Discontinue Certain Claims for SmartMouth Dry Mouth Products Following a Challenge from GSK

New York, NY – June 13, 2018 – The National Advertising Division has recommended that Triumph Pharmaceuticals, Inc., discontinue challenged claims for the company’s SmartMouth Dry Mouth Products. NAD did not, however, recommend that Triumph change the name of its dry mouth products. NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus. Triumph’s claims were challenged by GlaxoSmithKline Healthcare, L.P., the maker of Biotene products. Both parties manufacture over-the-counter products...

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NAD Refers Advertising Claims Made By 2BeUnstoppable & NutriFrontier to FTC for Further Review

New York, NY – June 12, 2018 – The National Advertising Division, in two separate proceedings, has referred to the Federal Trade Commission advertising claims made by 2BeUnstoppable, LLC, and NutriFrontier Pte Ltd. NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus. In both cases, the claims at issue were found in internet advertising and challenged by the Council for Responsible Nutrition (CRN). The advertisers did not respond to NAD’s requests to provide substantiation for the claims. CRN...

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New Accountability Program Cases Highlight Websites’ Privacy Responsibilities

Arlington, VA – June 7, 2018 – The Online Interest-Based Advertising Accountability Program released two new decisions today, once again bringing increased transparency about online advertising practices to consumer-facing websites. The companies in these cases, Purple Innovation LLC and x19 Limited, adopted the Accountability Program’s recommendations to add real-time “enhanced notice” links on their websites where data is collected for interest-based advertising, or “IBA.” Purple, an online mattress retailer, came to the Accountability Program’s attention from a consumer...

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NAD Recommends DKB Household USA Discontinue Advertising Claims made for Salad Spinner After Challenge by OXO International

New York, NY – May 30, 2018 – The National Advertising Division has recommended DKB Household USA Corp., discontinue the advertising claims for the company’s Zyliss SwiftDry Salad Spinner that were challenged by OXO International, Ltd., the maker of a competing product. The claims at issue, which appeared in at a company website, on product packaging, in a trade demonstration video, in point-of-sale material, and on product pages for online retailers, included: “Removes 25% More Water* *Average test results versus leading competitors” “Unique AquaVent technology removes 25% more...

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NARB Recommends Schmidt‘s Deodorant Company Discontinue Certain Claims Initially Challenged by Tom’s of Maine

New York, NY – May 29, 2018 – A panel of the National Advertising Review Board has recommended that Schmidt’s Deodorant Company discontinue claims, either directly or through consumer testimonials, that Schmidt’s deodorants (a) absorb or help absorb moisture or wetness and/or (b) provide protection against wetness. The panel also recommended that Schmidt’s discontinue claims, either directly or through consumer testimonials, that its products are “the only natural deodorant that really works” or “work[s] better than any store bought traditional deodorant.” The panel noted,...

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