No Good Night’s Sleep With This Offer

According to Tuft & Needle in a recent challenge filed with the National Advertising Division (“NAD”), administered by the Council of Better Business Bureaus, at least two important items are misrepresented: (i) there is no savings of $125.00 because the mattresses are always available for purchase at the lower price point, and (ii) the pillows cannot lawfully be advertised as...

NAD Decision in StubHub Case – Service Fees Must be Disclosed Upfront

StubHub’s price disclosure practices have come under scrutiny by the National Advertising Division (“NAD”) of the Council of Better Business Bureaus, and NAD’s decision last month critical of these practices has implications for all online marketers of consumer goods and services. At issue in the StubHub inquiry was the manner in which StubHub discloses its services fees...

NAD – Omega XL Dietary Supplements

The NAD found that Great Health Works, LLC had a reasonable basis to make several establishment and performance claims regarding the efficacy of the Omega-XL supplement in reducing joint inflammation and pain. In reaching its decision, the NAD noted that eight clinical studies have been conducted on the Omega-XL preparation...

ERSP – Guthy Renker | Cold Plasma Sub-D

It’s always nice to highlight a case where the marketer is doing things right. In one such matter, the Electronic Retailing Self-Regulation Program (ERSP) determined that Guthy-Renker, LLC had adequate substantiation in support of claims for its product, Cold Plasma Sub-D, a topical cream intended to sculpt and tighten the appearance of skin along the chin and...

CARU – Mattel – Sofia the First

Companies advertising to children…take heed! In a recent decision, CARU took what seems to be an especially hardline stance regarding the required sufficiency and clarity of disclosures made to children. In an action initiated through its routine monitoring program, CARU questioned whether Mattel’s :15 commercial for the “Sofia The First Royal Prep Academy” product adequately...

BBB to MyPillow: BOGUS BOGO

To the uninformed advertiser, free can be costly. The Better Business Bureau of Minnesota and North Dakota (BBB) has revoked the accreditation of Minnesota-based MyPillow, Inc. lowering its rating to an F primarily due to its Buy One Get One (BOGO) advertising campaign. It’s a reminder that advertisers must exercise caution when...