BBB National Programs

12/27/2022

A Cool Sweepstakes Can Get You in Hot Water

When marketing to younger consumers, contests and sweepstakes can be effective vehicles for increasing brand engagement. Though these types of promotions are similar, there are distinctions between a sweepstakes and a contest.

Sweepstakes present a child with a “luck-based” opportunity

Contests reward a prize after a demonstration of skill

From the outside, these types of promotions may seem straightforward, but a company can quickly get into hot water if their contest or sweepstakes is directed to or could reach children under the age of 13.

Read more in this blog written by Rashida Gordon, Attorney, Children’s Advertising Review Unit, BBB National Programs:

When marketing to younger consumers, contests and sweepstakes can be effective but can also present risks and traps for brands making use of them.

12/23/2022

Health-related claims require a higher level of supporting evidence than for other types of advertising claims. An advertiser must be able to provide competent and reliable scientific evidence to support claims made about benefits.

Health-related claims require a higher level of supporting evidence than for other types of advertising claims.

An advertiser must be able to provide competent and reliable scientific evidence to support claims made about benefits.

12/22/2022

This National Advertising Division digest includes excerpts from environmental claims cases since 2010.

Each case involves consideration of the claims made in the advertising and labeling and the supporting evidence provided by the advertiser.

View the 2022 Environmental Digest: https://hubs.la/Q01wg1qC0

12/22/2022

From all of us at BBB National Programs, we wish you and yours a safe and happy holiday season!

12/21/2022

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program for Roblox Product

“Companies who participate in CARU’s COPPA Safe Harbor Program also comply with CARU’s Advertising Guidelines – a set of standards for advertising that help ensure advertising directed to children is not deceptive, unfair, or inappropriate,” said Dona Fraser, Senior Vice President, Privacy Initiatives, BBB National Programs.

Read more:

Walmart joins the CARU COPPA Safe Harbor Program to ensure that its Roblox experience complies with COPPA and CARU’s Self-Regulatory Guidelines.

12/21/2022

Ad Watchers: How Can You Ensure Your DEI Efforts Are Authentic?

As the expectation for representation has continued to rise, advertisers are turning to Diversity, Equity, Inclusion, and Belonging (DEIB) efforts to ensure everyone feels seen.

The National Advertising Division (NAD) recognizes the significance of authenticity in these diverse depictions and will be enforcing new standards to hold companies accountable when they endorse harmful stereotypes in their advertisements.

Hosts Eric Unis, Senior Attorney, and Annie Ugurlayan, Deputy Director, of NAD are joined by Ingrid Otero Smart, President & CEO, McCann, to discuss how to advertisers can ensure their DEI efforts are authentic.

Listen now to understand the key components of a truly inclusive DEI campaign:

Hosts are joined by Ingrid Otero Smart to discuss DEI in advertising, and how to avoid typecasts and tokenism when depicting diverse cultures.

12/21/2022

In-App and In-Game Ads: Tips to Staying Compliant in 2022

A is an app or website interface that tricks, confuses, or manipulates a user into doing something they do not intend to do.

Be careful to avoid dark patterns and deceptive door openers - especially where kids are involved.

Read more:

CARU's revised Advertising Guidelines provide guidance for in-app and in-game advertising, business models that require special design considerations.

12/20/2022

CFBAI and CCAI Publish 2021 Annual Report

BBB National Programs has released the Children’s Food and Beverage Advertising Initiative (CFBAI) and Children’s Confection Advertising Initiative (CCAI) 2021 Annual Report.

In addition to participants’ compliance, the report discusses the modifications to CFBAI’s Core Principles made in 2022, which revised the advertising coverage of the program.

Read more:

BBB National Programs has released the CFBAI and CCAI 2021 Annual Report, providing details on significant 2021 events and participant compliance.

12/19/2022

BBB National Programs Elects Verizon’s David Hubbard as Board Chair

BBB National Programs Board of Directors Elects Verizon’s David Hubbard as Board Chair and Re-Elects Three Board Members

“I am thankful to Ken Patel for his outstanding service as our Board chair over the past three years, during which time his strategy, support, and advice have been invaluable,” said Eric D. Reicin, President and CEO, BBB National Programs. “I am also excited about the enhanced role for incoming Board Chair David Hubbard, a proven champion for industry self-regulation.”

Read the full press release: https://hubs.la/Q01w8MVj0

BBB National Programs announced a new Board of Directors Chair, Verizon's David Hubbard, and the re-election of three other Board members.

12/16/2022

NAD is focused on resolving advertising challenges and fulfilling its mission for consumer protection through its independent investigations in the ad marketplace, making them a cy pres recipient in a number of class action settlements.

Learn more about BBB National Programs' cy pres impact: https://hubs.la/Q01vYRdG0

12/15/2022

Save the date for , the only event dedicated to convening advertising and privacy professionals in the children’s space.

Join us in-person on May 16, 2023 to discuss the growing tension in children’s advertising and privacy. To create a safe space for the open exchange of ideas, this event will employ Chatham House Rules. More information coming soon.

12/15/2022

SMBs, learn how to use targeted advertising without crossing legal boundaries or scaring away customers with this guide from the hosts of the MarTech Podcast and BBB National Programs. https://bbbprograms.org/media-center/pd/privacy-abbreviated-targeted-

SMBs, learn how to use targeted advertising without crossing legal boundaries or scaring away customers with this guide from the hosts of the MarTech Podcast and BBB National Programs.

https://hubs.la/Q01vTgLD0

12/15/2022

Digital transformation brings consumers more choice, but also the risk of online scams & unsafe products.

Laura Brett, Vice President of BBB National Programs' National Advertising Division spoke on a panel at OECD Digital Economy Ministerial Meeting in Gran Canaria, Spain to discuss how to empower consumers and build a more trustworthy digital world.

https://hubs.la/Q01vYS-M0

12/14/2022

Flo on Priv: Data Privacy Challenges in Women’s Health Apps

In this episode of Privacy Abbreviated, hosts Dona Fraser, Senior VP of Privacy Initiatives, BBB National Programs, and her new cohost Arlo Gilbert, CEO, Osano talk about health and wellness data that’s not covered by HIPAA.

Joining them are Tsimafei Savitski, Chief Legal Compliance Officer, and Roman Bugaev, Chief Technology Officer of Flo, an app designed to track ovulation cycles.

Due to the nature of the app, users are asked to share detailed information about their health and wellness. Listen to this episode to hear what practices the Flo team puts in place as they seek to raise the bar for protecting user privacy.

When we share health data with apps not covered by HIPAA, how is it safeguarded and shared? Listen to learn how Flo is handling these challenges.

12/14/2022

Uncharted Territory for Lemon Laws, Privacy and Connected Cars

As the complexity and novelty of technology and software becomes an even more integral part of driving, lemon laws enacted by most states have yet to catch up.

So, what will the future of warranty disputes and lemon laws look like?

Read more:

The future of BBB AUTO LINE will be impacted by changing lemon laws, new regulations governing vehicles, and the evolution of connected cars.

12/13/2022

"As you might expect, I was pleased to see the announcement from the European Commission today launching the process towards adoption of an adequacy decision for the EU-U.S. Data Privacy Framework," says Dona Fraser, Senior Vice President, Privacy Initiatives, BBB National Programs.

"The draft adequacy decision not only highlights the base requirements that will be met by the U.S. Government and businesses for us to move forward in replacing the Privacy Shield Framework, but also finds that comparable safeguards will be in place in the US to protect the personal data of EU citizens.

"Specifically, the EU states that “the draft decision concluded that the United States ensures an adequate level of protection for personal data transferred from the EU to US companies.

"Now the hard work begins to shape this new program that will support the more than 5,000 Privacy Shield companies. We anticipate guidelines from the Department of Commerce next year to help IRMs like BBB National Programs efficiently operationalize the new Framework."

Read the announcement: https://hubs.la/Q01vNmlc0

12/12/2022

The U.S. Supreme Court issued a ruling in West Virginia v. EPA that opens up the opportunity for business to play a larger role in developing solutions to public policy issues through independent industry self-regulation.

Read more: https://hubs.la/Q01vDR7_0

12/12/2022

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program

Walmart Joins BBB National Programs’ CARU COPPA Safe Harbor Program for Roblox Product

Taking an important step to demonstrate its commitment to children’s privacy, Walmart joins BBB National Programs’ Children’s Advertising Review Unit (CARU) COPPA Safe Harbor Program to ensure that its new immersive Roblox experience complies with the stringent requirements of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines.

Read the full press release:

Walmart joins the CARU COPPA Safe Harbor Program to ensure that its Roblox experience complies with COPPA and CARU’s Self-Regulatory Guidelines.

12/09/2022

Nonprofits are inherently driven by a mission and purpose that becomes a force for the greater good of those served. But how do you ensure that your employees can see their connection to purpose and know their contributions make a difference?

Find out in the article by BBB National Programs President & CEO, Eric Reicin: https://hubs.ly/Q01vgQhK0

12/08/2022

Regulatory Scrutiny And The Intricacies Of Ad Law With A 30-Year FTC Veteran | AdExchanger

The FTC has shown concern about tracking and interest-based advertising while recognizing the need to weigh the harms and the benefits of data-driven advertising.

Mary Engle, Executive Vice President of Policy, BBB National Programs, discusses the intricacies of advertising law with Allison Schiff in this episode of AdExchanger Talks.

Listen in:

Mary Engle, EVP of policy at BBB National Programs, dives deep on “commercial surveillance,” ad disclosures, the FTC’s case against Kochava and more.

12/07/2022

Ad Watchers: Ethics in Advertising

In this episode of Ad Watchers, hosts Eric and Annie are joined by guest Deputy Director of the National Advertising Division, Katherine Armstrong to explore where the line is between ethical design and dark patterns. What are dark patterns? How can you spot them? And what should you do if you think an ad is using them? Tune in to find out! https://hubs.ly/Q01vgNPj0

12/07/2022

It's the most wonderful time of the year — or is that puffery? Learn about common types of misleading advertising directed to children this holiday season. https://hubs.la/Q01tsW8z0

12/06/2022

Two Peas in a Privacy Pod: CBPR and the EU-U.S. Data Privacy Framework

One of the unique benefits of the Global CBPR System is the substantial overlap with the EU-U.S. Data Privacy Framework (EU-U.S. DPF).

The nearly 78% alignment in key requirement areas means that certifying through one system will help an organization comply with requirements of the other, saving time, money, and valuable resources while pursuing both certifications.

Continue reading: https://hubs.la/Q01v79JT0

Written by Rebecca Knight, CIPP/E, CIPP/US, Counsel, Policy Privacy Initiatives, BBB National Programs

A nearly 78% alignment between CBPR and the EU-US DPF requirements means that certifying through one system makes it easier to certify in the other.

12/05/2022

Making a list and checking it twice - and no we're not talking about for Santa. It may be 2022, but that doesn't change these evergreen tips when holiday shopping for children.

Check the list here ☑️ https://hubs.la/Q01tsK2b0

12/05/2022

Responsible Teen Data Considerations For Business Leaders

Experts agree that teens are more risk-seeking than younger children but less competent than adults at managing online risks.

There are justifiably heightened concerns around teen privacy that are not yet being fully addressed.

In the current landscape of privacy protections there exist some unique potential harms specific to teens that businesses looking to responsibly engage with teens should consider.

Read more:

The current landscape of privacy protections includes unique potential harms that businesses looking to responsibly engage with teens should consider.

12/02/2022

DSSRC Recommends Zilis Discontinue Health-Related Claims

Direct Selling Self-Regulatory Council Recommends Zilis Discontinue Health-Related Product Performance Claims

Read the case decision summary: https://hubs.la/Q01tNjd10

The Direct Selling Self-Regulatory Council (DSSRC) recommended Zilis discontinue health-related product performance claims made by its salesforce.

12/02/2022

NAD Finds Blue Apron’s “Canceling Meals is Easy” Claim Supported

National Advertising Division Finds Blue Apron’s “Canceling Meals is Easy” Claim Supported

Read the case decision summary:

The National Advertising Division (NAD) determined that Blue Apron provided a reasonable basis for the claim that “Canceling Meals is Easy.”

12/02/2022

Responsible Teen Data Considerations For Business Leaders

Anyone with teenagers in their lives knows just how firmly they are planted in the digital world.

But just because teenagers grew up with technology as “digital natives” does not mean they are all digitally literate and truly aware of the risks they face in digital spaces.

Read more:

The current landscape of privacy protections includes unique potential harms that businesses looking to responsibly engage with teens should consider.

12/02/2022

NAD Finds Certain Perrigo Infant Formula Cost Savings Claims Supported

National Advertising Division Finds Certain Perrigo Infant Formula Cost Savings Claims Supported; Recommends Others be Modified or Discontinued

Read the case decision summary:

The National Advertising Division (NAD) determined Perrigo supported certain comparative cost savings claims for hypoallergenic infant formula.

12/01/2022

NAD Refers Zscaler Advertising Claims to FTC

National Advertising Division Refers Comparative Advertising Claims made by Zscaler to Federal Trade Commission for Further Review

Read the case decision summary:

The National Advertising Division (NAD) referred Zscaler to the FTC after failing to respond to a Zero Trust Exchange Platform ad claim challenge.

12/01/2022

The Problems with Endorsements

Consumer engagement in social media and an accelerating shift to digital commerce have increased the use of endorsements in advertising on many platforms.

A problem arises when consumers engage with content without knowing that payments or incentives are fueling the platforms and people who appear to organically embrace a new product or service.

Read more in this blog by NAD Vice President Laura Brett:

BBB National Programs shared its concerns about certain endorsement practices in a comment submitted last week to the FTC.

11/30/2022

In October, the White House published its long-awaited Executive Order committing to the EU-U.S. Data Privacy Framework. However, the specifics outlined in the EO do present questions.

BBB National Programs’ Global Privacy Division – the longest-running Independent Recourse Mechanism (IRM) provider and the first recognized under Privacy Shield – is here to help you with understanding what comes next.

https://hubs.la/Q01ts7Y80

11/29/2022

Uncharted Territory for Lemon Laws, Privacy and Connected Cars

The future of BBB AUTO LINE will likely be impacted by the answers to these three questions:

1. Can lemon laws keep pace with radical changes in the way vehicles operate?
2. What is the true impact of new regulations governing vehicles?
3. How will evolving data privacy concerns presented by connected cars be addressed and resolved?

Read this blog by Juan Herrera, Vice President, Dispute Resolution Programs, BBB National Programs to learn more:

The future of BBB AUTO LINE will be impacted by changing lemon laws, new regulations governing vehicles, and the evolution of connected cars.

11/25/2022

We're hiring!

We are seeking an Administrative Assistant to support our New York office.

At BBB National Programs, we bring a growth mindset as we advance our mission and strive to foster trust, innovation, and competition in the marketplace. We are an inclusive organization, bringing a dynamic environment that supports our employees and the meaningful work we do.

Apply today: https://hubs.la/Q01rPhq40

11/24/2022

Today and every day, we are thankful for our dedicated and passionate team members, partners, and industry friends. Enjoy your loved ones and stay safe this holiday weekend.

11/23/2022

NAD Finds Certain ABA Environmental Benefit Claims Supported

NAD Finds Certain Environmental Benefit Claims for ABA’s “Every Bottle Back” Initiative Supported; ABA Appeals Recommendation to Modify Other Claims

Read the case decision summary: https://hubs.la/Q01sZg_90

The National Advertising Division (NAD) determined the ABA supported certain environmental benefit claims related to its Every Bottle Back program.

11/23/2022

States Take Key Role in Fighting Fake Online Reviews

With studies showing that at least three-quarters of online shoppers check product and service reviews before they buy, the evaluations have become more important than ever in global commerce. But fake reviews upend the system.

Mary Engle, executive vice president for policy at the BBB National Programs office in Washington, D.C., said consumers “have to really have their guard up” when looking at online reviews.

Continue reading (via PEW):

“The problem with fake reviews is there’s a lot of incentive to cheat.”

11/23/2022

As more states consider regulations to tackle dark patterns, there is a need for greater accountability from within the business community. Read how in this Forbes Nonprofit article by BBB National Programs President & CEO Eric Reicin. https://hubs.la/Q01sSsZ_0

11/22/2022

NAD Recommends Cash App Discontinue Megan Thee Stallion Video

National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing

Read the case decision summary:

NAD recommended Cash App discontinue or modify a Megan Thee Stallion commercial telling consumers they can invest as little as a dollar.

11/22/2022

NAD Finds Certain HEPA Claims for Shark Air Purifiers Supported

National Advertising Division Finds Certain HEPA Claims for Shark Air Purifiers Supported; SharkNinja Appeals Recommendation to Modify or Discontinue Others

Read the case decision summary: https://hubs.la/Q01sZgWR0

The National Advertising Division (NAD) determined SharkNinja supported claims that its Shark Air Purifier 4 meets or exceeds HEPA standards.