Information and Alerts

Alert

On April 13, 2016, the National Advertising Division (NAD) an investigative unit of the Council of Better Business Bureaus,  issued a press release about this business's advertising claims. Specifically, NAD contacted the business about efficacy claims of their products. The business declined to provide a response. NAD has referred the issues to the Federal Trade Commission. Additional information can be found at: http://www.asrcreviews.org/nad-refers-advertising-for-steuarts-pain-formula-to-ftc-following-advertisers-failure-to-provide-substantiation-for-pain-relief-claims/ 

Ad Review

On May 16, 2024, BBB contacted this business about the advertising claims made on their website. Specifically, BBB asked for information that would support the claims made about the ingredients in the formulas which claimed some herbal ingredients were the only ones that gave pain relief and did not address the impact of other ingredients. The website also referenced 'recent studies' about the effectiveness of the products; BBB requested documentation of the studies. BBB also asked for information about how long special pricing would last and if an ending date could be added to the offer.  BBB also requested documentation to support that the testimonials were recent, genuine and reflect the current opinion of the endorsers. 

Despite several letters to the business, no response was received. 

The BBB Code of Advertising states: 

1. Basic Principles of the Code
1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.
1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

9. Sales
9.1 The unqualified term “sale” may be used in advertising only if there is a significant reduction from the advertiser's usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price.
9.2 Time limit sales must be observed.
9.2.1 For example, products or services offered in a “one-day sale,” “three-day sale” or “this week only sale” should, as a general rule, be taken off “sale” and revert to the regular price immediately following expiration of the stated time.
9.3 Introductory sales must be limited to a stated time period, and the selling price should, as a general rule, be increased to the advertised regular price immediately following termination of the stated period.
9.4 Advertisers may currently advertise future increases in their own prices on a subsequent date provided that they do, in fact, increase the price to the stated amount on that date and maintain it for a reasonably substantial period of time thereafter.
9.5 If the advertiser, in good faith, decides at the end of the sale period to convert its sale price to a new regular price, it may do so if it no longer claims any savings.
9.6 The advertiser, in good faith, may decide to extend a time limit or introductory sale for a stated period. However, if that extension is for more than a short period of time, the advertiser must be prepared to substantiate that the offering is still a valid price reduction and has not become its regular price.

30. Testimonials and Endorsements
30.1 In general, advertising which uses testimonials or endorsements is likely to mislead or confuse if:
30.1.1 It is not genuine and does not actually represent the current opinion of the endorser;
30.1.2 The actual wording of the testimonial or endorsement has been altered in such a way as to change its overall meaning and impact;
30.1.3 It contains representations or statements which would be misleading if made directly by the advertiser;
30.1.4 While literally true, it creates deceptive implications;
30.1.5 The endorser has not been a bona fide user of the endorsed product or service at the time when the endorsement was given, where the advertiser represents that the endorser uses the product or service;
30.1.6 It is not clearly stated that the endorser, associated with some well-known and highly-regarded institution, is speaking only in a personal capacity, and not on behalf of such an institution, if such be the fact;
30.1.7 The advertising makes broad claims as to the endorsements or approval by indefinitely large or vague groups, for example, “the homeowners of America,” “the doctors of America;”
30.1.8 The endorser has a financial interest in the company whose product or service is endorsed and this is not made known in the advertisement;
30.1.9 An expert endorser does not possess the qualifications that give the endorser the expertise represented in the advertisement;
30.1.10 The advertiser represents, directly or by implication, that the endorser is an “actual consumer” when such is not the case and the advertisement fails to clearly and conspicuously disclose that fact;
30.1.11 A consumer’s experience represented in an advertisement is not the typical experience of those using the product or service, unless the advertisement clearly and conspicuously discloses what the expected results will be;
30.1.12 Endorsements placed by advertisers in online blogs or on other third-party websites do not clearly and conspicuously disclose the connection to the advertiser and comply with each of the provisions in this Code; and
30.1.13 Advertisers compensate consumers for leaving feedback on third-party online blogs or websites but fail to ensure that consumers disclose such facts on those blogs or websites.
In the U.S., advertisers should consult the Federal Trade Commission Guides on Testimonials and Endorsements for detailed guidance. In Canada, advertisers should review the Competition Bureau’s publication on Untrue, Misleading or Unauthorized Use of Tests and Testimonials for specific guidance.

34. Claimed Results
Claims relating to performance, energy savings, safety, efficacy or results for a product or service should be based on recent and competent testing or other objective data.