NEW YORK, June 29, 2021
/PRNewswire/ -- The National Advertising Division (NAD) of BBB
National Programs has referred advertising claims made by The
Coldest Water, LLC to the Federal Trade Commission (FTC) for
review. Through its ad monitoring program, NAD inquired about
numerous TikTok videos by influencers featuring the reusable,
insulated Coldest Water bottle. The advertiser did not respond to
NAD's request to provide support for its claims.
The advertisements in question were posted on the social media
platform TikTok by various social media influencers. In each video,
a Coldest Water bottle is displayed prominently somewhere in the
foreground or background so that the brand logo can clearly be
seen, but the product itself is not mentioned or referenced by the
influencer. The challenged videos use the hashtag
"#thecoldestwater" and tag the company (@thecoldestwater), but do
not include any material connection disclosures to the company.
NAD noted that the Coldest Water website contains several
references to the company's social media influencer program,
through which participants are sent free merchandise in exchange
for posting videos showcasing the product. The website also
includes a social media guide that instructs influencers to "Create
a video with the Coldest bottle in the background" and to tag the
company.
NAD questioned whether consumers would take away a message that
influencers placing the Coldest Water bottles in videos are
endorsing the product and that such influencers have a material
connection with the company making the endorsed product. The
independent non-profit ad watchdog took this step because,
according to the FTC Guides Concerning the Use of Endorsements and
Testimonials in Advertising, "when there exists a connection
between the endorser and the seller of the advertised product that
might materially affect the weight or credibility of the
endorsement (i.e., the connection is not reasonably expected
by the audience), such connection must be fully disclosed."
Considering the advertiser's failure to provide a substantive
response to NAD's request for substantiation for its claims or
participate in any way in the self-regulatory process, NAD has
referred the matter to the FTC for possible enforcement action.
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About BBB National Programs: BBB National Programs
is where businesses turn to enhance consumer trust and consumers
are heard. The non-profit organization creates a fairer playing
field for businesses and a better experience for consumers through
the development and delivery of effective third-party
accountability and dispute resolution programs. Embracing its
role as an independent organization since the restructuring of the
Council of Better Business Bureaus in June
2019, BBB National Programs today oversees more than a dozen
leading national industry self-regulation programs, and continues
to evolve its work and grow its impact by providing business
guidance and fostering best practices in arenas such as
advertising, child-directed marketing, and privacy. To learn
more, visit bbbprograms.org.
About the National Advertising
Division: The National Advertising Division (NAD) of BBB
National Programs provides independent self-regulation and dispute
resolution services, guiding the truthfulness of advertising across
the U.S. NAD reviews national advertising in all media and its
decisions set consistent standards for advertising truth and
accuracy, delivering meaningful protection to consumers and
leveling the playing field for business.
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