Frequently Asked Questions

BBB National Programs is an independent, nonprofit organization with a shared history, but not affiliated with, the International Association of Better Business Bureaus.

In 2019, the Council of Better Business Bureaus (CBBB) restructured and created two independent non-profit organizations: the International Association of Better Business Bureaus (IABBB) and BBB National Programs. The IABBB is the national HQ for all Better Business Bureaus (BBB) across the country. Our organization, BBB National Programs, is home to the independent, industry self-regulation programs that were a part of CBBB since the 70’s.

The two organizations share a history, but are no longer affiliated with one another. And though BBB is a part of our organization name, it is inaccurate to write "Better Business Bureau National Programs" or to indicate that any BBB National Programs is affiliated with the BBBs or with the IABBB.

Industry self-regulation is driven by the adoption of agreed-upon standards developed with an independent third party and backed by accountability mechanisms. In other words, guidelines with teeth.

Through industry self-regulation, businesses can come together to develop an appropriate road map for industry, one that is attuned to market realities and reflects the accumulated judgment and experience of industry players representing a broad cross-section of industry views.

Industry self-regulation is also known as "soft law," which occupies the broad space adjacent to corporate compliance programs in which organizations follow their own rules and guidelines informed by law. “Hard law,” in contrast, is what is usually referred to as “statutes and regulations,” which are based on the actions of federal and state law-making bodies, administered by government agencies and subject to judicial review.

Well-constructed industry self-regulation consists of key attributes:

• The ability to tailor work done in other industries to a new business category. Government regulation tends to paint with a broader brush.
• The opportunity to achieve compliance at levels equal to or greater than government. The threat of referral to the government for noncompliance also is an effective mechanism.
• A transparent and objective process for rule-setting and accountability mechanisms. This allows the consumer to judge the system’s integrity, increasing public confidence in the process.

BBB National Programs National Partners share a common goal of influencing the future of regulation in their industries and demonstrate to stakeholders their commitment to accountable, industry-led standards and dispute resolution programs that protect consumers and keep the playing field level for business.

The benefits of being a BBB National Programs National Partner include:

• Shaping the future of industry self-regulation through program committees and working groups.
• Networking and thought leadership opportunities with more than 120 global corporations, law firms, associations, and trade groups committed to advancing marketplace trust and influencing industry behavior.
• Opportunity to participate in children’s advertising and privacy programs.
• Access to advertising and privacy self-regulation programs and experts to enhance consumer trust in the marketplace.
• Customized navigation of privacy issues and compliance guidelines.
• Discounts to BBB National Programs conferences and resources, including the widely respected and cited cases of the National Advertising Division available through the Online Archives.
• Discounts on National Advertising Division case filings.

Established in 1971
For the last 50 years in the advertising industry, companies have held each other to a higher standard. In response to the pressures and criticisms of consumerism that had mounted during the previous decade, in 1971 the advertising industry established the National Advertising Division (NAD) and National Advertising Review Board (NARB), the U.S. mechanism of independent self-regulation that has stood the test of time and technological innovation.

Learn more at NAD50th.org.

Established in 1974
For the last 50 years, companies marketing to children have held each other to a higher standard. In response to a credible threat to advertising to children, in 1974 the Children’s Advertising Review Unit (CARU) was established as the U.S. mechanism of independent self-regulation for protecting children under age 13 from deceptive or inappropriate advertising. 

Learn more at CARU50th.org.

Established in 1982
In the early 1980s, the U.S. automotive market was transitioning and the country’s first “ lemon law” was put in place creating a need for a streamlined dispute resolution process that would resolve consumer complaints without costly and time-consuming litigation.  

General Motors (GM) organized a grassroots effort among auto manufacturers (including Volkswagen, Porsche, Audi, and Nissan) to develop and implement an out-of-court program for their customers to use conciliation, facilitated negotiation, and arbitration to help resolve vehicle warranty disputes. The program, BBB AUTO LINE, expanded nationwide in 1982.

Learn more about BBB AUTO LINE.

The National Advertising Division, often called NAD, was formed in 1971 by the advertising industry in response to calls for government regulation of advertising. NAD’s public interest mission is to seek to ensure that advertising claims are truthful and accurate for consumers and that advertisers operate on a level-playing field. NAD assesses the truth and accuracy of claims made in national advertising via three case track options for competitor challenges (Standard Track, Fast-Track SWIFT, and Complex Track) or through its own monitoring efforts.

No, the National Advertising Division is a unit of the independent, non-profit organization, BBB National Programs. BBB National Programs is not a government entity, nor is it affiliated with a government agency.

The term “national advertising” includes any paid commercial message, in any medium (including product labeling), if it has the purpose of inducing a sale or other commercial transaction or persuading an audience of the value or usefulness of a company, product, or service; if it is disseminated nationally or to a substantial portion of the United States, or is test market advertising prepared for national campaigns, and if the content is controlled by the advertiser. This includes claims made on a company’s website or any website that is promoting a company’s product for sale.

Participation in the self-regulatory process is voluntary. However, pursuant to the NAD/NARB Procedures, if an advertiser refuses to participate or refuses to comply with NAD’s recommendations, NAD will refer the matter to the appropriate regulatory agency, which is typically the Federal Trade Commission (FTC). A press release will be issued to this effect. NAD referrals receive priority treatment from the FTC so an advertiser can expect a call from an FTC attorney who is assigned to the referral. Advertisers who initially refuse to participate often return to NAD, and those who refused to comply with NAD’s recommendations often end up modifying their advertising. NAD may also report misleading advertising to the platform on which it was found, including Facebook, for review as to whether the challenged claims comply with platform advertising policies.

First, select a track: Fast-Track SWIFT, Standard Track, or Complex Track.

Fast-Track SWIFT

• A Fast-Track SWIFT (Single Well-defined Issue Fast Track) challenge is limited to a single well-defined issue, which does not require review of complex evidence or argument and will be capable of resolution within 20 business days. SWIFT claims are not limited to digital advertising and can include any single issue in any media.
• Timing: The filing fee must be received by NAD before the 20-day countdown clock will begin on the claim.
• A challenge can only be commenced by filing via the online portal.
• If NAD determines that the challenge is not appropriate for Fast-Track SWIFT, the challenger has the option to refile the challenge in the Standard or Complex track or close the challenge.
• Please see the NAD/NARB Procedures for more information.

Standard and Complex Tracks

• Standard and Complex Track challenges are filed using the online portal. Challenges in both tracks are commenced with an opening letter.
• The opening letter should list the claims challenged, explain why the claims are misleading, attach any available evidence that demonstrates the claims are misleading, including testing, studies, research, or surveys, and link to the challenged advertising or provide copies if advertising is not available digitally.
• Standard Track is the default track to which any challenge over which NAD has jurisdiction may be submitted.
• Complex Track is designed for challenges that require complex claim substantiation.

Local vs National Advertising

NAD only reviews advertising that is national in scope. To report misleading advertising at the local level, contact the Better Business Bureau.

• NAD Fast-Track SWIFT is an expedited process for resolving simple, single-issue advertising disputes and that does not require review of complex evidence in 20 days. NAD Fast-Track SWIFT was developed in response to industry concerns that the timeline for standard track cases is often too long to adequately address common simple issues with uncomplicated evidence.

• A Standard Track challenge generally involves more than one issue and may involve complicated evidence which requires a lengthier review process. The Complex Track, however, is an enhanced process for challenges that require complex claim substantiation providing businesses and their counsel with a customized experience consisting of flexible and more predictable scheduling, greater transparency into the case review process, and deeper insights into NAD’s perspective on the evidence.    

• Complex Track cases involve complex substantiation, such as challenges that may include multiple expert reports or scientific or other technical evidence that requires significant time to analyze, or that involve numerous claims made for a variety of different products.

Yes. All standard challenges made by companies and/or competitors shall be filed together with payment to BBB National Programs as a filing fee. Filing fee waivers or partial waivers are available if economic hardship is demonstrated.

• The filing fee shall be accompanied by a statement indicating the category into which the challenger’s revenues fall. In the case of a challenge filed by a subsidiary, the filing fee is determined by the gross annual revenue of the parent company.
• If a case is opened but subsequently administratively closed for any reason other than consent of the parties pursuant to Section 2.2(E), 50% of the filing fee will be refunded.

If the advertiser agrees to comply with any recommended changes to their advertising, the case is closed. If the advertiser does not agree to comply, it is referred to the FTC and other appropriate regulatory agencies. NAD may also report misleading advertising to the platform on which it was found, including Facebook, for review as to whether the challenged claims comply with platform advertising policies.

If the advertiser appeals or a challenger’s request to appeal is granted, the case will be reviewed by the National Advertising Review Board (NARB).

The burden of proof is on the advertiser in an NAD challenge. The challenger may submit evidence that demonstrates the challenged advertising claims are not truthful and accurate.

Except for the Fast-Track SWIFT cases, which are completed within 20 business days, the review process can take from four to six months depending on the complexity of the case. Complex Track cases may take longer. Both parties usually have the opportunity to submit two letters in support of their arguments, with the advertiser providing the final submission.

Yes. After receiving the advertiser’s response, the challenger can decide to waive its right to a reply. This typically happens when the advertiser’s response provides little to no evidence in support of the challenged claims. The advertiser will be notified of the challenger’s decision to expedite the process and meetings with the parties will be scheduled. See Section 3.3(B) of the Procedures.

• The advertiser’s submission should explain why the challenged advertising claims are supported and provide evidence substantiating any advertising claims that require support, as well as assert any jurisdictional objections to the proceedings. NAD will evaluate the evidence provided as substantiation for reliability. As a result, summaries or excerpts of test results are unlikely to provide sufficient information for NAD to evaluate the reliability of the evidence.

• If the advertiser chooses to voluntarily and permanently discontinue its challenged claim, it should say so in writing. In such instances, NAD will not render a decision on the merits. Rather, NAD will treat this claim, for compliance purposes, as though NAD recommended its discontinuance and the advertiser agreed to comply.

• Confidential information, if any, can be submitted in accord with NAD procedures, which state that the challenger should be given a separate comprehensive summary of the withheld confidential information. The advertiser must provide NAD with both the redacted/summary and unredacted version of the written response.

No, counterchallenges are not allowed. However, an advertiser can file a separate challenge pursuant to Section 3.1 of the Procedures.

If the parties consent in writing to the closure of the case before NAD issues its decision, NAD will administratively close the case. Cases closed based on consent of the parties will be reported in the NAD/CARU Case Reports as “Administratively Closed on Consent of Parties.” However, NAD can open a case based on the same or similar claims as part of its monitoring responsibility. See Section 2.1 of the Procedures.

If there is a government inquiry, NAD would not close the case. Cases are only closed if the advertising is the subject of a federal government agency consent decree or order. If there is pending litigation, NAD will ask to see a copy of the complaint in the pending court case. If NAD determines that the claims challenged are the subject of pending litigation, NAD will advise the challenger that the complaint is not, or is no longer, appropriate for formal investigation in this forum and will administratively close the case file and report this action in the next issue of the NAD/CARU Case Reports. If only some of the claims are the subject of pending litigation, NAD will advise the advertiser that the case will proceed as to the claims that are not the subject of pending litigation. See Section 2.1 of the Procedures.

If an advertiser informs NAD in writing that some or all challenged claims were permanently discontinued prior to the commencement of the challenge and that the claims at issue will not be used by the advertiser in any future advertising for the product or service, then NAD will administratively close the case file as to those claims.  If all claims were permanently discontinued prior to the commencement of the inquiry, the entire matter will be administratively closed, and NAD will report this action in the next issue of the NAD/CARU Case Reports.

If the advertiser chooses to voluntarily and permanently discontinue some or all of the challenged claims during the inquiry, it must so indicate in writing. NAD will not render a decision on the merits regarding the permanently discontinued claims. Rather, NAD will treat the claims, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.

See Section 2.1 of the Procedures.

NAD almost always offers the parties an opportunity to meet and discuss the advertising challenged and the substantiation provided. The parties meet with NAD separately. The challenger’s meeting takes place first followed by the advertiser’s meeting. NAD’s case manager will contact the parties during the challenge to schedule meetings.

The meeting is an opportunity for parties to discuss their positions with NAD, and for NAD to ask follow-up questions. Any discussion must be limited to arguments and evidence already in the record. Often parties prepare a presentation, but such a presentation is not required. Each party has the discretion to bring representatives from the business or other experts based on the issues and evidence before NAD. There is no time limit for the meetings and the length of the meeting depends on the complexity and number of issues associated with the challenge but generally meetings last 60-90 minutes.

If the advertiser agrees to comply, the case is closed. If the advertiser does not agree to comply, it is referred to the FTC and other appropriate regulatory agencies. NAD may also report misleading advertising to the platform on which it was found, including Facebook, for review as to whether the challenged claims comply with platform advertising policies. If the advertiser appeals or a challenger’s request to appeal is granted, the case will be reviewed by the National Advertising Review Board (NARB).

Yes. As part of our public interest mission to ensure consumers receive truthful and accurate information about advertising, and to level the playing field for advertisers, a case decision press release is issued with every decision that summarizes the decision. The full text of each case decision is available via subscription to the Online Archive. NAD decisions are not evidence of wrongdoing by an advertiser. Rather they reflect the advertiser’s willingness to participate in advertising self-regulation and to ensure that its claims are truthful and accurate, increasing goodwill and consumer trust in advertising. Because of this, the use of NAD’s case decisions for publicity purposes by either party is strictly prohibited.

• The use of NAD’s decision for publicity purposes by either party is strictly prohibited. NAD can and has issued press releases admonishing companies who have violated this important part of NAD’s procedures. Either party can refer anyone interested in learning more about the inquiry to the NAD decision.  

• NAD also reserves the right to refuse to open or to continue to handle a case where a party to an NAD proceeding publicizes, or otherwise announces to third parties not directly related to the case the fact that specific advertising will be, is being, or has been, referred to NAD. It is essential to uphold the confidentiality of the proceedings to maintain a professional, unbiased atmosphere in which NAD can affect a timely and lasting resolution to a case in the spirit of furthering voluntary self-regulation of advertising and the voluntary cooperation of the parties involved.

Case summaries for all self-regulatory programs can be found available to the public in the BBB National Programs case library. Full case decisions are available with a subscription to the BBB National Programs Online Archive.

A letter from NAD opens any inquiry and identifies the claims and advertising to be reviewed, the deadline for a response, and the NAD attorney assigned to the matter. Advertisers are also given a contact at NAD who can explain the process or handle any requests for extending the deadline for a response.

Typically, NAD will meet with the advertiser and may ask for additional information either before or after the meeting.  The meeting allows both NAD and the advertiser to ask any questions they have about the advertising claims, the support for the claims, and the process itself.

When NAD reaches its decision, NAD sends a draft decision to the advertiser who has five (5) business days to submit an advertiser’s statement indicating whether it will comply with or appeal NAD’s findings in whole or in part.

Participation in the self-regulatory process is voluntary.  However, pursuant to the NAD’s procedures, if an advertiser refuses to participate (or does not respond to NAD’s opening letter) or refuses to comply with NAD’s recommendations, NAD will refer the matter to the appropriate regulatory agency, usually the Federal Trade Commission (FTC), and issue a press release. The FTC keeps a transparent record of referrals from divisions of BBB National Programs, including NAD. Frequently, after a referral to the appropriate regulatory authorities, advertisers who refuse to participate will return to NAD and those who refused to comply with NAD’s recommendations will modify their advertising.

You do not need to hire an attorney; however, legal counsel on the laws and guidance on advertising claim substantiation can be beneficial.

The inquiry letter you receive concerns only your advertising. However, NAD encourages companies that believe a competitor’s advertising is misleading to open a competitor challenge – either a Single Well-Defined Issue Fast Track (SWIFT) or Standard Track challenge. Although a competitor challenge requires a filing fee, filing fees are tiered based on the size of the company and can be waived in full or in part based on a showing of financial hardship.

NAD does not preapprove advertising claims. However, NAD’s decision and the decisions on its online archive spanning nearly 50 years (available by subscription or per-case basis) provide a wealth of information to help you craft advertising going forward.

NAD initiates its monitoring cases through its own review of advertising and can evaluate a suggested monitoring case against its monitoring criteria, described above.

Fast-Track SWIFT (Single Well-defined Issue Fast Track) is an expedited process designed to provide a quick resolution of a challenge involving single express or implied claims that does not require complex claim substantiation. A challenge is appropriate for Fast-Track SWIFT if it challenges a single well-defined issue that does not require review of complex evidence or argument and will be capable of resolution within the Fast-Track SWIFT timeline.

Fast-Track SWIFT-Disclosure challenges review the prominence or sufficiency of disclosures and follows the same procedures as a standard Fast-Track SWIFT challenge except that filing a brief is optional in Fast-Track SWIFT-Disclosures challenges.

A case that is not appropriate for Fast Track SWIFT or Fast-Track SWIFT-Disclosure may be transferred to NAD’s standard or complex track processes. Decisions are issued within 20 Business days from the date payment of the fee is received and the advertiser receives the challenges.

NAD will issue its decision within 20 business days from the day the advertiser receives the challenge and payment of the fee has been received by BBB National Programs. The deadlines for submissions are as follows (business days exclude holidays and weekends).

Fast-Track SWIFT challenges are limited to a single issue. Claims that may be worded slightly differently but still convey the same message can be brought in a single challenge. Initially, NAD will only accept three types of claims for consideration in a Fast-Track SWIFT challenge: 

• Misleading express or implied claims that do not require review of complex evidence or substantiation such clinical or technical testing or consumer perception evidence
• The prominence or sufficiency of disclosures including disclosure issues in influencer marketing, native advertising, and incentivized reviews
• Misleading pricing and sales claims

A challenger submits a SWIFT challenge, with filing fee, via NAD’s online portal. If filed after 4:00 PM ET, the challenge is considered received on the next business day. See “Filing a Complaint,” section 6.1(A) of the Procedures.

Challenges must include:

• The advertiser’s contact information, including identifying the correct person to whom the challenge should be directed
• A copy of the challenged advertising and the date(s) and platforms(s) the challenged claim appeared
• A brief description of the facts showing how the advertising is likely controlled by the advertiser
• Exhibits to support the argument that the challenged claim is not substantiated (if applicable).
• A brief statement as to why the challenged claim is appropriate for the SWIFT process
• All briefs should be limited to no more than five pages.

See “Filing a Complaint,” section 6.1(A) of the Procedures.

Within two business days from the date of online filing, after the filing fee has been processed, NAD will determine whether the challenge is appropriate for the SWIFT process. If NAD accepts the SWIFT challenge, NAD will forward it to the advertiser. See Section 6.1(A) of the Procedures.

When NAD determines a case is not appropriate for Fast-Track SWIFT, NAD will notify the challenger who has the option to refile the challenge in the standard track. If the challenger chooses to withdraw the case, NAD will close the Fast-Track SWIFT challenge and refund a portion of the filing fee. See "Appropriateness for SWIFT," Section 6.1(C) of the Procedures.

An advertiser submits all responses via NAD’s online portal. If filed after 4:00 PM ET, the response is considered received the next business day.

Yes. An advertiser has an opportunity to object that a case is not appropriate for review in the NAD Fast-Track SWIFT process because it believes that the evidence required to substantiate a claim is too complicated to be evaluated in SWIFT, or because of jurisdiction.

If an advertiser objects to the issue being resolved as an NAD Fast-Track SWIFT case, it should, within four business days after NAD transmitted the challenge to the advertiser, send its objection in writing via the online portal to NAD and the challenger. If an advertiser chooses to file evidence in support of its objection, it may submit any evidence in support of its objection to the NAD Fast-Track SWIFT process confidentially to NAD without providing a copy to the challenger.

If NAD agrees with the advertiser, NAD will notify parties and the challenger will have the option to refile the challenge in the Standard or Complex track or close the challenge. If the challenger chooses to withdraw the case, NAD will close the Fast-Track SWIFT challenge and refund a portion of the filing fee. See "The Advertiser's Objection and Substantive Written Response," Section 6.2 of the Procedures.

No. If the advertiser submits an objection to the challenge being determined in the SWIFT process, the challenger receives the arguments, and the advertiser may submit any supporting evidence confidentially to NAD. The challenger does not have the opportunity to respond.

NAD will inform the parties within two business days of its decision on the objection. However, the advertiser should assume that the challenge is proceeding as a SWIFT case while NAD is making its decision. The time NAD takes to make its determination does not toll the time for the advertiser’s substantive response.

No. After the advertiser submits its response, the record is closed. The only submission permitted by the challenger is its initial challenge submission. Section 6.2(B) of the Procedures.

Meetings will be scheduled within five business days of the advertiser’s submission.  A party's unavailability for a meeting within the five-day time period will not toll the time to decision. The parties may schedule meetings in any order (e.g., challenger meeting does not have to occur first, although it is preferred). See “Additional Information and Meetings with the Parties,” Section 6.3 of the Procedures.

NAD will issue its decision no later than twenty business days after payment is received and the challenge is transmitted to the advertiser. The decision will be sent to both parties simultaneously via email. Once the decision is sent, it will also be published in the BBB National Programs Online Archives. See “The Final Case Decision” and “Publication of the Case Decision,” sections 6.4(A) and 6.4(C) of the Procedures.

Advertisers may, if they choose, submit an Advertiser’s Statement to be included in the decision when the press release is issued. See "Advertiser's Statement," Section 6.4(B) of the Procedures.

A summary of the case decision will be published when the SWIFT challenge results in an NAD decision. The decision summary may cover aggregated SWIFT decisions or be issued after the decision has been sent to the parties.

Yes. Advertisers may appeal by right. See “Appeals," Section 7.1(A) of the Procedures.

No. Challengers may not appeal or cross-appeal. See “Cross Appeal” and “Challenger Appeal,” sections 7.1(B) and (C) of the Procedures.

See “Appeals,” section 3.1 through “Govern Appeals,” section 7.1 of the Procedures.

• Day 0: The clock starts to run when NAD sends the decision to the parties, which is day 0.
• Day 3: The Advertiser’s statement of appeal is due.
• Day 8: The Appellant’s brief is due. The Appellant must submit an electronic version of the entire record with numbered pages to NAD, NARB, and the challenger—See "Appellate Case Record," Section 7.1(D) of the Procedures. Where necessary, the advertiser can supply a non-confidential and confidential appeal record. The appeal brief must not exceed 15 pages double-spaced (12-point type). No extensions of time will be granted.
• Days 10-14: Any objections to the case record are due. The challenger or NAD may object to the advertiser’s case record and submit to the NARB Chair suggested case record corrections. Within two business days of receiving an objection, the Chair will make a final determination on the objection(s).
• Day 17: The Appellee’s responsive brief is due. The appeal brief must not exceed 15 pages, double-spaced, 12-point type. No extensions of time will be granted.

Oral arguments before the NARB panel will be held via video conference with an NARB panel and will be scheduled by NARB.

NARB is currently made up of 97 professionals from three different professional backgrounds: (i) national advertisers (47), (ii) advertising agencies (34), and (iii) public members (academics and other members of the public sector) (16). Each appeals panel consists of three national advertisers, one agency representative, and one public sector representative. The term for membership is two years, and each member is eligible to be re-appointed for two additional two-year terms.

Yes. The fee to appeal or cross-appeal an NAD decision to the NARB is $27,000 for National Partner members and $33,750 for companies who are not National Partner members. Challengers must include a non-refundable review fee of $5,000 with their letter requesting permission to appeal, which will be credited toward the filing fee for the appeal if the appeal is granted. If the NARB Chair grants a challenger’s request for an appeal, the challenger submits an additional $22,000 or $28,750 (National Partner and non-National Partner fees, respectively). BBB National Programs can waive or reduce the fee for any appellant or cross-appellant who can demonstrate economic hardship.

Yes, a challenger can cross-appeal any claims/issues not appealed by the advertiser by submitting a request to the NARB Chair within five business days of receipt of the final case decision. In the case of a challenger appeal, the advertiser can appeal additional claims/issues by submitting a request to the NARB Chair within five business days of receipt of the NARB Chair’s decision to allow the challenger appeal.

The appeal begins with the submission of the advertiser’s statement. The NAD attorney submits the case record to NARB within five business days. When the digitized case record is sent out to all parties, the briefing schedule begins. Within ten business days of receipt of the case record, the advertiser submits its brief to NARB. The challenger submits its brief within ten business days of receipt of the advertiser’s brief. The process will differ if there is a cross- appeal. Hearings  take place virtually, during which parties deliver oral arguments and panel members  question the parties. The panel deliberates after which the NARB Chair will transmit the decision to NAD and then to the advertiser. Within five business days of receipt of the decision, the advertiser must submit a statement agreeing to the Panel recommendations, or it will be referred to an appropriate government agency.

Yes. The fee to appeal or cross-appeal a CARU decision to the NARB is $25,000. Challengers must include a non-refundable review fee of $5,000 with their letter requesting permission to appeal, which will be credited toward the filing fee for the appeal if the appeal is granted. If the NARB Chair grants a challenger’s request for an appeal, the challenger submits an additional $20,000 (having already submitted a review fee of $5,000). BBB National Programs can waive or reduce the fee for any appellant or cross-appellant who can demonstrate economic hardship.

The appeal begins with the submission of the advertiser’s statement. The CARU attorney submits the case record to NARB within five business days. When the digitized case record is sent out to all parties, the briefing schedule begins. Within ten business days of receipt of the case record, the advertiser submits its brief to NARB. The challenger submits its brief within ten business days of receipt of the advertiser’s brief. The process will differ if there is a cross- appeal. All parties to a matter before the panel shall be given notice of any meeting at which the matter is to be presented to the panel upon scheduling. Such notice shall set out the date and place of the meeting, and the procedure to be followed. The panel deliberates after which the NARB Chair will transmit the decision to NAD and then to the advertiser. Within five business days of receipt of the decision, the advertiser must submit a statement agreeing to the Panel recommendations, or it will be referred to an appropriate government agency.

Yes. The advertiser shall notify NAD and NARB within three business days of NAD’s transmission of its decision to the advertiser, stating that it intends to appeal the decision. An advertiser may not appeal NAD’s decision that a case is appropriate for Fast-Track SWIFT.

All documents shall be transmitted electronically. All advertiser requests to appeal a Fast-Track SWIFT case decision to the NARB shall be filed together with payment by acceptable method in the amount of $30,000, made payable to BBB National Programs, Inc, submitted as per instructions from the NARB Manager. In such cases, NAD will publish its decision and the Advertiser’s Statement in the next Case Reports under the heading “Advertising Referred to NARB.” The Executive Vice President, Policy, of BBB National Programs shall have the discretion to waive or reduce the fee for an appellant or cross-appellant who can demonstrate economic hardship.

The advertiser shall prepare the case record, including page numbers, and forward copies electronically to the challenger, NARB, and NAD within eight business days of its receipt of NAD’s decision. The case record for NARB shall not contain any evidence or facts that are not in the case record forwarded to NAD in the underlying proceeding. If the advertiser submitted confidential information, it shall prepare a redacted case record with page numbers, and forward copies electronically to the challenger, NARB, and NAD, and it shall prepare an unredacted case record with page numbers and forward copies electronically to the NARB and NAD. The failure to prepare and forward a case record will result in dismissal of the appeal.

Within two business days of receiving the case record, either NAD or the challenger may object to the advertiser’s case record and submit suggested case record corrections to the NARB Chair. Within two business days of receiving an objection, the Chair will make a final determination on the objection(s).

All submissions shall be sent electronically. The advertiser shall, within eight business days of its receipt of NAD’s decision, submit electronically to the NARB Chair, addressed as indicated in Section 5.2(B) with a copy to NAD, a letter not to exceed 15 double-spaced pages, 12-point type, explaining its position. The appellant shall send a copy of the letter to the opposing party who shall have eight business days after its receipt to submit a response electronically, not to exceed 15 double-spaced pages, 12-point type, to the NARB Chair with copies to the other party and to NAD. No other submissions shall be made.

Three NARB panel members will preside over a Fast-Track SWIFT appeal. The NARB Chair has absolute discretion to choose which types of members will comprise the panel. A concurring vote of two members is required to decide any substantive question before the panel. The panel will meet at the call of NARB. The NARB Panel Chair will preside over its meetings, hearings, and deliberations. Any panel member may write a separate concurring or dissenting opinion, which will be published with the majority opinion. The appeal will be held by telephone or video conference, at the discretion of the NARB Chair.

The challenger shall have no right to a cross-appeal or to request leave to appeal from a Fast-Track SWIFT decision to NARB.

The process follows the same process as a Standard Track NAD case.

Can I appeal a non-merits issue?

Yes. Pursuant to Section 2.1-O of the Procedures, an advertiser can appeal a non-merits issue, for example, an issue relating to NAD’s alleged non-compliance with its procedures or to the exercise of NAD’s jurisdiction, and a challenger can do so on a cross-appeal or an authorized challenger appeal. Non-merits appeals are addressed to, and resolved by, the NARB Chair, in advance of the hearing on the merits. The grounds for a non-merits appeal is that NAD’s decision was clearly erroneous.

In Standard and Complex Track cases, a party’s memorandum raising non-merits issues is due within 5 business days of the receipt by the parties of the NAD record on appeal. The response is due within 7 business days thereafter. NAD may submit written comments on or before the date for the submission of the opposing party’s response. Non-merits appeal submissions are limited to 8 pages, which is not deducted from the total number of pages authorized for that party’s appeal to the NARB panel on the merits issues. 

In a Fast-Track SWIFT case, the advertiser must submit its written submission raising non-merits issues on the same date it submits the record and its merits brief. The challenger’s response is due within 4 business days thereafter. NAD may submit written comments on or before the date for the submission of the challenger’s response. Non-merits submissions are limited to 3 pages which is not deducted from the total number of pages authorized for addressing merits issues.

The NARB Chair may in his/her discretion advise the panel of the resolution of the non-merits issues if the resolution could bear on the panel’s deliberations. A non-merits appeal does not toll any established deadlines for the appeal on merits issues.

At the request of NAD, the challenger, or a third party, or at its own initiative, NARB may request the advertiser provide an update on the status of the modifications it has made to its advertising within 10 business days. If the NARB determines that the advertiser has made a bona fide good faith effort to comply with the Panel Decision and no additional changes are not necessary, it will close the inquiry pursuant to Section 8.1(4)(a). If the NARB determines that the advertiser has made a bona fide good faith effort to comply with the Panel Decision and additional changes are necessary, the advertiser will have 5 business days to indicate whether it will make the modifications requested. If the advertiser agrees to make the additional modifications, NARB will close the inquiry pursuant to Section 8.1(B)(4)(c)(i). If the advertiser does not agree to make any additional modifications (or NARB determines no bona fide good faith effort has been made in the first place), NARB will refer the matter to the appropriate government agency pursuant to Sections 8.1(B)(4)(b) and 8.1(B)(4)(c)(ii), respectively. (A press release will also be issued.)

The principal responsibility of the NARB Chair and Vice-Chair (“Chair”) is to serve as the legal advisor to NARB appeals panels. As panel advisor, the Chair reviews the briefs and the NAD record in advance of the hearing, guides the panel members in their preparation, is present during the hearings, advises the Panel Chair as appropriate concerning evidentiary objections at the hearing, attends the panel deliberations, drafts a written decision to document the panel’s decision and recommendations, and circulates the draft to obtain final Panel-member concurrence. The legal advisor does not influence the outcome on truth-in-advertising issues but is ­available to offer guidance on any procedural and jurisdictional issues that may arise. 

In addition, applying a “clear error” standard of review, the Chair decides appeals relating to compliance with National Advertising Division (NAD) procedures or to the exercise of NAD’s jurisdiction. The Chair supervises staff efforts seeking to ensure that NARB decisions are issued timely and without unnecessary delay, and in that capacity rules on party requests for extensions. The Chair also determines whether to grant challenger petitions to appeal an NAD decision, rules on party applications challenging NARB briefs on the grounds that they contain facts or evidence that is outside the NAD record, and issues reports following compliance reviews relating to NARB panel recommendations.

CFBAI is a voluntary self-regulation pledge program created to improve the children’s food and beverage advertising landscape. Food and beverage companies and quick serve restaurant companies that participate in CFBAI have agreed to the CFBAI Core Principles to help address the challenge of childhood obesity. Under the Core Principles, participants commit that, in advertising primarily directed to children under age 13 in the United States (U.S.), they will either not advertise any foods or beverages to children in this age group or will advertise only foods or beverages that meet CFBAI’s Category Specific Uniform Nutrition Criteria.

CFBAI is administered by BBB National Programs, which also administers the Children’s Advertising Review Unit (CARU). CARU’s Guidelines apply to all companies that advertise to children and address how all products, including foods, are advertised to children. CFBAI’s Core Principles apply only to CFBAI participants and determine what foods they can advertise to children in covered media.

In 2006, BBB National Program’s predecessor organization, the Council of Better Business Bureaus, and leading U.S. food and beverage advertisers created CFBAI to respond to recommendations from the Federal Trade Commission (FTC) and the Institute of Medicine (IOM) that self-regulation do more to address concerns about food and beverage advertising to children in light of the national problem of childhood obesity. IOM had recommended that food and beverage companies shift their child-directed advertising emphasis to foods and beverages that are lower in calories, fats, salt, and added sugars, and higher in nutrient content. FTC had recommended that self-regulation could do more to address concerns about how foods are marketed to kids. CFBAI was created with the goal of improving the children’s food advertising landscape through nutrition standards for foods advertised in child-directed media.

Originally 10, now the 21 leading food and restaurant companies that participate in CFBAI have evolved the foods they advertise to children and how they advertise to do their part to help address childhood obesity in the U.S. The founding CFBAI participants were Campbell Soup Company; The Coca-Cola Company; General Mills, Inc.; The Hershey Company;  Kellogg Company; Kraft Foods Inc.; Mars, Inc.; McDonald’s USA, LLC; PepsiCo, Inc.; and Unilever USA.

CFBAI is a dynamic program that has demonstrated continuous incremental improvement since its launch. Its Core Principles have regularly been updated to reflect changes in children’s media environments and evolving government dietary guidance.

Currently 21 of the leading U.S. food, beverage, and restaurant companies participate in CFBAI.

• Burger King Corporation
• Campbell Soup Company
• The Coca-Cola Company
• Conagra Brands, Inc.
• Danone North America, PBC
• Ferrara Candy Company
• Ferrero USA, Inc.
• General Mills, Inc.
• The Hershey Company
• Hostess Brands, LLC
• Kellanova
• Keurig Dr Pepper, Inc.
• The Kraft Heinz Company
• Lindt & Sprüngli USA Inc.
• Mars, Incorporated
• McDonald’s USA, LLC
• Mondelēz Global, LLC
• Nestlé USA
• PepsiCo, Inc.
• Post Foods, LLC
• Unilever USA

Overall, these companies represent the vast majority of food advertising directed to children in terms of the number of ads and the ad spend. Participating companies vary in their product portfolios. While some participants may advertise products to children in accordance with CFBAI’s standards, others have committed to not advertise foods or beverages to children at all.

CFBAI participation is open to all food, beverage, and restaurant companies and not all companies that advertise foods generally or to children participate in the program. CFBAI actively seeks out and is always open to new participants. Responsible marketing practices, especially regarding children, are an important part of corporate social responsibility and CFBAI welcomes non-participants to join the program or use its strict Uniform Nutrition Criteria when advertising to children.

Modeled after CFBAI, the Children’s Confection Advertising Initiative (CCAI) is a voluntary, opt-in program designed for members of the National Confections Association that wish to follow CFBAI’s Core Principles. All CCAI participants commit to not engage in advertising primarily directed to children under age 13 and to not advertise to children in elementary schools, the same basic commitments of the five confectionery companies that participate in CFBAI.

CCAI was created in 2016 in partnership with the National Confectioners Association (NCA).

CCAI was created to allow small-to-medium sized confectionery companies to take part in efforts to improve the children’s advertising landscape. CCAI recognizes that many confectionery companies have fewer administrative resources than those already participating in CFBAI. Because that disparity can present a barrier to participation in the full CFBAI, the CCAI’s administrative requirements are more streamlined than those in CFBAI.

First, CCAI participants do not submit an individual pledge. Instead, participation is noted on BBB National Program’s CCAI webpage. Second, CCAI participants are not required to submit annual self-assessments. Each CCAI participant submits an annual certification that it has complied with the CCAI Core Principles. CFBAI also independently monitors compliance with CCAI participants’ commitment not to engage in advertising primarily directed to children in measured and other covered media.

Under CFBAI’s Core Principles (or “standards”), participants commit to advertise only foods that meet CFBAI’s nutrition criteria or to not advertise foods to children at all. CFBAI’s media coverage includes child-directed TV, print, radio, digital media, product placements and product integrations, and mobile media. All participants also agree to not market any foods to children in elementary and middle schools.

Additionally, all participants have a policy to not engage in advertising primarily directed to children under age six.

CFBAI has updated its Core Principles several times to address the evolving food advertising landscape. Recent updates have revised the advertising coverage of the program from “advertising primarily directed to children under age 12” to “advertising primarily directed to children under age 13" (aligning with the updated CARU Guidelines) and expanded participants’ commitment to not advertise to children in elementary schools to also include children in middle schools.

All participants must comply with CFBAI’s Core Principles. Each participant develops a company-specific pledge that details how it will meet the Core Principles. Participants that advertise foods to children must submit nutritional information regarding foods they may advertise to children to the CFBAI program administrator before advertising them. CFBAI’s website maintains a Product List that reflects these foods and that is regularly updated.

The program administrator monitors covered media for compliance and requires participants to submit detailed self-assessments annually. If the administrator identifies compliance issues with a participant’s advertising, the administrator contacts the company and requests relevant information, such as copies of advertising, media plans, audience demographic data or nutrition information. CFBAI also accepts complaints, although complaints regarding compliance with the Core Principles are rarely submitted. CFBAI publishes annual reports that discuss participants’ compliance and the program’s progress, including information on the foods advertised to children and their nutrition profiles.

A participant may be terminated for non-compliance with its pledge and, if appropriate, referred to regulatory authorities.

Advertisers have long recognized that children are a unique audience that warrant special protections. Children’s ability to understand advertising develops and matures over time, and studies suggest various ages at which they begin to understand the persuasive intent of advertising. It is generally agreed that by age 13 most children can think critically about advertising. Teens have significantly different interests and understanding and have greater cognitive abilities to think critically about advertising compared to children. CFBAI was created to address the unique vulnerabilities of this younger age group.

Regular incremental program improvements are a hallmark of CFBAI. CFBAI has revised and strengthened its Core Principles multiple times, including:

• Covering “traditional” media (TV, print, radio, Internet, including company-owned and third-party media) (1st Edition – 2006);
• Expanding the media scope to include new and emerging digital and mobile media in 2009 (2nd Edition, November 2009);
• Harmonizing the audience definition threshold for child-directed advertising in measured media at a minimum 35% threshold (3rd Edition, September 2010);
• Adding compliance monitoring of participants’ policies not to engage in advertising primarily directed to children under age 6 (3rd Edition, September 2010);
• Adopting the CFBAI Category-Specific Uniform Nutrition Criteria, implemented December 31, 2013 (4th Edition, January 2014);
• Strengthening the definition of child-directed advertising (moving to an audience definition standard of 30% children under 12 from 35% children under age 12); formally covering advertising on open-access platforms and channels with child-directed content, such as YouTube; adding the use of influencers in child-directed communications; (5th Edition, May 2020);
• Incorporating CFBAI’s 2018 Category-Specific Uniform Nutrition Criteria, 2nd edition (5th Edition, May 2020);
• Modifying the influencer commitment to note the larger regulatory and self-regulatory framework requiring that influencer endorsements must disclose material connections between the endorser/influencer and the brand (5th Edition, September 2021).
• Expanding the advertising coverage of the program from “advertising primarily directed to children under age 12” to “advertising primarily directed to children under age 13” (6th Edition, implementation January 2023).
• Expanding participants’ commitment to not advertise to children in elementary schools to also include children in middle schools (7th edition, May 2024).

CFBAI’s Core Principles focus on advertising on child-directed media, specifically advertising on TV, radio, print, and digital media, including company and third-party websites, mobile media and apps, child-directed content on open-access platforms such as YouTube, influencer communications, DVDs, product placements, product integrations, and word-of-mouth communications.

Packaging, in-store, and point-of-sale communications are forms of marketing that are primarily directed to the person making the food purchasing decision, which almost always is an adult gatekeeper. Therefore, these types of communications are not covered under CFBAI’s Core Principles.

For some media, there is reliable audience demographic data to measure the age of an audience. CFBAI refers to these as “measured media.” For measured media such as TV, advertising primarily directed to children means advertising in media in which 30% or more of the audience is under the age of 13. Some participants use an even stricter 25% threshold. This audience demographic standard covers most advertising on child-directed TV networks such as Cartoon Network, Disney, Disney XD, Nickelodeon, Nicktoons, TeenNick and others.

In digital media, when audience composition is known, CFBAI considers advertising to be primarily directed to children under age 13 if 30% or more of the site, app, or content visitors are children under age 13. Because audience measurement data for children is more readily available in the U.S. for children under age 12, CFBAI participants may apply a 27% audience threshold for children under 12 as an approximation (proxy) for a 30% audience threshold for children under 13. In the digital environment, however, reliable audience composition data may not be available to make this determination. In such cases, an ad will be deemed primarily directed to children under age 13 based on an evaluation of multiple factors. These factors include age demographics for the site or digital content, an assessment of the overall nature of the content (e.g., the subject matter of the site or video, the visual content, the language used, the kind of music or audio content, the age of influencer or influencers featured in the content), and actions taken to restrict children’s access to the site or content. Platforms or content developers also may provide content identifier tools that indicate whether content is child-directed. Advertisers also can use age-targeting tools, interest-based or behavioral factors, and “do not serve” lists to avoid serving an ad to children under age 13.

CFBAI participants’ child-directed food advertising should clearly and prominently feature qualifying foods that meet CFBAI’s nutrition criteria.

The Core Principles apply to advertising primarily directed to children under age 13 on platforms such as YouTube that may have content or channels that are primarily directed to children under age 13.

CFBAI refers to YouTube because it is the leading example of an open-access platform with content directed to children. CFBAI views media platforms that restrict children under age 13 differently. A platform’s use of valid age verification to restrict access creates a presumption that an advertiser on such platforms is not intending to primarily direct its advertising to children under age 13.

Content on participants’ corporate or brand social media sites should not be primarily directed to children under age 13.

Yes. If participants advertise a food or beverage through a child-directed influencer communication, that food or beverage must be a qualifying food or beverage (Section II.E of the Core Principles).

As noted in the Core Principles, influencer communications directed to children also must comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising as well as FTC advertising disclosure requirements, including that ads should clearly and prominently disclose if influencers have been paid or otherwise compensated or incentivized to endorse a food or beverage.

As explained in CARU’s Guidelines, which apply to all products advertised to children, content generated by a user who has no material connection to a product, service, character, or brand mentioned or depicted in that content is not advertising. Accordingly, such content would not be covered by CFBAI’s Core Principles. However, if a participant uses or incorporates such content in advertising primarily directed to children, then the use or incorporation of such content is covered by CFBAI’s Core Principles.

CFBAI’s Category-Specific Uniform Nutrition Criteria apply to all child-directed food advertising by CFBAI participants. CFBAI participants may advertise only foods that meet these nutrition criteria in child-directed advertising.

CFBAI’s nutrition criteria set standards for most types of foods and cover 17 categories that recognize the different dietary roles of individual foods and their varied nutrient or ingredient compositions (e.g., Juices, Milks, Yogurts, Cereals, Snacks, and Meals). The criteria set limits on nutrients that public health authorities recommend that Americans limit (calories, saturated fat, added sugars, sodium) and set minimum requirements for food groups and nutrients that should be encouraged (e.g., food groups like dairy, fruits, vegetables, and whole grains, or important vitamins and minerals like Vitamin D and calcium).

CFBAI publishes a Product List twice a year that provides information on participants’ products that meet the nutrition criteria and that companies have indicated they may advertise to children.

CFBAI maintains a robust, collaborative, and science-based approach to driving improvements and innovation by setting nutrition standards for foods advertised to children. CFBAI reviews the Uniform Nutrition Criteria periodically to ensure it reflects current nutrition science and government guidance. The most recent version of CFBAI’s Uniform Nutrition Criteria, announced in 2018, was the result of an objective and comprehensive review that focused on the 2015 Dietary Guidelines for Americans and the U.S. Food and Drug Administration’s (FDA) 2016 overhaul of food labeling regulations. CFBAI’s revised nutrition criteria went into effect in January 2020. CFBAI’s White Paper explains the revisions and the basis for the revised criteria.

CFBAI adopted improvements that impacted every category. The revised criteria implemented an “added sugars” criteria rather than “total sugars” criteria to align with FDA’s new Nutrition Facts Panel; reduced sodium in 13 of 17 categories; strengthened the NCTE requirements in important ways, including updating the criteria for whole grain foods and requiring more food groups in categories that typically make significant contributions to children’s overall daily diet; and limited nutrient-based qualifiers to “under-consumed” nutrients rather than “essential” nutrients.

The U.S. Department of Agriculture (USDA) determines what foods can be sold or provided as part of the National School Lunch Program and the School Breakfast Program. USDA also allows foods that meet its “Smart Snacks” nutrition standards to be sold “in competition” with these programs. This means that schools sell and provide branded foods and beverages and children may see brand names and logos on products, or on the racks, devices, menus, or placards that identify or hold foods that are for sale.

CFBAI’s Core Principles do not allow advertising of branded foods or beverages in elementary or middle schools, even foods that meet CFBAI’s Uniform Nutrition Criteria or USDA’s Smart Snack standards. This restriction covers the use of posters, scoreboards, school buses, pencils, book covers, other school supplies offered for sale in school, textbooks, tray liners, cups, napkins, plates, coolers, food samples, taste tests and other places advertising may appear. (The commitment is not intended to interfere with the ability of schools to conduct food or beverage taste tests to assess what foods or beverages to offer for sale at school.)

The elementary and middle school commitment applies to the entire elementary and middle school and school grounds and facilities, including classrooms, cafeterias, libraries, hallways, auditoriums, gyms, playgrounds, and athletic fields. The restriction also covers school buses that transport children to and from elementary or middle school and to official, school-sponsored events at an elementary or middle school.

The commitment covers the regular and extended school day when children are under the control of the school or third parties on behalf of the school. This means that the commitment covers the period before and after the official school day as well as the time during transportation to and from school and official school-sponsored events. It does not apply to school events held after the extended school day.

Because CFBAI participants recognize that schools are special environments, they have voluntarily agreed not to advertise products to children in elementary or middle schools. At the same time, school administration officials, school-sanctioned organizations, and parent organizations sometimes request that participants support school events or provide donations. CFBAI participants may support charitable fundraising activities in partnership with or at the request of schools. They also may make charitable donations and sponsor public service messages or events at the request of schools. As a matter of transparency and accountability, these events or messages may identify the sponsor. This means that children may see corporate names or logos in limited circumstances that are requested by the school or school groups. Messages regarding these donations or events should not include sales messages or depictions of the participant’s actual branded food or beverage products.

CFBAI also allows participants to communicate with adults such as school administrators and food service employees or parents. For this reason, items given to school or cafeteria employees and communications directed to parents or guardians are not covered.

Some CFBAI participants’ pledges extend this commitment to high schools.

CFBAI’s Uniform Nutrition Criteria set strict nutrition limits for all foods advertised by the program’s participants. As a result, foods advertised to children by CFBAI participants have modest amounts of calories, saturated fat, sodium, and added sugars and provide food groups and/or important nutrients and minerals. CFBAI’s strict nutrition standards apply to its participants’ child-directed advertising, which CFBAI’s 2021 Snapshot found accounted for about 70% of child-directed advertising.

Since the program began in 2007, foods frequently advertised to children by participants have been reformulated  improve their nutrition profile, sometimes multiple times. They also have developed new foods to meet the Uniform Nutrition Criteria. Many cereals have seen increases in whole grains and all cereals provide important nutrients like Vitamin D and calcium. Yogurts have been reduced in sugar and provide calcium and Vitamin D, and products in the Meals category have been enhanced by the addition of a variety of healthier side options and beverages.

CFBAI’s 2021 Snapshot found that the top non-CFBAI participant product categories on children’s TV networks are candy or restaurant foods. These ads typically feature foods or meals that do not meet CFBAI’s nutrition criteria.

CFBAI publishes Annual Compliance and Progress Reports that describe participants’ compliance and program developments. These reports consistently have found excellent compliance by participants with their CFBAI pledges on TV and in digital media. These reports have noted occasions when non-qualifying foods were advertised in covered media to children. However, these lapses are infrequent and when called to a participant’s attention or self-detected, they are quickly remedied, including modification of procedures to prevent re-occurrence.

BBB National Programs’ Global Privacy Division manages various certification and independent accountability mechanisms to support businesses looking to align with internationally recognized standards for cross-border privacy. Businesses that participate in our trusted Global Privacy Division programs know they are receiving first-class services along with up-to-date guidance on global privacy compliance obligations and standards from our deep bench of privacy experts. Learn more about the programs:

• Data Privacy Framework Services
• Cross Border Privacy Rules (CBPR) Program
• Privacy Recognition for Processors (PRP) Program
• Vendor Privacy Program (VPP)

To promote free trade throughout the Pacific Rim, several economies created a multilateral privacy framework to help facilitate the responsible cross-border transfer of personal information. Known as the Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) systems, these frameworks include a set of privacy best practices that represent a global baseline for data protection.

BBB National Programs is an approved Accountability Agent within the CBPR system, meaning that BBB National Programs is empowered to certify U.S. businesses and their global subsidiaries to the CBPR standard. That’s where our CBPR certification comes in. We provide a certification to businesses that can demonstrate compliance with the CPBR. 

The CBPR accountability system allows certified businesses to commit to an achievable compliance mechanism backed by their Accountability Agent and participating governments. This multi-layered accountability system ensures that enhanced privacy protections apply to personal information, even when it moves across borders. 

Similarly, Privacy Recognition for Processors (PRP) was created to serve as a certification for vendors that process personal data on behalf of other companies, consistent with the same security and accountability requirements under CBPR.

These systems are growing in relevance beyond the Asia Pacific region as more jurisdictions recognize that the baseline privacy standards included in these privacy certifications are compatible with their privacy and data protection laws. Because of this, many companies choose to certify their entire global operations to the CBPR standard.

The Vendor Privacy Program (VPP), is designed to match the privacy and security standards of the BBB National Programs’ PRP certification, mentioned above in FAQ 1. The only difference is that VPP businesses can be headquartered anywhere in the world, not just in the United States. This certification allows vendors around the world to demonstrate that they meet the requirements—and embrace similar layers of accountability—as vendors in the PRP system.

VPP allows participating businesses to demonstrate to current and potential customers and consumers implementation of an accountable privacy and security program based on internationally recognized standards. Vendors with a VPP certification confirm that they will meet the established data protection standards outlined in the Vendor Privacy Program Requirements, and are backed by BBB National Programs’ commitment to delivering independent accountability to privacy promises.

STEP 1: Confirm your company is eligible.

STEP 2: Submit the application form to BBB National Programs.

• Apply for CBPR
• Apply for PRP
• Apply for VPP

STEP 3: Review and refine relevant data privacy policies and practices with a BBB National Programs certification specialist to confirm that you meet Program Requirements. See “What should I expect when I apply for a certification?”

STEP 4: Receive your company’s customized Findings Report along with access to the BBB National Programs certification seal.

After you apply, the BBB National Programs team will contact you directly to process your application. BBB National Programs takes a hands-on approach to working with participating businesses to keep them informed about both the substantive privacy requirements of our programs, as well as the administrative requirements to achieve and maintain their certification.

After we have reviewed your account and processed your payment, you will be introduced to your certification specialist or “certifier.” This person will guide you through the certification process, working to compare your policies and procedures to the requirements of the privacy certification for which you have applied. Depending on the maturity of your program, this process can take as little as a few weeks. If gaps are identified, you will need to address those before gaining the certification.

Once approved:

• You will receive a privacy seal and language to include in your privacy policy showcasing your certification.
• As soon as the seal is added to your website, you will appear on the public list of certified companies.
• You will receive a confidential Findings Report, showing the results of our privacy review and explaining how your policies and procedures meet or exceed global privacy standards.

Your participation in a BBB National Programs global privacy certification requires that you remain responsive to outreach from our privacy team. Our ongoing monitoring of your privacy policy and our consumer dispute resolution services mean that we may be in touch with urgent questions about your privacy practices that will require your full attention. Otherwise, you can expect to remain certified until it is time for your annual re-certification. At that time, you will go through a similar review process of your privacy practices, to ensure that they continue to exceed the high baseline standards.

The program requirements for the Cross-Border Privacy Rules certification include fifty controls that expand across nine privacy principles including: Notice, Collection Limitation, Use of Personal Information, Choice, Integrity of Personal Information, Security Safeguards, Access and Correction, and Accountability.

To complete the certification process, you will need to provide information on your organization’s operational policies and technical security controls, with supporting documentation and evidence.

Our certification team will assist you in navigating these questions, no matter how developed your privacy program.

Here are available privacy certifications and their associated costs. To learn more about our Data Privacy Framework Services, contact us at euprivacy@bbbnp.org.

• Privacy Recognition for Processors (PRP): $6,000
• Vendor Privacy Program (VPP, equivalent to PRP but for non-U.S. organizations): $6,000
• Cross-Border Privacy Rules (CBPR): price based on global annual revenue of covered entities under the certification
  • Less than $5 million (fee of $2,500)
  • $5,000,001 to $50 million (fee of $5,000)
  • $50,000,001 to $500 million (fee of $10,000)
  • $500,000,0001 to $2 billion (fee of $20,000)
  • $2,000,000,001 to $50 billion (fee of $25,000)
  • More than $50 billion (contact us)

BBB National Programs’ privacy program certifications are thorough, internationally recognized, and maintain a component of continued oversight once certification is attained. The substantive requirements of the standard align well with other privacy standards around the world, including U.S. state laws and even the GDPR. Many of the key CBPR principles require a business to have systems designed to prevent harm to individuals from wrongful collection and misuse of information. Therefore, privacy protections need to be in place to meet local laws, regulations, and enforcement mechanisms. Certification is evidence that you demonstrated to BBB National Programs, an independent third party how you achieved compliance under these frameworks and more broadly, is evidence of your overall commitment to consumer privacy.

Once your organization is fully certified by BBB National Programs, you will appear on the CBPR Compliance Directory (or PRP Compliance Directory) for certified organizations.

In addition, you will receive a customized Findings Report, which maps your demonstrated policies and practices against the Program Requirements of the relevant certification. This confidential report can even be shared with your business partners as a mechanism of demonstrating more granular information about how you achieved certification.

BBB National Programs will also issue your organization a unique seal to place on your public-facing website. This seal will provide your customers with a link to engage with our robust dispute resolution process.

BBB National Programs is the first ever U.S. non-profit to be approved by participating governments as a recognized CBPR and PRP Accountability Agent. Our programs serve to build a more trusted marketplace for consumers through the development and delivery of effective third-party accountability and dispute resolution programs.

Privacy certifications from BBB National Programs (such as CBPR, PRP, and VPP) cover the global privacy operations of a business, based on the policies and procedures that the business has implemented. An independent review from our Global Privacy Division includes the type of interactions a business might expect in seeking other industry standard privacy and security certifications (such as SOC-2 or ISO 27701). Our team of experts will focus on ensuring that your business has implemented robust policies and procedures throughout your operations that map to the requirements of the certification you are seeking.

This type of certification is very different from a professional privacy certification, such as those offered by the International Association of Privacy Professionals. Professional certifications are credentials for individual professionals, whereas BBB National Programs’ privacy certifications cover an entire program.

Yes. Our team will help you determine which certification(s) make the most sense for your business. If you serve the role of both a controller and a processor for personal data, you may benefit from obtaining multiple certifications, such as CBPR and PRP.

You may also wish to consider joining BBB National Programs' Data Privacy Framework Services, the chosen independent recourse mechanism of 1000+ businesses to meet compliance obligations and bring accountability to their public commitments that align with the European Union data protection standards.

Interest-based advertising (IBA), sometimes called targeted advertising, uses information gathered about your visits over time and across different websites or apps to help predict your preferences and show you ads that are more likely to be of interest to you. With data about your browsing as a starting point, advertisers make educated guesses about the ads you will be most likely to find interesting or relevant and serve those to you.

The Digital Advertising Alliance (DAA) Principles are the self-regulatory rules that major online advertising trade associations agreed upon as a baseline standard for companies engaged in IBA. As of 2024, the DAA Principles consist of four documents:

1. The Self-Regulatory Principles for Online Behavioral Advertising
2. The Self-Regulatory Principles for Multi-Site Data
3. The Application of Self-Regulatory Principles to the Mobile Environment
4. The Application of the Self-Regulatory Principles of Transparency and Control to Data Used Across Devices

These privacy principles cover IBA on the desktop and mobile web, in mobile applications, and in the cross-device context. Importantly, they include rules about transparency (ensuring that consumers have up-front notice when IBA is taking place) and choice (requiring companies to allow consumers to opt out of IBA). 

The DAA Principles are self-regulatory (the online advertising industry has agreed to abide by this set of best practices for IBA online). DAAP enforces industry's commitment to these rules through monitoring websites and apps, bringing them into compliance, and publishing the results in formal decisions.

AdChoices is a self-regulatory program for online IBA. The program calls for advertising companies to follow responsible privacy principles for IBA. The principles, promulgated by the DAA, the industry association that runs the AdChoices effort, are designed to give consumers enhanced transparency and control over IBA.

Submit your complaint via the DAAP consumer complaint form.

This page will have several questions with dropdown, tick-box, and text entry fields to help you to report your concerns. Pay particular attention to the link to "attach a file." This link will let you attach a screenshot of what you are seeing (an ad, an opt-out error, etc.) in order to better show us what sort of trouble you are having.

Privacy Shield was recently replaced by the Data Privacy Framework Program, a mechanism for legally transferring personal data from the European Union, the United Kingdom (and Gibraltar), Switzerland, or other participating countries to the United States. Designed by the U.S. Department of Commerce to support transatlantic commerce in coordination with the European Commission, these mechanisms promote greater transparency around international data processing and enable U.S. businesses to demonstrate that their privacy practices meet data protection requirements such as GDPR, including enhanced protections for consumers. Privacy Shield was officially replaced by the Data Privacy Framework Program in July 2023.

The Data Privacy Framework Program helps U.S. businesses receive and process personal data from the European Union, the United Kingdom (and Gibraltar), Switzerland, or other participating countries after self-certifying their adherence to the protections set out in the program Principles. Your public self-certification with the U.S. Department of Commerce will ensure that European organizations and consumers know your business provides enhanced privacy protection when:

• You are expanding your operations into Europe and collecting EU, U.K., or Swiss customer data;
• You are processing EU, U.K., or Swiss data in the U.S. for a business partner; or
• In other situations where your business is using personal data of EU, U.K., or Swiss individuals.

U.S. businesses that have committed to uphold the Principles must provide an independent dispute resolution service to EU, U.K., or Swiss individuals whose personal data they process in the United States. BBB National Programs is an approved IRM that can help businesses of all sizes meet this requirement.

Benefits for your business:

• Demonstrated expertise in data privacy for more than 20 years. 
• Practical assistance to businesses of all sizes in navigating program requirements and the self-certification and recertification processes.
• Ensures prompt responses to privacy inquiries and complaints.

Benefits for your consumers:

• BBB National Programs is the most trusted name in consumer dispute resolution.
• Online complaints process provides accessible, transparent dispute resolution, enhancing customer service.
• Services always provided free of charge to EU or Swiss individuals.
• Speedy, impartial resolution through our staff conciliation process or independent Data Privacy Review.

U.S. businesses participating in the Data Privacy Framework Program must provide an independent dispute resolution service to EU, UK, or Swiss individuals whose personal data they transfer to the United States. Our goal is to help businesses of all sizes meet this requirement and conduct business in Europe using adequate data protections.

For your business:

• Demonstrated expertise in data privacy for more than 20 years 
• Practical assistance to businesses of all sizes in navigating Data Privacy Framework Program requirements and the self-certification and recertification processes
• Prompt responses to privacy inquiries and complaints

For your consumers:

• We are the most trusted name in consumer dispute resolution
• Online complaints process provides accessible, transparent dispute resolution
• Services always provided free of charge to individual consumers
• Speedy, impartial resolution through our staff conciliation process or independent Data Privacy Review

The General Data Protection Regulation (EU Regulation 2016/679) became effective May 25, 2018. This EU law regulates the data processing activities of organizations established in EU member states and applies to certain organizations established entirely outside the EU. 

The GDPR permits personal data transfers to countries outside the EU subject to compliance with set conditions, including conditions for onward transfer. Specifically, the GDPR allows for data transfers to businesses in countries with legal regimes that have been deemed by the European Commission to provide an “adequate” level of privacy protection, or under a transfer mechanism that offers adequate protection.

While the Data Privacy Framework Program meets one of the key requirements of GDPR for companies transferring data to the U.S.—that they use an “adequate” data transfer mechanism—there are numerous other elements of GDPR that U.S. companies should know about.

BBB National Programs does not provide specific GDPR guidance or compliance services, but we receive many questions about aligning with GDPR compliance.

We can usually process applications within three business days of receiving your completed application materials package, including: a signed Participation Agreement, a compliant draft privacy policy that meets our requirements, and an application fee payment that has posted in our accounting system. If the draft privacy policy you provide for our review does not meet our minimum requirements, we will require revisions before accepting your application. To avoid delays, please follow the privacy policy guidelines and ensure that you use our required language.

The policy must include an affirmative commitment to adhere to each of the Principles and should address the 13 requirements of the Notice principle. The policy must identify BBB National Programs as your independent recourse mechanism for privacy complaints and include contact information for the program. The policy must not include any statements that directly contradict the Principles. Additional details about privacy notices and required disclosures can be found on our Privacy Policy Requirements page and in our supplemental document Privacy Policy Checklist (provided to our participants).

Other legal entities (subsidiaries or affiliates) may be covered under the parent organization’s Participation Agreement in some limited circumstances. At a minimum, the parent and the subsidiary must (1) be covered by a common website notice that is posted on all subsidiary websites and that links to BBB National Programs’ complaint handling page, (2) share a single point of contact for privacy complaints, and (3) be able to designate a corporate officer to sign the Agreement who is authorized to bind both the parent and the subsidiary. Where all these conditions cannot be met, a separate application and Agreement must be submitted for each subsidiary. 

Where several entities are covered under a single Agreement, the annual fee will be based on the aggregated gross annual revenues of the parent and all covered entities.

If you would like your subsidiaries to be covered by the Program, please contact us to check on their eligibility. If we determine that subsidiaries may be covered under your Agreement, we will list all covered subsidiaries on your Participation Agreement. The list of subsidiaries covered by your Participation Agreement must match the list of covered entities on your official listing.

Our fees are based on your business’s total gross revenue, not simply revenue from EU-related business.

We do not currently offer a seal or mark for your site. Your business may identify BBB National Programs as its dispute resolution provider in its published privacy policy. Please also note that creating your own certification mark, seal, or logo is currently not authorized by the U.S. Department of Commerce.

While we do provide self-certification guidance and ongoing compliance assistance to our participating businesses, we do not offer verification services at this time. However, an annual verification to ensure compliance with the Principles is a certification requirement. Most of our participants choose to perform an internal self-assessment and verification rather than using a third-party provider. When choosing this option, simply select “Self-Assessment” in the verification section of your U.S. Department of Commerce certification application.

IRMs are required to annually publish aggregate statistics about our dispute resolution services. BBB National Programs publishes these statistics in its annual Procedure Report, including the number and nature of privacy complaints and the actions taken by BBB National Programs (and any Data Privacy Review Panelist); as well as the number and nature of complaints deemed ineligible for processing. In the event that a Participating Business fails to comply with a final determination of the program and is referred to the Federal Trade Commission for noncompliance, a Case Report will be published in the Procedure Report summarizing the case and its outcome, identifying the company and the fact of noncompliance.

Privacy Shield was recently replaced by the Data Privacy Framework Program, a mechanism for legally transferring personal data from the European Union, the United Kingdom (and Gibraltar), Switzerland, or other participating countries to the United States. Designed by the U.S. Department of Commerce to support transatlantic commerce in coordination with the European Commission, these mechanisms promote greater transparency around international data processing and enable U.S. businesses to demonstrate that their privacy practices meet data protection requirements such as GDPR, including enhanced protections for consumers. Privacy Shield was officially replaced by the Data Privacy Framework Program in July 2023.

Among other requirements, a participating organization must provide you:

• Information on the types of personal data collected;
• Information on the purposes of collection and use;
• Information on the type or identity of third parties to which your personal data is disclosed;
• Choices for limiting use and disclosure of your personal data;
• Access to your personal data;
• Notification of the organization’s liability if it transfers your personal data;
• Notification of the requirement to disclose your personal data in response to lawful requests by public authorities;
• Reasonable and appropriate security for your personal data;
• A response to your complaint within 45 days;
• Cost-free independent dispute resolution to address your data protection concerns; and
• The ability to invoke binding arbitration to address any complaint that the organization has violated its obligations under the Principles to you and that has not been resolved by other means.

For more than 20 years, BBB National Programs, a non-profit organization based in the United States, has operated an approved independent dispute resolution mechanism. We help EU, UK, and Swiss individuals resolve privacy complaints under the Data Privacy Framework Program, and previously under Privacy Shield.

You can learn more about the steps to file a complaint by visiting this page: For Consumers.

BBB AUTO LINE does not charge any fee to vehicle owners. To protect impartiality, funding for staff and program administrative costs of BBB AUTO LINE are committed in advance by the participating manufacturers.

BBB AUTO LINE has some national participants and some manufacturers that participate on a state-by-state basis. You can see who they are on the Participant List.

Eligibility for the BBB AUTO LINE program can depend on a number of factors. 

• Your vehicle’s manufacturer must participate in the BBB AUTO LINE program.
• The type of problem you are having must be covered under the warranty.
• Various factors related to the state you live in may affect your eligibility. 
• Various factors related to the age or mileage of your vehicle may affect your eligibility.

BBB AUTO LINE staff and arbitrators are independent of manufacturers that participate in BBB AUTO LINE and perform no duties for these manufacturers other than providing impartial dispute resolution services.

Consumers start the process by filing a complaint with BBB National Programs using the online complaint form or calling 1.800.955.5100. You will need the following key information:

• Vehicle owner’s name and address
• Vehicle make, model, and year 
• Description of the problem
• Current mileage
• For vehicle owners in California/Florida – vehicle identification number (VIN)

Once you submit your complaint, create your account in the BBB AUTO LINE Portal (you will receive an email with instructions), and then as soon as possible, complete and submit the Consumer Complaint Form (CCF). How to access and submit the CCF is also outlined in the email you will receive. If you do not complete these steps, your complaint may not be opened. If you have trouble gathering and submitting the required information, please give us a call. 

We notify you when all required information has been received. This email may include whether your claim is ineligible for arbitration, that your claim has been opened, or identify additional information that is necessary to establish BBB AUTO LINE’s authority over the claim or that will assist in the review of your claim, such as repair orders, sales agreements, etc.

Once your claim is opened, a Dispute Resolution Specialist will guide you through the process with your manufacturer.

Your manufacturer is alerted by BBB AUTO LINE as soon as you file a complaint.

Give us a call at 1.800.955.5100 so that we can assist you.

You can reach BBB AUTO LINE by calling 1.800.955.5100. 

All documents, correspondence, notices, and requests for records should be sent to: 

BBB AUTO LINE
BBB National Programs
1676 International Dr., Ste 550
McLean, VA 22102

Documents and case-related information also may be faxed to BBB AUTO LINE at 703.247.9700. Please include your case number on all documents submitted.

BBB AUTO LINE arbitrators are attorneys or other persons with arbitration experience who are interested in the fair and expeditious resolution of consumer disputes. They are trained by BBB National Programs to conduct impartial hearings and make decisions in accordance with the BBB AUTO LINE Program Rules and applicable law.

• BBB AUTO LINE will provide you with a short bio outlining the arbitrator’s qualifications and background prior to arbitration.
• When needed in a case, arbitrators have access to impartial technical experts to provide automotive expertise. 
• Your arbitrator will not be an employee or agent of either party and will have no direct involvement in the manufacture, distribution, sale, or service of any product involved in the case. 
• The arbitrator(s) will be selected in an impartial manner and will take an oath to maintain impartiality throughout the process. If the arbitrator believes he or she cannot make an unbiased decision, he/she will refuse to serve.

In some cases, to the extent permitted by state law or regulation, BBB AUTO LINE will appoint an impartial technical expert to examine the vehicle prior to the arbitration hearing. In other cases, an impartial technical expert may be appointed before the hearing by agreement of the parties. In all cases, you may ask the arbitrator at any time to obtain the assistance of an impartial technical expert.

Whenever an impartial technical expert participates in the BBB AUTO LINE process, all parties will be given an opportunity to review and comment on the technical expert’s findings and credentials.

Once an arbitration hearing is scheduled, you will receive a copy of the Arbitration Hearing Format. In following this format, you will be provided an opportunity to:

• State the facts as you see them
• Present documents and witnesses in support of your case
• Question witnesses who testify on behalf of the other party
• Rebut any testimony or evidence presented by the other party

The arbitrator will ask questions to clarify information presented at the hearing and gain a more complete understanding of the dispute. After each side presents its case and the questioning is completed, you will give a summary of your position, deal with any questions that have not been answered, and tell the arbitrator exactly what you think the decision should be and why. The average arbitration lasts approximately two hours.

A cooperative approach works best. You are in arbitration because you and the manufacturer have a disagreement but keep that disagreement factual and within the bounds of common courtesy and conventional language. Arbitrators may not have technical expertise, so your presentation may be more productive if you can use “layperson’s” terms to describe what happened to your vehicle.

The sole purpose of the arbitration hearing is to allow the arbitrator to gather and sort the facts to make a fair decision. You should be prepared to convince the arbitrator your position is correct.

A clear, concise, and well-organized presentation supported by relevant facts and good documentation will help the arbitrator fulfill his or her responsibility.

• Come prepared with/submit in advance a copy of the vehicle’s current registration and proof of insurance.
• Please submit any required documents as outlined in the portal, as well as any documents you have previously sent to BBB AUTO LINE, as copies previously submitted to us may be difficult to read. 
• Contact potential witnesses and ask them to testify or to provide a written statement. You are responsible for your witnesses’ participation or submission of evidence.

Documents that might be useful include:

• Sales contract/lease agreement
• Vehicle’s warranty information
• Vehicle’s repair/service and maintenance records
• Correspondence between the parties, dealers, agents, or representatives
• Other documents that may support your case, e.g., photographs, technical information

During your presentation you should provide testimony and evidence about the following:

• The existence of the vehicle problems upon which you are basing your case
• Why you believe the problems are the responsibility of the manufacturer
• Why you believe you have not contributed to the cause of the problems
• Why the problems represent a substantial impairment to the use, value, or safety of your vehicle
• Whether the manufacturer and its dealers, agents or representatives have had a reasonable opportunity to repair your vehicle

The manufacturer representative should also address these issues from his or her perspective.

The Direct Selling Association (DSA) provides funding for DSSRC. However, substantively, DSSRC operates autonomously from DSA.

Any company, consumer, or non-governmental organization can submit a DSSRC inquiry against a direct-selling company or part of their salesforce. DSSRC will independently review any submitted inquiry to ensure that the matter is appropriate for review and a proper expenditure of program resources. Once they are final, all case decisions are available to the public.

In order to file a challenge, the company must provide DSSRC with an opening letter listing and substantively explaining the explicit and implicit earnings or product claims made by the advertiser(s), as well as copies of the claims found on the company website and/or social media outlets.

There are no filing fees associated with any consumer or non-governmental organization inquiries. There is a $10,000 filing fee for challenges. DSA partners can file a challenge at the discounted price of $5,000.

If, upon receipt of a DSSRC inquiry, a direct-selling company informs DSSRC in writing that the claim and/or representations at issue has been or is the process of being immediately and permanently withdrawn from use or significantly modified to address DSSRC’s concerns, DSSRC may determine and advise the relevant parties that the inquiry is not, or is no longer, appropriate for formal investigation in this forum. Upon making such a determination, DSSRC shall advise the party or parties that the inquiry shall be administratively closed and summarize the disposition of the inquiry on the DSSRC page of the BBB National Programs website.