Business ProfileforNuleev

On June 28, 2022, BBB contacted this business about their advertising as part of an international BBB sweep of CBD advertising.

Specifically, BBB asked Nuleev to provide substantiation or proof of advertising claims or explain how the claims would be changed. BBB asked about claims relating to testimonials from celebrities as well as consumers; COVID-19 treatment claims; locally grown products and CBD as a treatment for health concerns. BBB also asked for documentation of a CBD study mentioned on the website.  The business’s Facebook page promoted a contest but did not include any rules or information about winners.

Despite contacts to the business on June 28, 2022; July 18, 2022, and July 26, 2022; BBB did not receive a response from the company.

On September 7, 2022, BBB was contacted by the owner of the business. The owner promised to provide a written response letting BBB know which claims had been updated. On September 12, 2022,  BBB contacted the business after reviewing the website with information about remaining issues on the website.  On September 20, 2022, BBB again contacted the business asking for a response to the remaining concerns.   

As of September 28, 2022, the website continued to include testimonials from a professional football player, without a disclaimer describing his relationship with the business. The site has been updated to remove some testimonials which referenced treatment claims, but the business did not provide documentation that the remaining testimonials were genuine, reflected the current opinion of the endorser and if the endorsers have a financial relationship with the business.  The reference to a CBD study was removed.  The business did not provide information about the contest.  The business owner did not provide the promised response.

The BBB Code of Advertising (available here) states: 

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

21. Layout and Illustrations
21.1 The composition and layout of advertisements should be such as to minimize the possibility of misunderstanding by the reader.
21.1.1 For example, prices, illustrations or descriptions must not be so placed or displayed in an advertisement as to give the impression that the price or terms of featured products or services apply to other products or services in the advertisement, when such is not the case.

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

33. Contests and Games of Chance or Skill
33.1 If contests are used, the advertiser must publish clear, complete and concise rules and provide competent impartial judges to determine the winners.
33.2 Contests, drawings or other games of chance that involve the three elements of prize, chance and consideration constitute lotteries, in violation of U.S. federal and state statutes and must not be conducted. Canadian law contains similar prohibitions.

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