Business ProfileforThe GudyMart

BBB sent correspondence to The GudyMart on May 11, May 24, and June 14, 2023, regarding advertising concerns on their Facebook page, https://www.facebook.com/thegudymart, and other online directories.

BBB has reviewed advertising on Facebook page and also other online directories/pages and found the following statement, or ones similar to it, use of trademarked images and phrases, and product(s) that may require FDA approval as a drug.

The Facebook page states:
“The GudyMart is the #1 go to for all of your CUSTOM APPAREL AND PRINTS, and now also your #1 go to f”
Claims of being #1 would require substantiation. The business would need to provide documentation of a survey, article, award, etc. from a neutral 3rd party showing that the business was voted #1.

BBB Code of Advertising #28. Objective Superlative Claims states:
Superlative statements in advertisements about the tangible qualities and performance values of a product or service are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like “#1 in new car sales in the city,” can be proved or disproved.

There is a post on October 7, 2022, advertising The Gudy Caps that states, “Our product The Gudy Caps xoxo were designed with women in mind! So many days we have to suffer in silence about these hard to maintain vaginas! From bacterial vaginosis and vaginitis to yeast infections , ovarian cyst, and uti’s what can we do?? Dr appts, antibiotics... it’s sickening, but help is here!!
Turn that pesky pussy into a #phbalanced Pussé .”

In order to make these claims, the business would need to be able to provide substantiation from human clinical trials as well as FDA approval and registration as a drug.

BBB Code of Advertising #34 Claimed Results states:
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. 
 
If the product is not registered and approved by the FDA, BBB requested that the product be removed from all marketing, online, and social media posts, or that all medicinal and therapeutic claims be removed.

The business appears to be manufacturing and marketing products that are using trademarked images and phrases, in example Nike, Bills, Bills Mafia, and the Buffalo Bills. BBB asked if the business has a licensing agreement to use these trademarked images and phrases. BBB requested that all advertising that features these trademarked images and phrases be removed from all marketing, online, and social media posts and an assurance that the images and phrases will no longer be reproduced if they do not have a current licensing agreement with these companies.

The business did reach out to BBB on or about June 14, 2023, and stated that they do not sell products using NFL (Buffalo Bills, Bills Mafia, etc.) and that the products featured on the Facebook page is just to show the type of work that the business is capable of doing. The business also stated that she would provide the requested information. As of June 28, 2023, the business has not provided any additional information and has not modified their advertising..