Month: December 2022

New York, NY – December 22, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge brought by competitor AT&T Services, Inc., Charter Communications, Inc., d/b/a Spectrum, voluntarily discontinued certain comparative speed and reliability claims for its Spectrum Mobile services vs. AT&T Wireless.

AT&T Services challenged claims made in three television commercials that:

• Spectrum Mobile is the “most reliable” mobile service.
• Spectrum Mobile is more reliable than AT&T Wireless.
• Spectrum Mobile has faster mobile data speeds than AT&T Wireless.
• Unlike Spectrum Mobile, AT&T Wireless lacks the “speed you need to stream and connect in more places.”
• Spectrum Mobile is America’s “leading” mobile service provider.

 

In response to the challenge, Charter informed NAD that it had permanently discontinued the express “leading mobile service provider” claim and “most reliable mobile service” claim for independent business reasons. Charter also informed NAD that it would permanently discontinue the remaining comparative speed and reliability claims in the way they were alleged to be conveyed. Therefore, NAD did not review the claims on their merits.

In its advertiser statement, Charter stated that “Spectrum is proud of the unique combination of performance and value that it offers wireless customers throughout the nation and thanks NAD for its attention to this matter.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

 

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

 

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

National Advertising Division Recommends Smile Prep Modify or Discontinue Claims and Disclosures on its Website; Smile Prep to Appeal

 

New York, NY – December 21, 2022 – While the National Advertising Division (NAD) of BBB National Programs has determined that Smile Prep, LLC provided a reasonable basis for implied claims that it does not primarily solicit reviews from customers of its affiliate partners and that its reviews reflect the real experiences of legitimate clear aligner consumers; the advertising watchdog also recommended that Smile Prep modify or discontinue several other claims and disclosures on its rankings and reviews website.

NAD recommended that Smile Prep:

 

• Disclose that reviews are incentivized.
• Modify or discontinue certain claims regarding the analysis and ranking criteria used by Smile Prep.
• Discontinue certain express comparative, efficacy, and performance claims about the product and services of Smile Prep’s affiliate partners.
• Avoid conveying the message that Smile Prep does not give preferential treatment to its affiliate partners.
• Avoid conveying that its rankings, reviews, and product information are objective (i.e., impartial) and free from bias.
• Clearly and conspicuously disclose that Smile Prep’s rankings, reviews, and product information of the clear aligners of its affiliate partners are advertising.

 

The claims were challenged by SmileDirectClub LLC (SDC), a provider of clear aligner products and services. The SmilePrep.com website includes reviews and rankings of SDC’s products and services as compared to SDC’s competitors, as well as consumer reviews.

The challenged claims appeared on SmilePrep.com, which presents its reviews and ranking of clear aligner companies and their products and services as editorial content. Smile Prep, which has affiliate relationships with several companies whose clear aligner products and services it reviews, also solicits and posts clear aligner reviews from consumers on SmilePrep.com, its Facebook page, and YouTube channel.

To protect consumers, online publishers of third-party product reviews and rankings with affiliate links must have controls in place to keep individuals who write product content segregated from the influence of affiliate link revenue. If such controls are not in place, the content can be influenced by knowledge of payment, rendering it advertising.

 

Clear Aligner Rankings and Reviews Claims

NAD recommended that Smile Prep discontinue or modify its claim that rankings on Smile Prep are based on an “extensive five-point analysis of each company’s effectiveness, affordability, convenience, appearance and customer support” because no evidence was provided to support the claim.

SDC also argued that Smile Prep’s website conveys to consumers that the clear aligner information, rankings, and reviews it provides are impartial and that Smile Prep does not give preferential treatment in its reviews and rankings to those clear aligner companies that pay Smile Prep commissions through affiliate links.

NAD found no grounds on which to conclude that Smile Prep’s rankings and reviews are “pay to play,” however, NAD concluded that Smile Prep’s clear aligner reviews, rankings, and product information are influenced by Smile Prep’s affiliate relationships and that Smile Prep disclosure that reviews, rankings, and product information of the clear aligners of its affiliate partners is advertising.

 

Implied Claims Regarding Consumer Reviews and Testimonials

NAD determined that Smile Prep’s consumer review collection, moderation, and posting practices provided a reasonable basis for its implied claims that Smile Prep does not primarily solicit reviews from customers of its affiliate partners and that its reviews reflect the real experiences of legitimate clear aligner consumers.

However, because Smile Prep does not clearly disclose on pages where the consumer reviews are posted that Smile Prep provided incentive for the reviews, NAD recommended that Smile Prep clearly and conspicuously disclose the material connection between the reviewer and Smile Prep.

 

Product Claims

NAD determined that Smile Prep did not show a reasonable basis of support for the challenged express comparative, efficacy, and performance claims about the product and services of Smile Prep’s affiliate partner, Byte.

Therefore, NAD recommended that claims such as the following be discontinued:

 

• Byte’s home aligners can achieve/deliver “results in as few as four months for some customers.”
• “Byte is one of the most effective at-home teeth straightening services on the market.”

 

During the proceeding, the advertiser voluntarily discontinued or modified certain challenged claims about the products and services of Byte. Therefore, NAD did not review these claims on the merits.

Finally, NAD determined that the broad claim “Smile Prep partners, including Byte, offer exclusive features and benefits that other clear aligner providers do not” was not implied by Smile Prep’s content.

In its advertiser statement, Smile Prep stated that it “respectfully disagrees with the NAD’s analysis and the outcomes it reached” and that it “will be appealing all aspects of NAD’s decision.”

Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

 

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

 

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

McLean, VA – December 19, 2022 – The Board of Directors of BBB National Programs, an independent non-profit organization that operates more than a dozen independent industry self-regulation, accountability, and dispute resolution programs, today announced a new Board Chair and the re-election of three other members for the 2022-2025 term.

David Hubbard, Vice President & Deputy General Counsel, Verizon steps into the role of Board Chair, replacing Ken Patel, Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company, who will continue his service on the Board. Mary Sophos, Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association, will continue her role as Board Vice Chair.

The three re-elected Board members are:

 

• Luis-Xavier Hernandez, Group General Counsel, Beauty & Wellbeing, Unilever
• Maureen Ohlhausen, Partner, Baker Botts, Former Acting FTC Chair and FTC Commissioner
• Michele Totonis, Director, Legal Affairs, LEGO

 

“I am thankful to Ken Patel for his outstanding service as our Board chair over the past three years, during which time his strategy, support, and advice have been invaluable,” said Eric D. Reicin, President and CEO, BBB National Programs. “I am also excited about the enhanced role for incoming Board Chair David Hubbard, a proven champion for industry self-regulation.”

BBB National Programs Board members support and inform the nonprofit’s mission to be the place where businesses go to enhance consumer trust and where consumers are heard. Board members are also instrumental in increasing awareness and expanding the reach of the organization’s independent industry self-regulation programs.

 

Following is a full list of members of the BBB National Programs Board of Directors:

 

• David Hubbard (Board Chair), Vice President & Deputy General Counsel, Verizon
• Mary Sophos (Board Vice Chair), Former EVP for Policy & Strategic Planning, Grocery Manufacturers Association
• David Cohen, CEO, Interactive Advertising Bureau
• Luis Xavier Hernandez, Group General Counsel, Beauty and Wellbeing, Unilever
• Jocelyn Hunter, Vice President and Deputy General Counsel, Home Depot
• Marla Kaplowitz, President and CEO, 4A’s
• Joel Katz, Chief Ethics and Compliance Officer, Booz Allen Hamilton
• Elaine Kolish, Former VP & Director, Children’s Food and Beverage Advertising Initiative, and Principal, Elaine Kolish Consulting LLC
• Bob Liodice, CEO, Association of National Advertisers
• Carla Michelotti, Former EVP and Chief Legal, Government and Corporate Affairs Officer, Leo Burnett Worldwide, and President, Carla Michelotti LLC
• Maureen Ohlhausen, Partner, Baker Botts; Former Acting FTC Chair and FTC Commissioner
• Ken Patel, Chief Ethics & Compliance Officer and Chief Patent Counsel, The Procter & Gamble Company
• Brent Sanders, Associate General Counsel, Microsoft
• Michele Totonis, Director Legal Affairs, LEGO
• Barbara Wall, Former Chief Legal Officer, Interim Chief Operating Officer and current Board Member, Gannett Co., Inc.
• Eric D. Reicin (ex officio), President and CEO, BBB National Programs

 

For more information, visit our website.

 

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. BBB National Programs oversees more than a dozen leading national industry self-regulation programs and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, dispute resolution, automobile warranty, privacy, and emerging areas. To learn more, visit bbbprograms.org.

XpertHR data finds that employers with a mature approach to DEIB practices are more likely to see improvements in key business metrics 

New York City (December 14, 2022) – A new survey from HR strategy and compliance software provider, XpertHR, indicates employers with future-focused approaches to diversity, equity, inclusion and belonging (DEIB) are far more likely to report improvements in employee engagement, turnover, and net promoter scores than companies that only approach DEIB from a legal compliance and risk
mitigation perspective.

Other top takeaways from the XpertHR 2022 Diversity, Equity, Inclusion and Belonging Trends Survey include: 

– 34% of companies approach DEIB purely from a risk mitigation perspective, while two-thirds (66%) have more mature approaches that acknowledge, demonstrate commitment to or take a future-focused approach to DEIB practices.
– DEIB practices are considered important or very important to 61% of responding companies, but only 42% report being ready to improve their DEIB practices, and most companies do not have an active, documented DEIB strategy.
– Although DEIB commitment has a clear correlation with key business metrics, only 37% of responding companies have procedures in place to hold leaders accountable for accomplishing specific DEIB goals and objectives.
– Larger organizations overwhelmingly have better DEIB plans and more resources to dedicate to diversity, while smaller organizations have few resources and no plans for DEIB.

“Companies that take a proactive approach to DEIB are more likely to report recent improvements in metrics like turnover than companies that only meet the bare minimum legal requirements,” says Victoria Kelleher, Lead Survey Specialist at XpertHR.  “We’d need more research to know if this relationship is actually causal, but the results are promising.” 

Companies were classified based on the maturity of their approaches to DEIB, with the least mature group only addressing DEIB for the sake of legal compliance, the second-most mature group showing awareness towards DEIB and the most mature group committing to DEIB initiatives. Next, employers were asked about their key business metrics and whether they improved, worsened, or didn’t change from 2021 to 2022. Those with more mature approaches, the “Commitment” and “Awareness” categories, were more likely to see improvements than those sticking to a compliance-based plan in three key areas:  

– Key talent turnover – 42% of employers following the “Commitment” approach saw better turnover from 2021 to 2022, as did 28% of “Awareness” employers and 25% of “Compliance” employers. 
– Employee engagement – 60% of “Commitment” organizations and 44% of “Awareness” organizations saw improved engagement with their employees. Only 33% of “Compliance” organizations reported the same. 
– Net promoter score – 55% of “Commitment” companies and 44% of “Awareness” companies had higher scores, with 37% of “Compliance” companies reporting the same. 

 

Image caption: Companies approaching DEIB from either a Commitment or Awareness approach see more improvement than companies using the Compliance approach.   

 

A little less than half of the companies surveyed enforce DEIB training programs that include education on topics such as unconscious bias or psychological safety, in addition to just compliance information. Yet the XpertHR research shows that companies which offer this training were more likely to report improvement in metrics such as employee engagement, turnover, and net promotor scores.

“It’s clear that companies who invest resources to train employees on topics that promote a more inclusive company culture were more likely to report recent improvements on these metrics,” Kelleher explained.

But, she acknowledged, training efforts can often be hampered by operational realities such as appropriate planning and resource allocation. The XpertHR survey also examined DEIB strategies by business size and found that most small organizations do not have a DEIB strategy (33%) or have a plan in progress (35%). On the other end of the scale, most larger businesses had a documented strategy (28%) or a comprehensive strategy (30%). Unsurprisingly, having a plan leads to more resource allocations; the survey found that most larger organizations had some resources to devote to DEIB (59%) than not (41%). The same was the opposite for smaller companies, with 68% having no or very few resources and only 32% having DEIB resources.

 

 

“Developing a DEIB strategy is hard work, but it’s likely worth the investment for employers to show their commitment now more than ever,” says Kelleher. “Some recent studies have found that more than 80% of workers would consider leaving a job if they felt that their company wasn’t committed to DEIB values.”

The XpertHR 2022 Diversity, Equity, Inclusion and Belonging Employer Trends Survey was conducted from August 17, 2022, to September 14, 2022, using a self-administered online survey. The survey sample included 276 employers from across the US.

About XpertHR^®

Global leader XpertHR empowers organizations to shape HR strategy, manage employee risk and embrace diverse talent ecosystems to create equitable, high-performing and purposeful workplaces. Since 2002, the data analytics and intelligent solutions provider has earned a reputation for providing expert insights, trusted resources and practical tools to help customers achieve greater efficiency, improve compliance and increase employee engagement. XpertHR is proud to be part of the LexisNexis^® Risk Solutions portfolio within RELX, a global provider of information-based analytics and decision tools for professional and business customers. To learn more visit xperthr.com.