Month: March 2023

New York, NY – March 23, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile, U.S., Inc. discontinue advertising claims that its wireless service has the most reliable 5G network according to the third-party testing company, umlaut.

Prior NAD and BBB National Programs’ National Advertising Review Board (NARB) cases have established that in the context of wireless networks, at least one component of a network reliability analysis should be task completion. The 5G Transaction Success Metric in umlaut’s reports conducted in May 2022 and July 2022 uses four different tests to assess whether consumers can complete different tasks on each carrier’s network.

NAD evaluated whether the four tests measure reliability in a way that reflects real-life consumer experience and reflects how consumers understand reliability. After considering each of the 4 tests, NAD found that it could not determine with certainty that umlaut’s 5G Transaction Success Metric accurately measures task completion in a consumer-relevant way.

NAD determined that umlaut’s testing is not a good fit for the reliability claim at issue and recommended that T-Mobile discontinue its “most reliable 5G network” claim according to umlaut and all similar challenged claims.

NAD also recommended that T-Mobile discontinue the claim “Independent experts from across the industry have sent a clear message time and time again: there’s one network leader and it’s T-Mobile” with regards to a superior reliability message. NAD noted that its decision does not prevent T-Mobile from touting they are a network leader in respects other than reliability if properly supported.

In its advertiser statement, T-Mobile stated that it “is proud of its 5G network and the awards its network has received.” T-Mobile expressed its disappointment with NAD’s decision but stated that it “remains a supporter of the self-regulatory process and will comply with NAD’s recommendations.”

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, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. 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.

New York, NY – March 16, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, recommended that the American Beverage Association (ABA) modify certain aspirational claims regarding the use of recycled materials in bottles, as well as claims relating to ABA’s partnerships with non-profit organizations and efforts to achieve sustainability goals.

ABA is the trade association for the U.S. nonalcoholic beverage industry whose members are The Coca-Cola Company, Keurig Dr Pepper, and PepsiCo.

The advertising at issue, which appeared in a video run on national cable channels and on the advertiser’s website, had been challenged by the National Advertising Division (NAD) as part of its independent routine monitoring of truth and transparency in U.S. national advertising. Following NAD’s decision (Case No. 7011), ABA appealed NAD’s findings and recommendations that it modify specific claims in its video and website.

In the underlying decision, NAD determined that ABA “provided a reasonable basis” for several environmental benefit claims related to its Every Bottle Back program. But NAD recommended that ABA modify several claims that NAD determined overstate the extent to which plastic bottles currently sold by ABA members are made from recycled plastic resulting in a reduction in plastic waste, and the results of its partnership with several organizations regarding reducing plastic waste.

In agreement with NAD, the NARB panel concluded that the following statements convey unsupported claims to consumers:

• “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles.”
• “That . . . and reduces plastic waste.”
• “Working with World Wildlife Fund through their ReSource: Plastic to reduce our plastic footprint.”
• “Partnering with The Recycling Partnership and Closed Loop Partners to . . . modernize the recycling infrastructure in communities across the country.”

Recyclability Claims

The NARB panel found that the following claims convey to reasonable consumers that a significant amount of recycled content is currently used by the industry to produce new single use plastic bottles and that there is a resulting reduction in plastic waste today:

• “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles.”
• “reduces plastic waste.”

The NARB panel noted that while ABA may have intended simply to explain the potential for bottles to be recycled, the ad went beyond that, conflating current recycling practices and outcomes with aspirational practices and outcomes. Therefore, the NARB panel recommended that the advertiser modify the video claims to further clarify that these statements relate to aspirational goals.

Further, the NARB panel stated that the claims should not convey that there is current significant use of recycled bottles by industry to produce new bottles or any current significant reduction in plastic if that is not the case.

Claims About the ABA’s Partnerships

The NARB panel found that ABA members are actively participating with third-party partners in their recycling efforts, but that the following claims overstate the actual work being done:

• “Working with World Wildlife Fund through their ReSource: Plastic to reduce our plastic footprint.”
• “Partnering with The Recycling Partnership and Closed Loop Partners to . . . modernize the recycling infrastructure in communities across the country.”

Therefore, the NARB panel cautioned ABA to ensure that claims made in regard to the partnerships reflect what the partners are currently doing, and clearly convey future plans if that is the purpose of the message.

The NARB panel lauded the industry’s goals and stated that NARB’s assessment of the claims and evidence does not prevent the advertiser from making future supported claims as its goals are attained or that contain effective calls to consumer action.

ABA said that it “appreciates NAD’s conclusions that many of our claims are substantiated, including that our member companies are designing 100% recyclable plastic bottles and are increasing awareness of that fact.” And while ABA “disagrees with NARB’s conclusions related to our partnerships and the recycling process” it “will comply with the NARB Decision and explore how best to modify.”

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, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.

New York, NY – March 16, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications Management, LLC:

• Modify claims that its Xfinity Mobile service is the “fastest mobile service”;
• Discontinue its “most reliable,” “highest ranked,” and “best network” claims for Xfinity Mobile; and
• Clearly and conspicuously disclose that an Xfinity Internet subscription is required for Xfinity’s mobile service.

Comcast (under the Xfinity Mobile brand) provides cellular service that piggybacks off Verizon’s cellular network to existing Xfinity home internet customers. Customers of Xfinity Mobile can obtain service through the Verizon cellular network but can also connect through WiFi if they are within range of their Xfinity home internet WiFi or one of Xfinity’s public WiFi hotspots.

“Fastest Mobile Service” Claim

Regarding Comcast’s “fastest mobile service” claim, NAD found that Xfinity Mobile has the fastest combined WiFi and cellular speeds, but those speeds are only available within Xfinity’s WiFi footprint.

Further, NAD determined that the unqualified superiority speed claim reasonably conveys the message that the benefit is available wherever consumers use their mobile service, and therefore consumers may reasonably take away the message that so long as they have Xfinity mobile service—whether they are connected to cellular or WiFi—they will be able to experience the advertised fastest speeds across Xfinity’s entire mobile network. NAD recommended that Comcast disclose the material limitation that a consumer may only experience faster speeds on WiFi or in the Xfinity WiFi footprint.

NAD concluded that the disclosures in the challenged advertising do not adequately inform consumers of the circumstances under which the “fastest mobile service” claim is true and recommended that Comcast modify its advertising to clearly and conspicuously disclose that its “fastest mobile service” is based on combined WiFi and cellular speeds and that the claim is true only within its WiFi footprint or when connected to WiFi.

“Most Reliable” Claims

NAD recommended that Comcast discontinue its “most reliable” and “highest ranked” claims because the evidence in the record was not a good for fit the challenged claims.

NAD noted that nothing in its decision would prevent Comcast from making claims about the reliability of its WiFi network, so long as those claims are supported and do not convey the message that those claims also apply to its cellular network.

“Best Network” Claim

The “Best Network” claims appears on the Comcast webpage which states, “Choose from the best devices on the best network.” Underneath this headline is the sentence, “Ready to join the first mobile network that’s designed to save you money? It starts here.”

NAD noted that the “best network” claim is broad and unqualified and because Comcast did not provide any evidence to support the range of superiority messages conveyed by its “best network” claim NAD recommended that it be discontinued.

Requirement to Purchase Xfinity Internet Claim

NAD also considered whether Comcast’s advertising conveys a message that consumers can purchase Xfinity’s mobile service regardless of whether they are Xfinity Internet customers. As NAD has noted in prior cases, the fact that a cellular service can only be purchased if the consumer also subscribes to a residential internet service is a material limitation that must be disclosed.

NAD determined that the disclosures in the challenged advertising were not sufficient and therefore recommended that Comcast clearly and conspicuously disclose that Xfinity Internet is required.

In its advertiser statement, Comcast stated that it “will appeal NAD’s decision because it believes that the challenged advertising conveys truthful messages about the unique benefits of the Xfinity Mobile service, delivered through the combination of two networks.” Further, the advertiser expressed concern that NAD’s decision is inconsistent with previous cases addressing similar claims and noted its disagreement with certain conclusions made by NAD.

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, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. 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.

• For 20th consecutive year, Michelin is recognized for top customer satisfaction in luxury car segment
• Michelin is also #1 in tire customer satisfaction for truck/utility vehicles 
• Michelin brands, which include BFGoodrich, have received 101 top-tire rankings

GREENVILLE, S.C., March 16, 2023 – Michelin has again earned top customer satisfaction scores in the J.D. Power 2023 U.S. Original Equipment Tire Customer Satisfaction Study. For 2023, drivers gave Michelin the highest ratings in Original Equipment Tire Customer Satisfaction for Luxury and Truck/Utility vehicles.

“We aim to create the best experience for all types of drivers, so it’s exciting and humbling for Michelin to earn our 98th and 99th J.D. Power Award for customer satisfaction in the tire category,” said Katelyn Berry, vice president of marketing for Michelin North America, Inc.’s business to consumer products. “These awards continue to showcase Michelin as the most awarded tire brand in the U.S. and being recognized by our customers makes this even more special.”

With these honors, Michelin has won 99 total J.D. Power Awards — more than any other tire manufacturer. It is the company’s 20th consecutive top ranking in the Luxury segment.

The J.D. Power 2023 U.S. Original Equipment Tire Customer Satisfaction Study was based on responses from more than 32,000 vehicle owners. Satisfaction was examined in four areas: tire wear, tire ride, tire appearance and tire traction/handling.

J.D. Power is a global marketing information services company operating in key business sectors across a variety of industries, including market research, automotive forecasting, performance improvement, web intelligence and customer satisfaction.

About Michelin North America, Inc.

Michelin, the leading mobility company, is working with tires, around tires and beyond tires to enable Motion for Life. Dedicated to enhancing its clients’ mobility and sustainability, Michelin designs and distributes the most suitable tires, services and solutions for its customers’ needs. Michelin provides digital services, maps and guides to help enrich travel and make them unique experiences. Bringing its expertise to new markets, the company is investing in high-technology materials, 3D printing and hydrogen, to serve a wide variety of industries—from aerospace to biotech. Headquartered in Greenville, South Carolina, Michelin North America has approximately 23,000 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

For more information contact:

Contact: Christian Fisher

Email: christian.fisher@michelin.com | www.michelinmedia.com

New York, NY – March 15, 2023 – In a BBB National Programs National Advertising Division (NAD) challenge, brought by competitor S.C. Johnson & Son, Inc. (SCJ), PurposeBuilt Brands, Inc. and Weiman Products, LLC voluntarily discontinued “non-toxic” and “eco-friendly” advertising claims for its Weiman cleaning products.

SCJ challenged “non-toxic” and “eco-friendly” advertising claims, which appeared on Weiman product labels, the Weiman website, and third-party retail websites including Amazon.com.

During the proceeding, PurposeBuilt informed NAD that all the challenged claims had been or would be permanently discontinued. Therefore, NAD did not review the claims on their merits.

In its advertiser statement, PurposeBuilt agreed to comply with NAD’s recommendations and stated that it “had discontinued, or had scheduled to discontinue following a sell-through of packaging, all of the challenged claims prior to SCJ’s commencement of the present challenge.”

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, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. 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.