Author: Operations Team

New York, NY – October 18, 2023 – The National Advertising Division (NAD) of BBB National Programs has closed a Fast-Track SWIFT challenge initiated by Fareportal Inc., operator of the online travel agency websites CheapOAir.com and OneTravel, regarding advertising by Smarter Travel Media LLC.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD.

Fareportal challenged Smarter Travel’s “80% off” travel bookings claim featured in search engine ads for BookingBuddy.com, including Google searches for “CheapOAir” with headlines such as “80% Off Cheap Flights? – 80% Off Student Flights?”

Fareportal argued that the challenged claim was not supported. In response to Fareportal’s SWIFT challenge, Smarter Travel informed NAD that during the inquiry it was voluntarily and permanently discontinuing all variations of its “80% off” claim in its online advertising. Therefore, NAD did not review the claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued.

Smarter Travel agreed to comply. In its advertiser statement, Smarter Travel stated that its “search engine listings have included headlines framed as disbelieving questions – i.e., ‘80% Off . . . ?’ It added “Smarter Travel continues to view such phrasing as properly inviting healthy skepticism on the part of consumers. Yet, we acknowledge the view that at least some readers could misconstrue it as making an affirmative (albeit implied) claim.”

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. This press release shall not be used for advertising or promotional purposes.

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 – October 12, 2023 – In a challenge brought by Verizon Communications Inc, the National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications, LLC discontinue the claim “10G” for its Xfinity 10G Network or qualify the claim to make clear that Comcast is implementing improvements that will enable it to achieve 10G and that 10G is aspirational or use “10G” in a manner that is not false or misleading.

In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades that continue to be implemented. Verizon challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements online and on television.

NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim.

In evaluating this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps. However, NAD determined that the 10 Gbps message was not substantiated because only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and access to that service tier requires installation of fiber to the premises. Further, NAD concluded, that to the extent that consumers understand 10G as referring to 10^th generation mobile technology, this message is also unsupported.

For these reasons, NAD recommended that Comcast discontinue the claim “10G.”

Alternatively, NAD stated that Comcast may modify the claim by (a) qualifying it to make clear that they are implementing improvements that will enable it to achieve 10G and that 10G is the aspiration, or (b) using it in a manner that is not false or misleading consistent with this decision.

In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the Xfinity 10G Network brand name constitutes an ‘express claim.’”

Appeals of NAD decisions are made to the 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. This press release shall not be used for advertising or promotional purposes.

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 – October 12, 2023 – In a challenge brought by T-Mobile US, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Comcast Cable Communications, LLC provided a reasonable basis for its “Next Generation” claim for its “Xfinity 10G Network,” as well as the implied claim that it has already achieved a major technological revolution.

However, NAD recommended that Comcast:

• Discontinue its “10G” claims or qualify them to (a) make clear that Comcast is implementing improvements that will enable it to achieve “10G” and that 10G is aspirational, or (b) use “10G” in a manner that is not false or misleading, and
• Modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades to its network that are continuing to be implemented. T-Mobile challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements on television and online.

“10G Claims”

NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim that means 10 Gbps or 10^th Generation.

In evaluating support for this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps speeds. However, only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and to access that service tier requires the installation of fiber to the premises. Further, NAD determined that the evidence in the record was insufficient to support the broad, unqualified message that the “Xfinity 10G Network” is vastly superior to 5G. 

For these reasons, NAD concluded that Comcast did not provide a reasonable basis for its 10G claims and recommended that Comcast discontinue the claims:

• “10G”
• “Xfinity 10G”
• “Xfinity 10G Network”

Alternatively, NAD stated that Comcast may modify its advertising to (a) make clear that it is implementing improvements that will enable it to achieve “10G” and that it is aspirational or (b) use “10G” in a manner that is not false or misleading, consistent with this decision. NAD noted that nothing in its decision would prevent Comcast from making a more qualified claim, if supported, about the superiority of its network over 5G.

“Next Generation” and Technological Revolution Claims

Based on upgrades to Comcast’s network reliability, lower latency, and other features, NAD determined that Comcast provided a reasonable basis for its “Next Generation” claim and implied claims that it already achieved a major technological revolution. 

Power Outage Implied Claim

T-Mobile argued that Comcast’s “What a Time to Be Alive” commercials convey the message that Xfinity customers’ home internet is uninterrupted during power outages, but the claim is premature because the Xfinity website stated that “storm-ready” WiFi is “coming soon.”

As the record did not include details on the effectiveness of this monitoring technology in ensuring that customers can still stream a movie uninterrupted when power runs out, NAD found that Comcast did not provide a reasonable basis for this claim. Therefore, NAD recommended that Comcast modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the “Xfinity 10G Network” brand name constitutes an ‘express claim’” and NAD’s assessment of survey evidence submitted by T-Mobile.

T-Mobile will cross-appeal NAD’s determination regarding Comcast’s “Next Generation” and technological revolution claims.

Appeals of NAD decisions are made to the 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. This press release shall not be used for advertising or promotional purposes.

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 – October 12, 2023 – In a challenge brought by James Hardie Building Products, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Louisiana-Pacific Corporation (LP) provided a reasonable basis for the claim that “LP^®BuilderSeries^®Lap Siding is lighter than fiber cement, allowing you to carry more boards with less effort.” However, NAD recommended certain quantified and unquantified superiority claims about its SmartSide, SmartSide ExpertFinish, and BuilderSeries engineered wood products compared to fiber cement products be modified or discontinued.

Siding products come in various materials including fiber cement, wood, engineered wood, and vinyl with differing price and performance attributes such as protection, durability, and aesthetics.

As support for LP’s superiority claims, which appeared on its website and in videos showing timed installations of company-engineered wood products versus fiber cement products, LP relied on the results of time-motion studies conducted by a leading construction cost data provider, commissioned by LP.

Faster Installation Claims

James Hardie challenged certain quantified installation claims made by LP that touted a precise comparative installation advantage of LP-engineered wood products over fiber cement products including, for example, that “Overall, LP^®SmartSide^®products installed 30% faster than fiber cement.”

NAD determined that the studies did not reliably support such precise quantified results due to certain non-product variables that may have impacted the results and recommended that the quantified installation claims be discontinued. Further, NAD recommended that LP discontinue the videos or modify them to avoid conveying any quantified installation advantage claims. 

NAD found, however, that the studies reasonably support a qualified comparative message that, in the context of the study, LP’s SmartSide and SmartSide ExpertFinish engineered wood products install faster than fiber cement. Accordingly, NAD recommended that LP:

• Modify the unquantified claims that “LP SmartSide Primed and LP SmartSide ExpertFinish products both installed significantly faster than fiber cement” and “LP SmartSide engineered wood siding…is much easier—and faster—to install” to clearly and conspicuously disclose the limited testing on which such comparative installation claims are based to avoid conveying a message that the engineered wood products will install faster than fiber cement products under all conditions, and
• Remove the word “significantly” from the challenged claim.

Weight Claims

NAD recommended that LP modify the claim “LP^®SmartSide^®Lap weighs 45% less than fiber cement” to clearly and conspicuously disclose the basis of the weight comparison (i.e., that the comparison is based on the weight of equal 1’ pieces of the products). NAD found that this modification would avoid conveying an unsupported message that LP’s claim is based on a comparison of the products prior to being cut. 

NAD also found a reasonable basis of support for the challenged unquantified claim that “LP^®BuilderSeries^®Lap Siding is lighter than fiber cement, allowing you to carry more boards with less effort.”

Waste Claim

Because NAD determined that the studies’ small sample size does not provide a reliable measure of quantified comparative performance, NAD recommended that LP discontinue the claim that “Primed LP^®SmartSide^®Lap reduced waste by 7% compared to fiber cement.”

Implied Claims

NAD recommended that LP modify its advertising to avoid conveying the unsupported message that by using its engineered wood products instead of James Hardie fiber cement products, consumers can spend less on labor costs. However, NAD noted that nothing in its decision prevents LP from making a more limited comparative savings claim for which it has adequate support.

In its advertiser statement, LP agreed to “modify/discontinue the advertising statements addressed in NAD’s recommendation” even though it “respectfully disagrees with NAD’s decision in several respects, especially with regard to whether the third-party studies adequately supported the precise quantified results.”

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. This press release shall not be used for advertising or promotional purposes.

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 – October 11, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Google, LLC discontinue the claim that its YouTube TV service is “$600 less than cable.”

The advertising at issue had been challenged by Charter Communications, Inc. in a National Advertising Division’s (NAD) Fast-Track SWIFT challenge, an expedited process designed for single-issue advertising cases. The claim appeared in two of Google’s commercials for YouTube TV service. Following NAD’s decision (Case No. 7233), Google appealed NAD’s recommendation to discontinue the challenged advertising claim.

The challenged “$600 less than cable” claim, was accompanied by a disclosure identifying “comparable standalone cable” as the basis of comparison. The price calculation underlying the challenged claim included the cost of two set-top boxes per household for “standalone cable” services.

The NARB panel determined that the commercial disclosures were not clear and conspicuous.

Further, in agreement with NAD, the NARB panel concluded that at least one reasonable interpretation of the challenged claim is that YouTube TV is $600 less than any comparable service available from companies traditionally associated with cable services. However, this comparison does not align with the challenged claim because:

•  Many households can subscribe to basic Spectrum service without renting cable boxes, therefore Google failed to justify the cost of two set-top boxes in its price comparison, and
   
•  In certain markets, cable providers offer regional sports networks (RSNs) but YouTube does not, therefore Google did not have a valid reason for adding the cost of Spectrum’s Sports View option to the price comparison.

   

For these reasons, the NARB panel adopted NAD’s recommendation that Google discontinue the claim that its YouTube TV service is “$600 less than cable.”

Google stated that it “disagrees with NARB’s determination that people watching the challenged commercials will somehow understand ‘cable’ to mean something other than traditional cable television,” however it “intends to modify or cease the disputed advertising claim.” Google further stated that, at a later date it “may reconsider the claim based on updated information.”

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.