Author: Operations Team

New York, NY – August 9, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has referred advertising claims made by Comcast Cable Communications Management, LLC to the Federal Trade Commission (FTC) for review after the company declined to comply with NARB’s recommendations to modify or discontinue certain advertising claims for Xfinity Mobile.

Following NAD’s decision (Case No. 7160), Comcast appealed NAD’s recommendations to modify or discontinue certain challenged advertising claims. The advertising at issue had been challenged by AT&T Services, Inc.

Comcast (under the Xfinity Mobile brand) uses Verizon Wireless’ network to provide cellular service to its mobile customers. Xfinity Mobile customers use voice and data services on their mobile devices through (i) their Xfinity home internet, (ii) millions of public Xfinity WiFi hotspots if the customer is within range, or (iii) the Verizon Wireless cellular network.

The NARB panel affirmed NAD’s decision in its entirety and recommended that Comcast:

• Modify its advertising to clearly and conspicuously disclose that its “fastest mobile service” claim is based on combined WiFi and cellular speeds and that the claim is true only within its WiFi footprint or when connected to WiFi;
• Discontinue its “most reliable,” “highest ranked,” and “best network” claims for Xfinity Mobile; and
• Clearly and conspicuously disclose in its advertising that to be eligible to subscribe to Xfinity Mobile, Xfinity Internet is required.

Finally, the NARB panel concluded that use of a hyperlink on the Xfinity Mobile website to make any of the recommended disclosures would not satisfy the conspicuous standard.

Comcast stated that it “disagrees with NARB’s decision and maintains that each of its claims is truthful and non-misleading.” Further, Comcast stated that “NARB disregarded relevant information and evidence concerning the network reliability Xfinity Mobile customers receive” and “because NARB’s decision would prohibit Comcast from truthfully promoting the network that Xfinity Mobile customers receive, Comcast cannot comply with NARB’s recommendation to discontinue these claims.”

Given Comcast’s decision not to comply with the NARB panel’s recommendations, NARB is referring the advertising to the FTC for possible enforcement action.

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 – August 3, 2023 – In a challenge brought by Bemis Manufacturing Company, the National Advertising Division (NAD) of BBB National Programs determined that additional clarifying language was necessary to qualify claims made by Ginsey Industries, Inc. regarding the antimicrobial protections provided by its Clorox Antimicrobial line of toilet seats. Ginsey is a licensee of The Clorox Company, which was not a party to this matter.

The underlying efficacy of the antimicrobial properties of the toilet seat was not at issue in the case, which concerned the manner in which the antimicrobial benefit was communicated to consumers.

During the challenge Ginsey voluntarily committed to:

• Add a disclosure (clarifying statement) to its product packaging and its advertising and all descriptions for products in which “antimicrobial” is used that “This product does not protect users against bacteria, viruses, or other disease organisms. Always clean and wash this product thoroughly before and after each use”; and
• Revise all online product listings to remove the image of a shield that includes an antimicrobial checkmark image inside the Clorox chevron logo.

In addition, NAD recommended that Ginsey modify its advertising to ensure that the clarifying statement is clear and conspicuous, including that Ginsey:

• Modify its website advertising by moving its clarifying statement into close proximity to the triggering “antimicrobial” claims; and
• Work with retailers to implement similar modifications to advertising for its products on retailer websites.

NAD considered but was not persuaded by Bemis’ argument that the challenged advertising communicates the implied claim that a Clorox product (likely bleach) is the active ingredient in providing antimicrobial protection. NAD found that use of the Clorox brand name is not misleading when it is used together with the clarifying statement.

Finally, NAD recommended that the clarifying statement be clear and conspicuous and placed into close proximity to any claim that touts Ginsey’s products as being antimicrobial or containing antimicrobial properties including where the claim is coupled with the famous Clorox chevron logo on third-party sites.

In its advertiser statement, Ginsey stated that although it respectfully disagrees that “further modifications to its online product listings are necessary to protect consumers,” it agrees to comply with NAD’s decision.

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 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 – August 2, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Danone US, LLC’s “50-calorie” claim for Dannon Light & Fit Zero Sugar products is substantiated.

The claim at issue, which appears on product packaging, was challenged by competitor Chobani, LLC. Chobani and Dannon produce the only two available such products free from sugar and artificial sweeteners – Chobani Zero Sugar and Dannon L&F Zero Sugar.

NAD determined that Danone’s confidential evidence provided a reasonable basis to support its 50-calorie claim.

NAD considered Chobani’s calculations and third-party testing supporting its argument that Dannon L&F Zero Sugar products contain more calories than the label indicates, however, NAD found that it was not more persuasive than Danone’s evidence.

In its advertiser statement, Danone stated that it “carefully determines the number of calories in its products and appreciates NAD’s finding that the 50-calorie claim for its Light + Fit Zero Sugar products is supported.”

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.

McLean, VA – July 31, 2023 – BBB National Programs’ data privacy watchdog, the Digital Advertising Accountability Program (DAAP), brought Sharethrough, a Montreal-based advertising exchange, into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising.

Sharethrough connects marketing campaigns, journalists, and content creators with supply-side advertising platforms in a variety of formats including display, video, and native advertising. DAAP monitors the digital marketplace for compliance with digital interest-based advertising best practices. As part of its ongoing monitoring activity, DAAP conducted a review of Sharethrough’s third-party targeted advertising practices.

Though Sharethrough-provided advertisements identified by DAAP displayed the required DAA Ad Choices icon link per the DAA Principles, clicking on it redirected users to the top of Sharethrough’s privacy policy without clear, meaningful, or prominent indications of where IBA-specific disclosures could be accessed. In addition, the privacy policy’s scattered references to Sharethrough’s IBA practices lacked an easy-to-use IBA opt-out mechanism and a statement of adherence to the DAA Principles.

In response to DAAP’s inquiry, Sharethrough reviewed its practices for compliance with the DAA Principles. To meet its obligations and ensure consumers can easily learn more about how their data is being collected and used by third parties, Sharethrough modified its privacy policy, including:

• Adding a new easy-to-find Section 10, titled “Industry Self-Regulation & Ad Choices,” which includes a statement of adherence to the DAA Principles, a description of the DAA-developed IBA opt-out tool, and a link for users to access the tool.
• Changed the Ad Choices link so that it takes users directly to Section 4, “Why We Collect Your Information.”
• In Section 4, added a description of opt-out choices and a jumplink that takes users directly to the new Section 10.

In its advertiser statement, Sharethrough stated that it is “strongly committed to establishing trust and accountability within the ad tech ecosystem, among our partners, and to users.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.

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 Digital Advertising Accountability Program: The Digital Advertising Accountability Program (DAAP), a division of BBB National Programs, was developed by the Digital Advertising Alliance (DAA) to enforce industry self-regulation principles for data privacy in online and mobile advertising, holding companies accountable to the DAA’s Privacy Principles. DAAP provides guidance to companies looking to comply with industry principles and responds to complaints filed by consumers about online privacy.

New York, NY – July 28, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Altice USA, Inc. modify its advertising to avoid conveying the message that it has faster download speeds than AT&T in markets where Optimum Internet competes with AT&T.

NAD determined that Altice’s claim, “Optimum has faster download speeds than AT&T nationwide,” in context, reasonably conveys the message that consumers will receive faster speeds nationwide if they switch to Optimum from AT&T, including where both services are available.

NAD noted that, unlike wireless internet, the comparative speed of two fixed internet networks is primarily meaningful to customers who are or plan to be located in a service area in which the two networks overlap.

NAD determined that Altice provided a reasonable basis for the challenged claim by relying on undisputed Ookla Speedtest data that it has faster speeds based on a nationwide average. However, more granular state-wide data submitted by AT&T raised concerns about the actual comparative speed of the two services when looking at their overlapping service area.

NAD concluded that claims of faster download speeds in markets where the services overlap were not substantiated.

NAD found that while Altice’s disclosure “based on analysis by Ookla of Speedtest Intelligence data comparing national median fixed download speeds of Optimum and AT&T Internet, Q4 2022,” does inform consumers of the source of the claim, it does not adequately explain that the claim does not compare speeds in areas where the two services overlap.

NAD recommended that Altice modify its advertising to avoid conveying the message that it has faster download speeds than AT&T in markets where Optimum Internet competes with AT&T.

In its advertiser statement, Altice stated that it “appreciates NAD’s recommendations and will take them into account in future advertising.”

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 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.