Category: CE

New York, NY – February 21, 2024 – In a Fast-Track SWIFT challenge brought by Verizon Communications Inc., BBB National Programs’ National Advertising Division recommended that Charter Communications, Inc. discontinue the claim that Verizon customers will “save over $1,500 in their first year” if they switch to Spectrum Mobile or modify the claim by adding or improving certain disclosures.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

The challenged claim appeared in commercials for Spectrum Mobile comparing costs between two couples with different mobile carriers. “George and Heidi” with Verizon stand under a “Verizon” heading and “Dan and Tina” with Spectrum Mobile and stand under a “Spectrum Mobile” heading. Under the headings, both couples are shown to have two lines, unlimited data, and nationwide 5G. Large print text states that Spectrum Mobile customers “SAVE OVER $1,500 FIRST YEAR.” George and Heidi are told that they pay “way too much” and decide that they are “switching to Spectrum.”

NAD considered whether a consumer interested in maximizing savings would reasonably assume that the comparison involves the two least expensive or entry-level plans. NAD concluded that while Charter may compare the pricing of two plans at different “tiers” within the carriers’ offerings, in this context, it must be clear that the lowest tier Spectrum Mobile plan is being compared with a plan that is not Verizon’s lowest tier plan.

In addition, NAD considered whether the advertising omits material information, specifically, the requirement that one must have Spectrum Internet to take advantage of the offer for Spectrum Mobile. NAD determined that the disclosure that Spectrum Internet is required is not clear and conspicuous.

For these reasons, NAD recommended that Charter discontinue the claim that “With Verizon, George and Heidi pay way more for their two unlimited lines,” along with several other claims including “ONLY $29.99 / MO FOR 12 MOS;” “SAVE OVER $1,500 FIRST YEAR;” “$1,516.68 Savings First Year;” “No Hidden Fees;” “No Added Taxes,” or modify the claim to clearly and conspicuously disclose the Spectrum Internet requirement as well as the plans forming the basis of the price comparison and otherwise avoid conveying the message that Verizon does not offer a lower price tier.

In its advertiser statement, Charter stated that while it “disagrees that its existing disclosures were insufficient” it “will comply with NAD’s recommendations to improve the disclosures it includes with its savings claim for Spectrum Mobile.”

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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

In “Innovation Momentum 2024: The Global Top 100” LexisNexis uncovers which companies, industries and regions are driving innovation forward

NEW YORK, February 21, 2024 – Select companies in the pharmaceutical, semiconductor and information technology industries are pushing innovation at a remarkable pace, while new advances in the automotive industry are also driving innovation, according to new data measuring patent quality and quantity.

LexisNexis^® Legal & Professional, a leading global provider of information and analytics, today released the third edition of its “Innovation Momentum: The Global Top 100” report. The annual study analyzes patent data to reveal how the pace and focus of innovation have evolved over the past two years. It identifies the top 100 companies that continue pushing boundaries in their respective fields by evaluating both the quality and volume of a company’s patents, differentiating between small, high-quality portfolios and large, well-maintained ones – an approach that allows recognition of genuine innovators that outperform their peers and push boundaries in their technology field.

Key Insights:

1. Industry Distribution: The pharmaceuticals industry retains the top spot, with consistent innovation. Semiconductors hold second place with strong growth, building on pandemic-fueled needs for digital adoption. Meanwhile, the automotive industry contributes more strongly to the top 100 list than last year.

Table 1 The breakdown of the number of innovators by industry and region.

2. AI Innovation Landscape: The report touches on the AI innovation landscape, showcasing companies like Nvidia and Juniper at the forefront of AI development. Juniper shows a steady portfolio increase with high quality patents being cited by Cisco, Huawei and Broadcom, making them an interesting acquisition target for Hewlett-Packard Enterprise.
3. Advancements in Autonomous Driving: Companies like Aptiv and Tesla are highlighted for their focused efforts in autonomous driving and autonomous vehicle technologies. Tesla has increased its patent portfolio size by almost 14% within the last two years, developing high-quality patents that are referenced extensively by major players like Ford, Hyundai Motor, VW Group, Toyota, and others looking to build on Tesla’s innovations.
4. Global Distribution of Innovators: S.-based companies excel in Pharmaceuticals and Information Technology, while Asia dominates in Electronics and Semiconductors, according to the new report. Notably, whereas China and Korea remain the Asian powerhouses, the inclusion of China’s Mainland companies dropped from 13 (last year) to only 7.

5. New Entrants: The report introduces 24 new entrants to the list, including notable newcomers like German company ZEISS, provider of the glass for Apple’s new VR Vision Pro, and Japan- headquartered Daikin, which has put an emphasis on sustainability in their heating, ventilating, air conditioning and refrigerating (HVAC&R) innovations.
6. Strategic Significance of Intellectual Property: The report acknowledges the strategic significance of intellectual property, exemplified by companies like IBM, which has transitioned to a value-driven approach in managing its patent portfolio.
7. Qualitative Patent Strategies: Key companies such as CATL, Tempus Labs, and STMicroelectronics are identified for their innovative patent strategies, showcasing their unique
8. Role of Smaller Companies: Smaller companies like Mirati Therapeutics and Splunk are recognized for their agility and niche expertise, which made them attractive M&A targets for Bristol-Meyers Squibb and Cisco, respectively.
9. Academic Focus Areas: Academia’s focus on healthcare and chemistry is highlighted, with significant patent holdings in these areas by organizations like Broad Institute and Mass General Brigham, along with the rising importance of data analytics and AI in academic IT

“With technology rapidly redefining markets, success depends on tracking innovation trajectories and signals. For C-suite executives and investors alike, these data-driven innovation insights are indispensable for strategic planning and decision-making. The report highlights emerging innovation powerhouses across sectors that deserve a place on every corporate radar. Its insights also suggest potential partnerships and M&A opportunities that could shape competitive positioning.” said Marco Richter, Head of Global Customer Success for LexisNexis^® Intellectual Property Solutions.

The full report is available for download at https://www.lexisnexisip.com/innovation-momentum-report.

It provides data-driven insights into the world’s leading innovators and the dynamics driving technology development.

About LexisNexis^® Legal & Professional

LexisNexis^® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis^® and Nexis^® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

About LexisNexis^® Intellectual Property Solutions

LexisNexis^® Intellectual Property Solutions bring clarity to innovation for businesses worldwide. We enable innovators to accomplish more by helping them make informed decisions, be more productive, comply with regulations, and ultimately achieve competitive advantage for their business. Our broad suite of workflow and analytics solutions (LexisNexis^® PatentSight+^™, LexisNexis Cipher^™, LexisNexis^® IPlytics^™, LexisNexis PatentOptimizer^®, LexisNexis PatentAdvisor^®, and LexisNexis TotalPatent One^®, LexisNexis^® IP DataDirect), enables companies to be more efficient and effective at bringing meaningful innovations to our world. We are proud to directly support and serve these innovators in their endeavors to better humankind.

Media Contact:
Holger Zimmer
Global Director Strategic Communications and Partnerships
Holger.Zimmer@LexisNexis.com
+49 151 176 636 75

New York, NY – February 15, 2024 – Following a challenge brought by the BBB National Programs National Advertising Division as part of its routine monitoring program, MOSH PBC discontinued certain advertising claims used to promote its Mosh Protein Bars.

The National Advertising Division (NAD) challenged the claim that Mosh Protein Bars are:

• “Expertly formulated to crush cravings *and* give you a mental boost, wherever and whenever you need it most. Plus, set you up for long-term brain health. All in one little bar;” and
• The implied claim that consuming Mosh protein bars will eliminate brain fog and provide meaningful and long-term cognitive benefits.

Further, during the inquiry, MOSH stated that it would make a modified claim: “Formulated with adaptogens, superfoods and vital brain nutrients.”

MOSH informed NAD that it permanently discontinued the challenged and modified claims. Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

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. 

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – February 13, 2024 – BBB National Programs’ National Advertising Division has closed a Fast-Track SWIFT challenge initiated by ACCO Brands USA, LLC regarding advertising by Performance Designed Products LLC (PDP) for certain game controller claims.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

ACCO argued that a number of PDP’s controllers do not support motion control, despite being labeled as having that function. Motion control is a feature that allows a player to play certain games that support the function by moving the entire controller, rather than manipulating the sticks and buttons on the controller.

Although PDP argued that NAD lacks jurisdiction to hear this case on several grounds, NAD determined that it does have jurisdiction.

PDP informed NAD that it has:

• Voluntarily discontinued, or is in the process of discontinuing, any claims that its controllers have motion control for those controllers that lack this function; and
• Voluntarily modified its product labels and website product pages to clearly and conspicuously disclose that it does not have motion control by adding “Motion Controls Not Supported.”

Therefore, NAD did not review the claims on their merits and will treat the discontinued and modified claims, for compliance purposes, as though NAD recommended their discontinuance or modification.

In its advertiser statement, PDP stated that it “previously communicated to NAD that it undertook corrective actions to address an acknowledged packaging error on certain of its products prior to its receipt of a filed challenge.  For this reason, PDP respectfully disagrees with the assertion that it chose to voluntarily discontinue or modify the challenged claims as a result of the proceedings.”

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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – February 5, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Comcast Cable Communications, LLC discontinue use of the term 10G in the product service name “Xfinity 10G Network” and when 10G is used descriptively to describe the Xfinity network. The use of 10G in a manner that is not false or misleading and is consistent with the panel decision (e.g., in a manner that does not misleadingly describe the Xfinity network) is not precluded by the panel recommendations.

This recommendation is consistent with the conclusion in another filed by Comcast following the National Advertising Division’s (NAD) decision in a similar (but not identical) advertising challenge brought by Verizon Communications Inc. (NAD Case No. 7213; NARB Panel 326).

The advertising at issue in this appeal had been challenged by T-Mobile US, Inc. Following NAD’s decision (Case No. 7212), Comcast appealed NAD’s finding that 10G as used by the advertiser communicates express messages that are unsubstantiated. T-Mobile cross-appealed NAD’s determination that Comcast provided a reasonable basis for its “Next Generation” claim and the implied claim that Comcast had already achieved a major technological revolution.

In agreement with NAD, the NARB panel determined that Comcast should discontinue use of the term 10G, both when used in the name of the network itself (“Xfinity 10G Network”) as well as when used to describe the Xfinity network.

In so finding, the NARB panel concluded that 10G expressly communicates that the Xfinity network provides subscribers with 10 Gbps speeds. The panel concluded that the substantiation Comcast relied on to support this claim was not sufficient because of limitations concerning Comcast’s Gigabit Pro service tier, including the difficulty of finding the availability of the service on the Xfinity website, the possible need to obtain local government permission to install the necessary fiber, and the relatively high cost of the service. In addition, the panel noted that Comcast had not disclosed the number of consumers who subscribed to that tier service.

Further, the NARB panel agreed with NAD’s conclusions that Comcast has provided support for its Next Generation claim and, as incorporated in the arguments for such, the implied claim that Comcast had already achieved a major technological revolution based on its substantial investment in the Xfinity network that has resulted in significant improvements in key metrics of interest to consumers.

Comcast stated that although it strongly disagrees with NARB’s analysis and approach, Comcast will comply with NARB’s recommendations, and “reserves the right to use the term ‘10G’ (or ’Xfinity 10G’) in a manner that does not misleadingly describe the Xfinity network itself.”

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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – February 8, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that Kimberly-Clark Inc. (K-C) discontinue claims that Huggies is the “#1 Best Fitting Diaper” and modify its advertising to, among other things, avoid conveying that its diapers have a superior fit over all diapers on the market, including those sold by P&G under its Pampers brand.

The National Advertising Division (NAD) also concluded that the advertising did not reasonably convey that all Huggies brand diapers provide superior leakage protection.

P&G challenged K-C’s television commercials, print, digital media, and website claims that K-C’s diapers are the “#1 Best Fitting Diaper.”

NAD concluded that some consumers may reasonably take away the message that the “#1 Best Fitting Diaper” claims are true of all Huggies diapers rather than the Little Movers or Little Snugglers products. NAD noted that K-C did not provide any evidence of the superior fit of Huggies-branded diapers other than Little Movers.

With respect to Little Movers, NAD determined that K-C’s study did not provide a reasonable basis for its #1 diaper fit claims and recommended discontinuance of the claims.

NAD further recommended that K-C modify its advertising to avoid conveying the following messages:

• All Huggies branded diapers provide a superior fit versus all diapers on the market.
• Because Huggies diapers have the [“most curves”] [a “curved and stretchy fit”], they will provide a better fit/better conform to baby’s shape during wear, than other diapers on the market.
• Because Huggies diapers have the [“most curves”] [a “curved and stretchy fit”] when stretched and laid flat they will provide a better fit/better conform to a baby’s shape during wear than other diapers on the market.
• Huggies Little Movers diapers provide superior fit versus all diapers on the market.

Regarding leak protection claims, NAD determined that K-C’s commercial and website do not reasonably convey a message of superior leakage protection versus other products.

Some variations of the challenged #1 claim appear in the context of a side-by-side comparison of the Huggies diaper with a Pampers diaper. The comparison depicts an open   Huggies diaper next to a Pampers diaper. Curved dotted lines are drawn to the left and right of the Huggies diaper, highlighting its curved sides.

While NAD determined that, independent of the #1 Diaper Fit claims, the display of the diapers side-by-side did not convey a superiority message requiring support on K-C’s website and in the Little Movers commercial, it recommended that K-C modify the side-by-side comparison so that the dotted lines are used to depict equivalent parts of each diaper. During the proceeding, K-C voluntarily agreed to modify the dotted lines that appear on the side-by-side comparison to more accurately represent the Pampers’ diaper absorbent core.

NAD further recommended that K-C modify the side-by-side comparison in the Little Snugglers commercial, with the claim that “only Huggies has the most curves to fit your delicate skin,” to avoid conveying the message that Huggies have a superior fit due to having more curves.

In its advertiser statement, K-C stated that it “will comply with NAD’s recommendations” and that it “respectfully disagrees with NAD’s conclusions related to the #1 fit claims.”

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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:

Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org