National Advertising Division Finds RxSugar® Does Not Suggest Prescription Grade; Recommends Nutrishus Brands Discontinue or Modify Certain Other Claims

New York, NY – November 15, 2023 – The National Advertising Division (NAD) of BBB National Programs concluded that the brand name “RxSugar®” does not suggest that the product is prescription grade, however, NAD recommended that Nutrishus Brands, Inc. modify or discontinue certain RxSugar® claims:

  • Qualifying the RxSugar® name to avoid conveying the message that RxSugar is or contains sugar;
  • Modifying the phrase “plant-based certified sugar” to make clear that the certification pertains to the plant-based attribute of RxSugar® products; and
  • Discontinuing the claim that RxSugar® is “real sugar . . . just like your traditional sugar, except for one piece. It is missing one particular molecule, so the body doesn’t recognize it as sugar” or modifying it to accurately illustrate the chemical differences between RxSugar® and sugar.

 

The claims at issue were challenged by the Sugar Association, Inc., a trade group that represents the interests of the sugar industry and supports scientific research and consumer education about the role of sugar in human health.

Nutrishus’ RxSugar® brand is made from allulose, a “rare” sugar that is chemically distinct from sucrose (table sugar) and differs from sucrose in a number of ways, including how it is metabolized in the human body.

Product Name

NAD concluded that the use of “Rx” did not convey the express message that RxSugar® products were prescription or prescription grade products, nor the alleged implied message that RxSugar® products were healthier than regular sugar.

However, NAD determined that the name RxSugar® expressly conveys the misleading message that RxSugar® products contain sugar (sucrose) and that the labeling elements, including the statement of identity, did not make it clear that the product is allulose sugar – an alternative to sugar as consumers commonly understand the term. Therefore, NAD recommended that the RxSugar® name be modified, including qualifying the name to avoid conveying the message that RxSugar® is or contains sugar.

Certified Sugar

NAD concluded that the phrase “plant-based certified sugar,” as it was presented in Nutrishus’ QVC commercial, was misleading because it was not clear what the phrase means or what exactly is being certified. Therefore, NAD recommended that the claim be modified to make clear that the certification pertains to the plant-based attribute of RxSugar® products.

Just Like Your Traditional Sugar

NAD determined that the statement that allulose is “just like your traditional sugar except for one piece…” oversimplifies the chemistry at issue and conveys a misleading message about the differences between allulose and sugar as consumers commonly understand the term. NAD therefore recommended that Nutrishus discontinue the claim that RxSugar® is “. . . just like your traditional sugar, except for one piece. It is missing one particular molecule so the body doesn’t recognize it as sugar” or modify it to accurately illustrate the chemical differences between RxSugar® and sugar.

In its advertiser statement, Nutrishus stated it “will comply with NAD’s decision” and that it is “pleased to include additional information on its label and in its advertising so that there can be no mistake that RxSugar® is not what is commonly known as ‘sugar’ (sucrose).” Nutrishus further stated that it “supports any direction that further highlights the products’ distinction” from sugar.

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 Information

Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

LexisNexis Expands Legal Generative AI Ecosystem for Lawyers & Law Schools

Company launches Lexis Snapshot with free preview for commercial customers and introduces Lexis Create enhanced with generative AI capabilities in Microsoft Word

NEW YORK – LexisNexis® Legal & Professional, a leading global provider of information and analytics, today announced the expansion of its generative AI-enabled legal product ecosystem that supports conversational search, intelligent legal drafting, insightful summarization, and document analysis. According to an early user survey, the recently launched Lexis+ AI™ is already driving significant productivity benefits; and select law school faculty are next in line to experience Lexis+ AI. LexisNexis is introducing a new generative AI service called Lexis® Snapshot that alerts users to summaries of legal documents across the LexisNexis portfolio, and Lexis+ AI capabilities are now available in the Lexis® Create document drafting tool that’s integrated into Microsoft Word.

Lexis+ AI

Lexis+ AI is a generative AI solution designed to transform legal work. Its answers are grounded in the world’s largest repository of accurate and exclusive legal content from LexisNexis with industry-leading data security and attention to privacy. LexisNexis is focused on the continuous improvement of Lexis+ AI through customer feedback and the rapid development and introduction of new features and capabilities.

According to a survey among commercial preview customers, 86% agree that Lexis+ AI is easy to use. Respondents also report that Lexis+ AI is driving significant productivity gains in law firms:

  • 89% estimate they will save up to 6 hours per week on summarizing case law
  • 78% estimate they will save up to 4 hours per week on legal drafting
  • 77% estimate they will save up to 6 hours per week uploading and summarizing documents
  • 74% estimate they will save up to 7 hours per week on legal research

“Lexis+ AI is a fascinating product worth using to save time,” said Judy Andresen, Business and Legal Research Analyst, DLA Piper.

Greg Lambert, Chief Knowledge Services Officer at Jackson Walker LLP strongly agrees Lexis+ AI is both useful and trustworthy. “I have found the ability to prompt the legal research tool with a common language query to be extremely useful and the results have been very good. It gives me a great place to start.”

According to Sukhdeep Gosal, Deputy District Attorney, Sutter County District Attorney’s Office, Lexis+ AI “works great with simple, quick questions you need answered without having to go through a whole bunch of cases or laws.”

To date, Lexis+ AI has been developed with commercial preview users from leading global law firms, corporate legal departments, U.S. small law firms, and U.S. courts, and the company plans to expand its commercial preview program to legal professionals in Canada, the UK, France, and Australia in 2024.

Now, law school librarians, legal research and writing, and legal technology professors at all U.S. American Bar Association (ABA) accredited law schools will have access to Lexis+ AI. Feedback from this set of customers will be used to further refine the solution, develop cutting-edge and ethical AI education tools, and inform the product’s introduction to additional faculty.

Lexis Snapshot

LexisNexis is also injecting generative AI capabilities across its product portfolio. The new Lexis Snapshot service utilizes the power of generative AI to deliver summarized complaint filings for civil cases across the U.S. Federal District Court. Snapshot delivers key insights including the nature of the case, plaintiff and defendant information, alleged harm, and requested remedies, which saves hours of research time and accelerates both business development opportunities and response time.

The alerting service ensures business development and client impacts are identified as quickly as possible. At launch, the Lexis Snapshot service can be added to CourtLink, with a view to expand the service to additional products and document types within the LexisNexis generative AI-enabled legal product ecosystem in future releases. The Lexis Snapshot service will be free to preview for CourtLink customers through the end of 2023.*

Lexis Create

In the U.S., LexisNexis is enhancing its generative AI capabilities directly where legal professionals work and extending its long-standing relationship with Microsoft through the general availability of Lexis Create, a comprehensive, intelligent drafting solution available as an add-on for Microsoft Word. Lexis Create puts Practical Guidance and Market Standards content, Shepard’s Citations, AI-powered Clause Intelligence, and other powerful recommendation and collaboration tools directly into the legal drafting workflow, helping users get started quickly and work confidently throughout every stage of their draft. The legal drafting solution now integrates directly with Lexis+ AI, further increasing the speed and ease of legal drafting.

“We’ve seen unprecedented demand for Lexis+ AI, and early usage results reinforce how transformative LexisNexis generative AI technology is for our customers’ work,” said Sean Fitzpatrick, CEO of LexisNexis North America, UK, and Ireland. “We’re rapidly introducing generative AI capabilities across our entire legal product portfolio to accelerate our customers’ success and to deliver significant productivity, work quality, and value gains for their firms and institutions.”

LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias.

For more information on generative AI capabilities at LexisNexis and to schedule a Lexis+ AI demo, visit www.lexisnexis.com/ai.

To learn more about Lexis Snapshot and Lexis Create, visit lexisnexis.com/lexis-snapshot and lexisnexis.com/lexis-create.  

*Excludes LexisNexis government customers and/or where free previews are prohibited.

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. 

Media Contact
Dana Greenstein
Director of Communications, North America & UK
LexisNexis Legal & Professional
212-448-2163
dana.greenstein@lexisnexis.com

New-look MICHELIN Guide Ceremony Heralds New 3-Starred Restaurant in Chicago

  • Chicago’s Smyth earns three MICHELIN Stars
  • New York restaurants odo and Sushi Noz each receive two Stars
  • Inspectors award new Green Stars in New York and Chicago
  • 12 restaurants earn MICHELIN Stars for the first time

 

NEW YORK, Nov. 7, 2023 — The first MICHELIN Guide Ceremony bringing together New York, Chicago and Washington, D.C., definitely packed a punch, with a new three- MICHELIN-Starred restaurant and two new two-Stars.

Chicago’s Smyth was awarded its third MICHELIN Star, and New York restaurants odo and Sushi Noz each took home two Stars. Chicago’s Daisies received a MICHELIN Green Star, as did Dirt Candy and Family Meal at Blue Hill in New York.

“The famously anonymous MICHELIN Guide inspectors delivered huge news to punctuate a one-night-only celebration for these three culinary communities – buzzing with excitement and emotion, support and encouragement,” said Gwendal Poullennec, the International Director of the MICHELIN Guides. “These milestone announcements solidify these cities as some of the best places in the world to visit for culinary adventures.”

Chicago

  • Smyth steals the show, but Daisies commands spotlight with Green Star
  • Inspectors name two new MICHELIN-Starred eateries in the Windy City
  • Selection comprises 154 restaurants and 38 types of cuisine


“The inspectors have been carefully monitoring the progress at Smyth, especially since it earned two MICHELIN Stars in 2017,” Poullennec said. “They unanimously decided that now is the time to reward the restaurant, Chefs John Shields and Karen Urie Shields, and their staff for delivering peak creativity, precision and teamwork. This is an elite restaurant.”

Here are the new MICHELIN-Starred restaurants, with inspector notes from each (inspectors’ comments in full on the MICHELIN Guide website and mobile app):

Three MICHELIN Stars

Smyth (West Loop; contemporary/creative cuisine)

The very chic Smyth, with its lounge styling and open kitchen, is helmed by Chefs John Shields and Karen Urie Shields. Their cooking is bold and often pushes boundaries, all the while impressing. Sheer creativity is applied to seasonal produce, some of which comes from their garden. A quail egg, gently smoked and topped with caviar, is given a twist with barley caramel. Resting inside its shell, plump Maine uni, amplified with a divine peach gel and wasabi cream, is both stunning and memorable. The chefs’ creativity is on full display in an utterly unique Dungeness crab dish, while wagyu sided by a truffle-flavored doughnut with marrow glaze is yet another hit.

One MICHELIN Star

Atelier (Lincoln Square; American cuisine)

In full view of the dining room, Chef Christian Hunter and his team chart new waters, ever determined to make their own mark on this intimate space. Working quietly and seamlessly, the kitchen delivers a carefully calibrated tasting menu supported by nearby farms and packed with flavor and originality. Familiar dishes like marinated beets, pimento cheese and Caesar salad arrive remodeled and refined, astutely seasoned, and never a leaf or morsel out of place. Hope that the warm clam chowder with lamb bacon and chive oil is still available. It’s a total showstopper.

Indienne (River North; Indian cuisine)

In a city where kitchens break molds and defy expectations, Chef Sujan Sarkar makes a splash of his own on this quiet strip of River North. À la carte is available, but first timers should start with the tasting menu, where Sarkar delivers an original, modern vision of Indian cuisine. His food may look like pieces of art but taste like familiar favorites pulled from across his vibrant homeland. At times showcasing a hint of French sensibility, pani puris, chats and curries arrive deftly spiced and elegantly presented. The kitchen is quick, and the overall effect is impressive refinement.

MICHELIN Green Star

Daisies (Logan Square; Italian cuisine)

Chef/owner Joe Frillman’s menu focuses on produce, and much of that produce comes from his brother’s 30-acre farm, 70 miles outside the city. The restaurant has a fermentation program to preserve produce and limit waste, as well as a compost program to fertilize the farm’s soil and feed its chickens. Its goal is to source local, sustainable food whenever possible and to minimize its footprint by finding uses for commonly discarded items.

Special Awards – Chicago

In addition to the new Bib Gourmand restaurants and Stars, the Guide announced four special awards:

New York

  • 8 New York eateries receive MICHELIN Star awards for first time
  • Dirt Candy and Family Meal at Blue Hill earn MICHELIN Green Stars
  • Selection comprises 421 restaurants and 62 types of cuisine


“The rise of odo and Sushi Noz has been swift and stunning,” Poullennec said. “These restaurants boast exquisite ingredients and intricate preparation, capped off with the meticulous presentation and attentive service.”

Two MICHELIN Stars

odo (Flatiron; Japanese cuisine)

A serene atmosphere awaits in-the-know diners at this secluded counter, closed off from the cocktail bar in front to foster a mood of intimacy. The service, like the ambience, is warm but unobtrusive, allowing focus to fall on the singular kaiseki menu on offer. Under the assured hand of namesake Chef Hiroki Odo, the cuisine skillfully blends tradition and creative personal touches for a meal that is anything but stuffy.

Flavors are both vibrant and precise, with a depth and purity that attests to superbly sourced ingredients and careful preparation. From a savory broth with impeccably cooked tilefish, lifted with locally grown yuzu, to springy house-made soba noodles with indulgently rich salmon roe, this is cooking that will linger in the memory.

Sushi Noz (Upper East Side; Japanese/sushi cuisine)

There is a certain energy that courses through this sacred space, where every detail recreates an intimate Japanese refuge. Some of the tools alone are marvels, and Chef Nozomu Abe is a meticulous and engaging craftsman. When booking, keep an eye out for his dates and time slots. Commence with cooked dishes like pearly sea perch with fresh ponzu dipping sauce and slender pieces of meltingly tender ice fish. Miso soup is the perfect backdrop for silky-soft eel “noodles” with salted egg yolk and crispy tofu pieces, while sushi is jewel-like. True to Japanese hospitality, kimono-dressed staff and the chef himself see guests off with a spirit of gratitude.

One MICHELIN Star

bōm (Flatiron; Korean cuisine)

bōm, a spacious and modern marble counter tucked behind sister restaurant Oiji Mi, showcases contemporary Korean fare. Chef Brian Kim and team have it down to every last detail, with elegant service and well-executed dishes. Of course, there is premium beef ranging from tenderloin and Wagyu short rib to dry-aged ribeye, but there is so much more than just meat here. The dishes display a tight narration, and the presentations are stunning.

Essential by Christophe (Upper West Side; French Contemporary cuisine)

Chef Christophe Bellanca’s dishes echo a simple elegance, evidenced by plump white asparagus on a fragrant bergamot-flavored crème with a refreshing herb vinaigrette and paper-thin slices of watermelon radish. French technique is married with Asian flavors in a dish of three blue prawns with genmaicha tuille, and braised black sea bass with shiitake chutney, razor clams and a turmeric emulsion is memorable. 

Jōji (Midtown East; Japanese/Sushi cuisine)

Three chefs — Xiao Lin, Wayne Cheng and George Ruan — who cut their teeth at Masa now shine in this ritzy location at the base of the gleaming and impressive One Vanderbilt. Jōji has big expectations (and commensurate pricing), but this omakase spot, where tradition reigns but never feels stuffy, rises to the challenge. From the selection of fish (largely sourced from Toyosu Market) to the variety of dishes, a meal here hits all the right notes.

Meju (Queens-Long Island City; Korean cuisine)

This chef’s counter is as much a classroom as it is a restaurant. Chef Hooni Kim is a worthy guide as he builds a deeply personal menu around traditional Korean ingredients that he’s been wild fermenting and aging for the last decade. Dazzling versions of doenjang, gochujang, ganjang and ssamjang shine with silky tofu, fried pancakes, Miyazaki beef and Niman Ranch pork. He brings the room together and impresses with carefully calibrated dishes that appear strikingly minimalist.

Restaurant Yuu (Brooklyn-Williamsburg; French Contemporary cuisine)

Restaurant Yuu pours on the drama, albeit in a supremely elegant way. Chef Yuu Shimano creates dishes that are classically French, but seen through the eyes of Japanese omotenashi. Diners are treated to around 20 courses that could include decadent bites like toasted brioche, made in house by pastry chef Masaki Takahashi, topped with foie gras and a delicate cut of binchotan-seared wagyu.

Shmoné (West Village; Israeli cuisine)

Many kitchens boast about using fresh ingredients, but Shmoné takes that philosophy to another level, creating a new menu daily (though some items stick around). Chef Eyal Shani’s cooking relies on the grill all the way through to dessert, where grilled figs atop Chantilly cream have made an appearance. The flavors are impressively dialed-in and make for a focused meal that is surprisingly approachable and humble.

Sushi Ichimura (Tribeca; Japanese/sushi cuisine)

Among real sushi enthusiasts, Chef Eiji Ichimura is a household name. His career in the city spans two decades, and his commitment to edomae-style omakase has shaped this city’s sushi sensibility. He now finds himself in Tribeca behind a 10-seat counter made from gorgeous cedar wood. He works meticulously and at his own pace, slicing fish flown in from Japan three times a week. 

Torrisi (SoHo/Nolita; Italian-American/Contemporary cuisine)

Nestled inside the landmark Puck Building, this highly imaginative restaurant expertly balances the creative and the familiar. Chefs Rich Torrisi, Mario Carbone and Charlie England and team cater to excited diners, who feast on items like the escarole and endive salad and chicken stracciatella soup with textbook chicken broth, fluffy egg and savory meatballs. It’s the boule, baked, finished on the grill and filled with dreamy clams, that’s pure aromatic bliss.

MICHELIN Green Star

Dirt Candy (Lower East Side; vegetarian cuisine)

Chef Amanda Cohen aims for a meat-free supply chain, seeking to help change the way diners think about vegetables. The restaurant focuses on hyper-local products to make a global impact, including ordering seasonal produce and dairy products from nearby farms. The kitchen uses electric, and the staff reduces and repurposes food waste whenever possible. The restaurant’s wine list is a tribute to women winemakers producing biodynamic wines. Dirt Candy also emphasizes support for its employees by eliminating tipping, offering a health plan and subsidizing educational opportunities.

Family Meal at Blue Hill (Greenwich Village; contemporary cuisine)

Vegetables are a primary ingredient in the menu offered by Chef Mark Ordaz, and they are paired with grains, legumes and dairy, while meat and fish play a supporting role. Chef maintains relationships with several farmers, which allows them to find out promising products that often go overlooked. The restaurant also has an organic rooftop garden. Sustainability education of the staff is also a key component for the restaurant, which also has a composting program, sustainably sourced walnut tables and LED lighting.

Special Awards – New York

In addition to the new Bib Gourmand restaurants and Stars, the Guide announced five special awards:

Washington, D.C.

  • 25 restaurants receive MICHELIN Stars, including two new 1-Stars
  • Selection comprises 122 restaurants and 37 types of cuisine


“The MICHELIN Guide inspection team is delighted add the international flavors of Causa and Rania to the Washington selection of Starred establishments,” Poullennec said. “These world-class restaurants blend tradition with innovation to deliver a delicious meal and memorable experience.”

One MICHELIN Star

Causa (Blagden Alley; Peruvian cuisine)

Chef Carlos Delgado delivers a taste of his birthplace in a dual-concept space in Blagden Alley. Nestled on the first floor, Causa seats around 20 for a tasting menu that takes diners on a journey of flavors inspired by the topography of Peru. It all begins in Lima with coastal seafood, then progresses into the Andes and the Amazon.

Rania (Penn Quarter; Indian cuisine)

This fine dining concept seems fit for a queen, and good thing too, since Rania translates to “queen” in Hindi and Sanskrit. Chef Chetan Shetty delivers something entirely enticing here with his inventive menu. There are plenty of contemporary touches along with a few surprises (think braised pork belly vindaloo).

Special Awards – Washington, D.C.

In addition to the new Bib Gourmand restaurants and Stars, the Guide announced four special awards:

The MICHELIN Guide Ceremony is presented with the support of Capital One.

Hotels

The restaurants join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in New York, Washington, Chicago, and throughout the world.

Each hotel in the selection has been chosen by MICHELIN Guide experts for its extraordinary style, service, and personality — with options for all budgets — and each can be booked directly through the MICHELIN Guide website and app. Standouts from the selection include the rejuvenated Hotel Chelsea in New York, the character-filled Riggs in Washington, and the iconic Soho House in Chicago.

The MICHELIN Guide is a benchmark in gastronomy. Now it’s setting a new standard for hotels. Visit the MICHELIN Guide website, or download the free app for iOS and Android, to discover every restaurant in the selection and book an unforgettable hotel.





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)

About Capital One

At Capital One we’re on a mission for our customers – bringing them best-in-class products, rewards, service, and experiences. Capital One is a diversified bank that offers products and services to individuals, small businesses and commercial clients. We use technology, innovation, and interaction to provide consumers with products and services to meet their needs. Through Capital One Dining and Capital One Entertainment, we provide our rewards cardholders with access to unforgettable experiences in the areas they’re passionate about, including dining, music and sports. Learn more at capitalone.com/dining and capitalone.com/entertainment.

For more information, contact:

Andrew Festa
Michelin North America
andrew.festa@michelin.com

Devon Gunn
Capital One
devon.gunn@capitalone.com
Phone: 571-308-4762

National Advertising Review Board Recommends T-Mobile Modify or Discontinue Certain Comparative Phone Upgrade Claims and Modify Other Device Deal Claims

New York, NY – November 7, 2023 A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that T-Mobile US, Inc. modify or discontinue certain comparative phone upgrade claims, modify claims related to the availability of device deals, and modify disclosures associated with T-Mobile’s payoff and free phone offers in certain advertisements.

The advertising at issue, which appeared in television commercials, a radio ad, and on T-Mobile’s website, had been challenged by competitor AT&T Services, Inc. to the National Advertising Division (NAD). To incentivize consumers to switch to T-Mobile, the “Phone Freedom” campaign advertises that T-Mobile will pay off a customer’s phone contract and give a free 5G smartphone to customers who switch to T-Mobile’s Go5G Plus Plan.

Following NAD’s decision (Case No. 7218), T-Mobile appealed NAD’s recommendation to modify or discontinue certain of the challenged advertising claims.

Upgrade Claims

The NARB panel concluded that certain T-Mobile upgrade claims challenged by AT&T are likely confusing to consumers and do not sufficiently clarify that it compares only AT&T’s standard three-year device installment plan contract (IPC) to T-Mobile’s two-year device IPC offers. The NARB panel also found that a significant minority of reasonable consumers could take away the unsupported message that in the context of the advertisements at issue in this appeal, AT&T offers no ability to upgrade prior to the conclusion of its three-year IPC.

For these reasons, the NARB panel recommended that T-Mobile discontinue its “AT&T and Verizon rope you in with phone offers then bind you to a three-year device contract” and “no two-year upgrade for you” claims and modify its advertising to avoid conveying the unqualified message that AT&T customers are only able to upgrade their phone every three years.  The panel also recommended that T-Mobile modify the claim “You’re upgrade ready a year earlier (emphasis added)” with a T-Mobile two-year device financing agreement to convey this is true relative to an AT&T standard three-year device financing agreement.

New and Existing Customers Claim

The NARB panel agreed with NAD that T-Mobile should modify the claim that Go5G Plus is “the first plan that always gives new and existing customers the same great device deals” to clearly convey that the Go5G Plus plan is the first plan that provides that future device deals will be equally available to new and existing customers.

Payoff and Free Phone Claims

T-Mobile advertises that it will pay off a consumer’s phone contract and give a free 5G smartphone to consumers who switch to T-Mobile’s Go5G Plus plan. The NARB panel considered whether T-Mobile adequately disclosed material limitations on these offers.

The NARB panel agreed with NAD that T-Mobile sufficiently disclosed in its “Locked” tv ad that its payoff offer is limited to an amount up to $650 but recommended that T-Mobile should modify its radio advertisement to disclose the $650 limitation in the payoff claim itself.  With respect to T-Mobile’s website advertising, the NARB panel reversed the NAD in concluding it is not necessary to place the price cap in the website advertisement headline introducing the payoff offer.

As for the $830 price cap on T-Mobile’s free phone offer, the NARB panel agreed with NAD that, with the exception of T-Mobile’s website advertisement, the “Phone Freedom” advertising at issue in the appeal does not include the $830 price cap for its free phone claims. To avoid conveying a misleading message that the phones are free regardless of cost, the NARB panel recommended that T-Mobile clearly and conspicuously disclose the price limitation in close conjunction with its applicable free phone claims.

T-Mobile stated that “the advertising at issue in this challenge was intended to convey the many benefits of Phone Freedom, and while T-Mobile disagrees with certain aspects of the panel’s decision, it is a strong supporter of self-regulation and will take the panel’s recommendations into consideration in formulating its 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.

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

National Advertising Division Finds a Lumineux Whitening Strips “Sensitivity” Claim Supported; Recommends Other Claims be Discontinued or Modified

New York, NY – November 6, 2023 – In a challenge brought by the Procter & Gamble Company (P&G), the National Advertising Division (NAD) of BBB National Programs determined that Oral Essentials, Inc. (OEI) provided a reasonable basis for its on-pack claim that Lumineux Whitening Strips “whitens without the sensitivity.”

However, NAD recommended that OEI discontinue the claim “30 minutes to whiter teeth” or modify it to avoid conveying the message that consumers will experience whiter teeth after using the Lumineux product once for 30 minutes.

 “Whitens Without the Sensitivity”

In support of its “whitens without the sensitivity” claim, OEI relied on two clinical studies, which NAD determined provided reasonable support for the challenged claim. Further, NAD concluded that P&G’s clinical study did not offer more reliable evidence than the studies provided by OEI with respect to whitening-related sensitivity.

“30 Minutes to Whiter Teeth”

NAD found that consumers may reasonably understand the claim “30 minutes to whiter teeth” to mean they will experience noticeably whiter teeth after using the Lumineux Whitening Strips after a single 30-minute application even though the details on the packaging reference that the full whitening effect takes 14 treatments.   

Further, NAD determined that OEI’s proposed disclosure of “when used daily for at least 7 days as directed” would not prevent a misleading message because it would contradict the main message of the claim.

For these reasons, NAD recommended that OEI discontinue the claim “30 minutes to whiter teeth” or modify it to avoid conveying the message that consumers will experience whiter teeth after using the Lumineux product once for 30 minutes.

In its advertiser statement, OEI stated that it “appreciates NAD finding the claim that Lumineux Whitening Strips ‘whiten without the sensitivity’ to be supported by clinical studies. As a strong supporter of the self-regulatory process, OEI will follow NAD’s recommendations and modify claims regarding the duration of usage of Lumineux Whitening Strips needed to achieve whitening.”  

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 Information

Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

National Advertising Review Board Recommends Mohawk Industries Discontinue “Wood Without Compromise” Slogan for RevWood Laminate Flooring

New York, NY – November 3, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Mohawk Industries Inc. discontinue the claim “Wood Without Compromise” for its RevWood laminate flooring product line.

Mohawk sells (through authorized distributors) a laminated/laminate flooring product under the brand name “RevWood.” Its core layer consists of high-density wood fiberboard, typically made from southern yellow pine chips combined with resin to create, which is described by Mohawk, an extremely durable surface that is more dent-resistant than hardwood. 

The advertising at issue had been challenged by the Decorative Hardwood Association. Following a decision by the National Advertising Division (NAD) (Case No. 7207), Mohawk appealed to NARB that NAD recommendation to discontinue using the slogan “Wood Without Compromise.”

In agreement with NAD, the NARB panel concluded that the slogan “Wood Without Compromise” is likely to mislead consumers and recommended that it be discontinued.

The NARB panel based its conclusion on several findings, including:

  • The taglines’ misleading use of the word “wood” since RevWood does not have a wood wearable surface.
  • Mohawk’s failure to demonstrate that initial consumer confusion resulting from the misleading nature of its slogan is later overcome during the process of selecting flooring or by later references on its website to the term “laminate.”
  • Mohawk’s use of the “Wood Without Compromise” tagline with the brand name “RevWood” – a brand name that contains the word “wood” – thereby compounding the misleading nature of the slogan.

 

Mohawk stated that it “respectfully disagrees with NARB’s decision and maintains that its ‘Wood Without Compromise’ slogan is neither false nor misleading; nevertheless, Mohawk is engaged in a brand refresh for its RevWood product and will discontinue use of the slogan as part of the refresh.”

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 Information

Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

National Advertising Division Recommends DIRECTV Modify or Discontinue Two Sports Central Claims 

New York, NY – November 2, 2023 – In a Fast-Track SWIFT challenge brought by the National Football League (NFL), the National Advertising Division (NAD) of BBB National Programs recommended that, for DIRECTV Sports Central, DIRECTV, LLC either:

  • Discontinue the “gives you access to every game…” and “With access to every pro football game on DIRECTV, some guests might overstay their welcome” claims, or
  • Modify the claims to clearly and conspicuously disclose that additional subscriptions beyond a DIRECTV subscription are required to watch every pro football game.

 

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD. The challenged claims appeared in television advertising, a social media video, and on DIRECTV’s website.

DIRECTV now offers its subscribers DIRECTV Sports Central, an integrated interface available through the DIRECTV Gemini device. Using the Sports Central interface, DIRECTV customers can view a directory of sporting events in a single menu, including any live NFL games broadcast on channels that come with a DIRECTV subscription or those which require a third-party subscription.

At issue for NAD was whether the challenged claims convey the unsupported message that DIRECTV customers can watch every pro football game simply by virtue of subscribing to DIRECTV, without the need to purchase an additional streaming package or third-party subscription.

NAD determined that DIRECTV’s advertising is not clear as to what sports programming is and is not available for viewing with the advertised service.

While DIRECTV Sports Central allows DIRECTV customers to more easily access the games that come with their subscriptions, it does not allow them to watch pro football games for which they have not otherwise purchased a subscription.

Although NAD recommended that DIRECTV modify or discontinue the above claims, NAD noted that nothing in its decision precludes DIRECTV from making truthful and non-misleading claims about the benefits of DIRECTV Sports Central.

In its advertiser statement, DIRECTV stated that it “is pleased NAD recognized that the DIRECTV Sports Central experience provides unique value to consumers” and that it “will 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 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

National Advertising Division Recommends Cox Communications Modify “Powered by Fiber” Claim for Cox Internet with Disclosure

New York, NY – November 1, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Cox Communications, Inc. modify its “powered by fiber” claims to clearly and conspicuously disclose that Cox Internet does not offer fiber to the home.

Cox offers two different fixed broadband internet services. One service, Cox Fiber, is a residential internet service that is 100% fiber, including fiber to the home. The other, Cox Internet, is almost entirely fiber to the node close to residences, but the “last mile” uses coaxial cable instead of fiber. These services do not overlap. The customer’s location determines which service they can purchase.

NAD determined that “powered by fiber” reasonably conveys the messages that Cox Internet is comparable to fiber internet, offers customers fiber optic internet connections to their homes, and offers an advanced fiber optic network.

Because the record does not support that a coaxial and a fiber network are equivalent in performance to all consumer-relevant metrics, NAD recommended that Cox modify its “powered by fiber” claims to clearly and conspicuously disclose that Cox Internet does not offer fiber to the home.

In its advertiser statement, Cox stated that it “appreciates NAD’s recognition that Cox may continue to advertise that Cox Internet is Powered by Fiber,” and while it “disagrees with certain aspects of NAD’s decision, it is a strong supporter of advertising self-regulation.” Cox stated that it 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. 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

National Advertising Division Recommends Goose Creek Modify or Discontinue Certain Advertising Claims

New York, NY – October 31, 2023 – In a challenge brought by Bath & Body Works, LLC (B&BW), the National Advertising Division (NAD) of BBB National Programs determined that the tagline “Bath, Body & Home” was not misleading, but recommended that Goose Creek Candles, LLC:

  • Discontinue certain claims regarding the ingredients found in competitor’s products.
  • Discontinue the challenged claims that Goose Creek candles have longer lasting and stronger fragrances than its competitors.
  • Modify its “Made in USA” claims.
  • Modify disclosures used in connection with advertising featuring actors portraying consumers.
  • Require the @TheCandleChannel vlogger to disclose material connections in certain videos.
  • Modify consumer posts to disclose incentivized reviews.

 

Ingredient Claims

NAD found that one message reasonably conveyed by Goose Creek’s “avoid the harmful chemicals found in other body care products” claim is that other competitive body care products contain harmful chemicals. NAD determined that the record did not support this claim and recommended that it be discontinued, as well as implied claims that competitors’ products contain harmful chemicals.

Fragrance Claims

NAD determined that the advertising at issue conveys the message that Goose Creek candles last longer and have a stronger fragrance than competitors. NAD found insufficient evidence to support these superiority claims and recommended the following fragrance claims by Goose Creek be discontinued:

  • “When it comes to fragrance, Goose Creek beats the competition time and time again”
  • “So much stronger than other store brands”
  • “Stronger, longer-lasting fragrances!”

 

NAD also recommended that Goose Creek discontinue any advertising that implies that Goose Creek candles are stronger or longer lasting than competing candles.   

Made in U.S.A. Claims

NAD recommended that Goose Creek modify its “Made in USA” claims (“poured in the USA with the highest ingredients from around the world”) to be consistent with FTC guidance and limit claims to the processes or candle ingredients that are made in the USA.

Endorsements

NAD determined that several videos across Goose Creek’s online platforms convey the message that people featured are actually consumers, not actors, who are giving their opinions. NAD recommended that any Goose Creek content featuring actors portraying consumers be modified to clearly and conspicuously disclose, in both audio and video, that actors have been employed in the videos.

Further, NAD reviewed videos posted by a candle vlogger @TheCandleChannel, who became a label designer for Goose Creek Candles in July 2023. NAD determined that Goose Creek’s relationship with @TheCandleChannel vlogger is a connection that would likely affect the weight or credibility of the endorsements and is a material connection that must be clearly and conspicuously disclosed.

For this reason, NAD recommended that Goose Creek require @TheCandleChannel to modify any video created after the date of employment with Goose Creek to include a clear and conspicuous material connection disclosure.

Consumer Reviews

B&BW challenged consumer reviews that appear on Goose Creek’s website as well as 5-star video reviews. NAD found there was no evidence that Goose Creek’s review collection process persuades consumers to leave only positive reviews and determined that Goose Creek’s review collection process incentivizes both positive and negative reviews.

However, because Goose Creek’s incentivized consumer reviews are not disclosed, NAD recommended that all consumer reviews posted or re-posted by Goose Creek be modified to include a clear and conspicuous disclosure that the review was incentivized.

Tagline

NAD determined that the tagline “Bath, Body & Home” does not convey a misleading message that equates Goose Creek products with B&BW products. 

In its advertiser statement, Goose Creek stated that “while Goose Creek believes that its advertising verbiage and methods have truthfully conveyed the many benefits of its products, it appreciates the NAD’s thorough review and guidance” and “agrees to comply with the NAD’s recommendations regarding its 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 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 Information

Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

MICHELIN introduces two new light truck offers with the Defender LTX M/S2 and Defender LTX Platinum, continuing leadership in longevity and durability

  • When tested for treadwear on a diesel pickup truck, the Michelin Defender LTX Platinum tire lasted twice as long as the Defender LTX M/S.
  • The Michelin Defender LTX M/S2 tire outlasted three leading competitive tires by more than 25,000 miles on a treadwear test, delivering two extra years of treadlife.


GREENVILLE, S.C.–
As the light truck market continues to evolve and luxury vehicles push the capabilities of what heavy duty trucks can offer, Michelin is launching the new Defender LTX M/S2 and Defender LTX Platinum tires to provide consumers rugged durability, no matter the season.

“Light truck consumers have new demands and desires for their vehicles compared to previous generations, and Michelin is answering the call by upgrading the LTX tire line,” said Debora Junca, senior brand director for Michelin North America, Inc. “Creating new products like the Defender LTX Platinum and Defender LTX M/S2 tires delivers on our promise of longevity without compromise by being the leader in mileage. When a consumer sees the LTX name, they can trust in the performance over the life of the tire.”

Continuing the LTX legacy as one of the premier light truck tires in the market, the Defender LTX M/S2 tire uses the updated Evertread 2.0 compound to provide the best treadwear performance with excellent wet and snow grip throughout the life of the tire. Showcasing a 70,000-mile warranty for Euro-Metric sizes and a 50,000-mile warranty for LT-Metric, the Defender LTX M/S2 tire will have 53 sizes providing coverage on all 2013 or newer pickups and traditional SUVs.

Meeting the needs of the growing heavy-duty and luxury pickup truck market, the new Defender LTX Platinum tire will offer six 20” rim sizes with cutting-edge aesthetics and dramatically better treadlife than its competitive set. Featuring a 70,000-mile warranty, the all-new tread pattern and compound of the Defender LTX Platinum – derived from Michelin heavy truck technology – delivers outstanding wet and snow grip throughout the life of the tire.

Ensuring the tradition of comfort for Michelin LTX tires, both the Defender LTX M/S2 and Defender LTX Platinum tires are designed for smooth, even wear, so the last mile is as comfortably quiet as the first mile. Sizes for both tires will launch in stages over the next several months.

To find out which sizes are available today, please visit michelinman.com.

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 trips and travels 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, Inc. 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