New York, NY – June 27, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Haleon, plc provided a reasonable basis for the challenged claims that its Voltaren Arthritis Pain Relief Gel is the:
- “#1 Doctor Recommended Topical Pain Relief Brand”
- “#1 Topical Pain Reliever Globally”
NAD also concluded that the “#1 Doctor Recommended” claim as it appears on Haleon’s website and CVS’ website is not misleading. However, NAD recommended that the advertiser discontinue the claim that “most topicals heat, cool, or irritate the surface of the skin, which masks the pain” or modify it to avoid conveying that other topical pain relievers are ineffective.
The claims at issue were challenged by competitor RB Health (US) LLC.
Voltaren Arthritis Pain Relief Gel is a topical nonsteroidal anti-inflammatory drug (NSAID) that is applied to the skin to provide temporary relief of joint pain associated with arthritis. Originally only available through prescription, Voltaren became available over the counter (OTC) in 2020.
“#1 Doctor Recommended” and “#1 Topical Pain Reliever Globally”
Based on the evidence in the record, NAD concluded that Haleon provided a reasonable basis for the claims “#1 Doctor Recommended Topical Pain Relief Brand” and “#1 Topical Pain Reliever Globally.”
However, NAD found that the claim “#1 Doctor Recommended Topical Pain Relief Brand,” if viewed in isolation and out of context, could reasonably convey a message about Voltaren being indicated for general pain and not just arthritis pain. Therefore, NAD recommended that when the advertiser makes this claim in other contexts it clearly and conspicuously discloses that Voltaren is approved for the treatment of arthritis pain.
“Most Topicals Heat, Cool, or Irritate the Surface of the Skin Which Masks the Pain”
NAD considered whether this claim is merely a description of the mechanism of action of most other topical pain relievers on the market, such as menthol-based products known as “counterirritants.” However, NAD determined that the claim could reasonably convey a misleading message to consumers that such products may harm the skin and be ineffective at treating pain.
Therefore, NAD recommended that the claim be discontinued or modified to avoid conveying the message that other topical pain relievers are ineffective.
In its advertiser statement, Haleon stated that it “agrees to comply with NAD’s decision” and that it “will take NAD’s additional recommendations into consideration 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 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 Division Finds Simply Gum’s “Made With Chicle,” and “Natural” Claims Supported; Recommends Others be Modified or Discontinued
New York, NY – June 26, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Simply Gum, Inc. provided a reasonable basis for claims that its Simply Gum brand chewing gum is “made with chicle” and “natural” and concluded that, in context, Simply Gum’s “simpler better” claim was puffery. However, NAD recommended that the advertiser:
- Discontinue or modify its use of the term “sustainable” in the advertising of its chicle ingredient.
- Discontinue its “plastic-free” claim and modify its other claims about the use of synthetic ingredients, including plastics in conventional chewing gum.
During the proceeding the advertiser permanently discontinued or modified several challenged claims. NAD did not review the discontinued claims or pre-modification claims on the merits.
The challenge, which included claims appearing on Simply Gum’s website and on its product packaging, was initially brought by Perfetti Van Melle USA, Inc. However, Simply Gum declined to participate in the industry self-regulation process and the matter was referred to the FTC. Subsequently, the advertiser agreed to participate in the current inquiry, which NAD reviewed through its routine monitoring program.
“Made with Chicle”
Simply Gum makes several claims that, unlike conventional chewing gum, its gum is made with chicle. Chicle, a natural gum for use in gum base, is the coagulated latex (or sap) of the Manilkara Zapota tree, also known as the Sapodilla tree, or in Mexico where Chicle is mainly harvested, as the Chicozapote tree. NAD concluded that the advertiser provided a reasonable basis for these chicle claims.
However, because there was no evidence that the source trees for the chicle in the advertiser’s gum base are sustainably cultivated or the tree sap sustainably harvested, NAD recommended that Simply Gum discontinue use of the term “sustainable” in the advertising of its chicle ingredient or modify such claims to better fit the evidence.
“Natural”
Based on evidence that the advertiser’s gum products are made with natural ingredients, NAD concluded that Simply Gum had a reasonable basis for its “natural” claims, including the use of “natural” as a standalone headline on its packaging and the claim “we use only natural ingredients in our gum.”
“Synthetics”
NAD determined that the advertiser had a reasonable basis to support claims that Simply Gum products do not contain synthetic ingredients. However, NAD found that the record does not support claims related to specific ingredients in conventional chewing gum.
Therefore, NAD recommended that Simply Gum modify its synthetics claims to better fit the evidence.
“Plastics”
NAD found that Simply Gum’s claims that “gum base” in conventional chewing gum was “code for plastic” or “code for up to 46 different chemicals including the plastic used in white glue, car tires and plastic water bottles” mischaracterized the FDA’s list of permissible gum base ingredients. Therefore, NAD recommended that the advertiser discontinue those claims.
Further, NAD determined that use of the term “plastic” in Simply Gum’s advertising – both in the monadic and comparative contexts – conveyed misleading and disparaging messages about conventional gum. NAD noted that the advertiser did not provide any evidence that the synthetic ingredients used in conventional gum base are unsafe or that the advertiser’s products are healthier than conventional gums.
NAD also concluded that Simply Gum’s “plastic free” (and other “no plastics” claims) conveyed implied messages that its product was environmentally superior to conventional gum – messages that were not supported by the evidence.
For these reasons, NAD recommended that Simply Gum discontinue its “plastic free” claim and modify its remaining “plastics” claims to avoid conveying the unsupported implied claims that its product is healthier, safer, and/or more environmentally friendly than regular chewing gum.
“Simpler, Better”
Because Simply Gum’s “simpler, better” claim is not tied to a specific, quantifiable benefit of the advertiser’s product nor is there any reference to competing brands, NAD determined that consumers would understand use of the word “better” as merely an expression of manufacturer pride. Therefore, NAD concluded that standing alone and without a context that calls up or disparages competing products or their ingredients, the “simpler better” claim was puffery and did not require substantiation.
In its advertiser statement, Simply Gum stated that it although it “respectfully disagrees with NAD’s decision regarding the ‘plastic free’ claim . . . it supports the NAD self-regulatory process and agrees to comply with the NAD 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 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
J Collection Hotels and Development is Proud to Announce the New Opening of the Former Marianite Convent, the Holy Angels Bywater Hotel and Residences
NEW ORLEANS, La. (June 1, 2023) – The J Collection recently restored the former site of the Marianites of Holy Cross convent into a new concept, the Holy Angels Bywater Hotel and Residences.
J Collection Hotels and Development partners Joe Jaeger and Arnold Kirshman assembled a creative team for the Holy Angels restoration project with Spartan Builders as the contractor.
The historic location’s building accommodations include one- and two-bed guest rooms and residential-style apartments. Additional improvements are a new pool and spa deck, along with a restaurant and bar. The restaurant and bar space will open soon, and the restoration of the existing chapel is underway, ensuring that Holy Angles is a perfect location for special occasions and weddings.
Bywater residents, visitors, and guests looking for residential opportunities, hotel, and short-term rental (STR) options have a unique opportunity with Holy Angels Bywater Hotel and Residences. The project was built with flexibility in mind and can accommodate any of the mentioned usages.
STRs are a popular option for people who need a temporary place to stay as they can be more cost-effective than hotels, with discounted rates depending on the length of stay. The Holy Angels property meets that option in the marketplace, but unlike most STRs, it combines the amenities of a hotel with the accommodations of a traditional STR.
Another attraction to STRs is they provide a more authentic and personalized travel experience. When STR guests stay at Holy Angels, they will have a sense of the Bywater culture and lifestyle, with amenities such as fully equipped kitchens, full-size washers and dryers, and living spaces.
The new hotel and STR additions promise to enhance the historic Bywater neighborhood and New Orleans community. The local communities within the Bywater have an invested interest in Holy Angels and have deeply cherished the landmark site for decades. The J Collection is committed to preserving the Holy Angels’ legacy for generations to come.
About Holy Angels Bywater Hotel and Residences
The Holy Angels Bywater Hotel and Residences resides at 3500 St Claude Ave, New Orleans, in one of the city’s most culturally vibrant neighborhoods. The hotel’s property was home to the Marianites of Holy Cross for 165 years, founded in 1849. The memory of the Marianites’ devotion to the property lives on as the J Collection ushers in a new era. For information, please visit www.holyangelshotel.com.
About J Collection
The J Collection represents 17 unique, locally owned and operated hotels with more than 2,050 rooms in New Orleans and Southeast Region. Each property has a distinctive style and personality, offering an authentic experience steeped in rich culture and charm. The collection is comprised of: The Jung Hotel & Residences, Hotel Mazarin; Hotel Le Marais, Dauphine Orleans; Le Richelieu, Melrose Mansion, Audubon Cottages, Maison Dupuy Hotel, Historic Streetcar Inn, Chateau Hotel, Hotel Royal, French Quarter Suites, New Orleans Courtyard Hotel, the New Orleans Airport Hotel, Nottoway in White Castle, La., Dunleith Historic Inn in Natchez, MS, and Sheraton Refuge Resort and Conference Center in Flowood, MS. Additionally, The Rubenstein Hotel on St. Charles Ave. will be joining the roster in September 2023. For more information, visit www.jcollectionhotels.com.
Media Contact:
POLA Marketing (504) 233-6889
hello@polamarketing.com
J Collection Contact:
Mark S. Wilson (504) 503-1455
mark.wilson@jcollectionhotels.com
National Advertising Review Board Recommends JBS Discontinue “Net Zero” Emissions by 2040 Claims
New York, NY – June 20, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that JBS USA Holdings, Inc. discontinue certain claims relating to its goal of achieving “net zero” emissions by 2040.
JBS is the second-largest food company and the largest animal protein producer in the world. Its numerous retail brands include Swift, Pilgrim’s Pride, and Seara.
The advertising at issue had been challenged before the National Advertising Division (NAD) by the Institute for Agriculture & Trade Policy (IATP), a not-for-profit organization with the stated mission of working for fair and sustainable food and farm systems. Following NAD’s decision (Case No. 7135), JBS appealed NAD’s recommendations to discontinue five challenged express claims.
In agreement with NAD, the NARB panel concluded that NAD reached the correct result in determining that the challenged claims communicate misleading messages. The NARB panel determined that the challenged claims communicate that JBS is already in the process of implementing a documented plan that has been evaluated and found to have a reasonable expectation of achieving “net zero” by the year 2040. JBS, however, does not have a formulated and vetted plan at present. Rather, JBS is in the exploratory stage of its effort directed toward the net zero 2040 goal.
The NARB panel recommended that JBS discontinue the challenged “net zero” claims, including that:
- “JBS is committing to be net zero by 2040”;
- “Global Commitment to Achieve Net-Zero Greenhouse Emissions by 2040”;
- “Bacon, chicken wings and steak with net zero emissions. It’s possible”;
- “Leading change across the food industry and achieving our goal of net zero by 2040 will be a challenge. Anything less is not an option”; and
- “The SBTi recognized the net zero commitment of JBS.”
The NARB panel noted that JBS is not precluded from making the claim “Leading change across the food industry and achieving our goal of net zero by 2040 will be a challenge” when the claim is presented by itself, and that nothing in its decision precludes JBS from making narrower truthful claims regarding:
- Its efforts at researching potential methods for reducing emissions and any efforts it is undertaking to reduce emissions; and
- The steps it is taking to align its activities with SBTi criteria and its engagement with the SBTi process.
JBS stated that it “disagrees with the NAD and NARB’s interpretation of how consumers perceive the challenged claims as well as NARB’s conclusion about the record evidence, but JBS will comply with NARB’s recommendation in published statements and advertising claims going forward.”
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: press@bbbnp.org
Job Title: Media Relations
The Michelin Guide plants its flag in Colorado
- Colorado becomes eighth Michelin Guide destination in North America
- Michelin Guide inspectors are already in the field, finding culinary gems
DENVER, June 14, 2023 — Michelin and the Colorado Tourism Office today announced the Michelin Guide Colorado, the latest expansion of the Michelin Guide.
Colorado has a rich culinary community that includes both established, notable chefs and innovative up-and-comers. Their restaurant teams are committed to using a wide range of high-quality ingredients, sourced locally and sustainably, with farm-to-table dining being a particular highlight.
Colorado’s mountainous terrain has influenced its culinary landscape, with many restaurants offering dishes inspired by the state’s outdoor lifestyle. Colorado’s gastronomy is influenced by German, Hispanic and Native American cultures; the state is home to several Native American tribes, including the Ute, Navajo and Apache.
The famously anonymous Michelin Guide inspectors award the iconic Michelin Stars – one, two or three – to unparalleled cuisine. The Guide is also renowned for its Bib Gourmand selection, highlighting restaurants that offer great quality food at good prices. The Michelin Green Star is given to restaurants that are leaders in sustainable gastronomy. Recommended restaurants and special professional awards are also highlighted by the inspectors.
The first Michelin Guide Colorado selection will be revealed later in 2023, and it will cover Denver, Boulder, Aspen and Snowmass Village, the Town of Vail and Beaver Creek Resort.
“Colorado has a dynamic culinary scene – one that’s perfect for the Michelin Guide,” said Gwendal Poullennec, the International Director of the Michelin Guides. “The state’s hotspot locations feature
many creative restaurant teams and an exciting mix of flavors. A blend of cultural influences provides chefs inspiration to reinvent classic dishes. And it all starts with the freshest seasonal ingredients, such as local fruits, vegetables, fish and game. Gourmets will travel from near and far to get a taste of what Colorful Colorado has to offer!”
Meticulous in maintaining their confidentiality, Michelin Guide inspectors are already in the field, making dining reservations anonymously and paying for all their meals to ensure they are treated the same as any other customer.
“We are thrilled to partner with the Michelin Guide to highlight the exceptional cuisine, sustainability efforts and innovation of the culinary industry in Colorado,” said Timothy Wolfe, Director of the Colorado Tourism Office. “Colorado residents have long enjoyed the expanding food scene of our incredibly talented chefs, who bring locally harvested ingredients to life. The Michelin Guide will further elevate Colorado as a global dining destination, serving a variety of flavors with the authentically friendly attitude that can only be found in Colorado.”
The Michelin Guide is constantly observing the evolution of culinary destinations around the world. Michelin works with Destination Marketing Organizations, or tourism boards, to promote the travel industry in the respective locations; however, the Michelin Guide selections process remains completely independent and determined by anonymous inspectors. The Michelin Guide is working with the Colorado Tourism Office on marketing and promotion activities only.
The 2023 Colorado restaurant selection will join the Michelin Guide selection of hotels later this year and will feature the most unique and exciting places to stay in Colorado and around the world. Visit the Michelin Guide website, or download the free app for iOS and Android, to book unforgettable hotels and make restaurant reservations through partners OpenTable, Resy and SevenRooms.
History and methodology
The upcoming Colorado restaurant selection will follow Michelin’s historical methodology, based on five universal criteria, to ensure each destination’s selection equity: 1) quality products; 2) the harmony of flavors; 3) the mastery of cooking techniques; 4) the voice and personality of the chef reflected in the cuisine; 5) consistency between each visit and throughout the menu (each restaurant is inspected several times a year).
The Michelin Guide remains a reliable companion for any traveler seeking a great meal. The Guide was first published in France at the turn of the 20th century to encourage tire sales by giving practical advice to French motorists. Michelin’s inspectors still use the same criteria and manner of selection that were used by inspectors in the very beginning, now applied in destinations around the world.
Michelin published its first North American Guide in 2005 for New York. Guides have since been added in Washington, D.C.; Chicago; California; Miami/Orlando/Tampa, Florida; Toronto; and Vancouver.
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 the Colorado Tourism Office
The Colorado Tourism Office (CTO) is a division of the Governor’s Office of Economic Development and International Trade. The mission of the CTO is to empower the tourism industry by inspiring the world to explore Colorado responsibly and respectfully. The CTO seeks to advance the strength and resilience of the entire industry through collaboration, inclusivity, innovation and leadership. In 2021, Colorado travelers spent $22.5 billion, generating $1.5 billion in local and state revenues, reducing the tax burden for every Colorado household by $690. For more information, please visit www.colorado.com.
For more information, contact:
Andrew Festa
Michelin North America – External Communications andrew.festa@michelin.com
Hayes Norris
Colorado Tourism Office – Communications Manager Hayes.Norris@state.co.us
Aya Healthcare Acquires Flexwise Health, Amplifying Workforce Optimization Capacity and Cost Savings through Predictive Analytics
SAN DIEGO, CA — Aya Healthcare, the largest healthcare talent software and staffing company in the U.S., today announced its acquisition of Flexwise Health. Through sophisticated analysis of hundreds of thousands of data points, Flexwise technology forecasts gaps in patient demand and staffing levels to assist hospitals in optimizing resource allocation and cost. Predictive recommendations enable real-time insights for staffing decisions while providing visibility to workforce capacity months into the future.
“We’re excited to offer Flexwise to help healthcare systems reduce labor costs by using the power of predictive analytics in their staffing processes,” said Alan Braynin, president and CEO of Aya Healthcare. “We will continue to make significant investments into advanced technologies to drive greater efficiencies and superior operating results for our clients.”
Flexwise will be added to Aya’s suite of software solutions, which includes vendor management and float pool technology. Aya operates the world’s largest healthcare workforce platform, offers rich analytics on market dynamics and labor trends and delivers solutions to help healthcare systems source, manage, onboard and retain clinical and non-clinical labor.
“With Aya, Flexwise is poised to advance our predictive staffing technology, further expanding its impact in the healthcare industry,” said Kevin Godsey, President of Flexwise Health. “Together, we have an opportunity to revolutionize workforce optimization, providing our clients with invaluable insights.”
“Through the AHA Innovation Development Fund, the AHA was an early supporter and investor in Flexwise alongside several member organizations. We are eager to see Aya continue to develop and deploy this innovative solution to the workforce challenges facing hospitals and health systems across the U.S.,” said Doug Shaw, senior vice president of business development at the American Hospital Association.
To learn more about Flexwise, visit www.flexwisehealth.com.
About Aya Healthcare
Aya Healthcare is the largest healthcare talent software and staffing company in the United States. Aya operates the world’s most innovative workforce platform delivering every component of healthcare-focused labor services, including travel nursing and allied health, per diem, permanent staff hiring, interim leadership, locum tenens and non-clinical professionals. Aya’s software suite, which includes vendor management, float pool technology, physician services and predictive analytics, provides hospital systems greater efficiencies, superior operating results and reduced labor costs. While technology drives efficiency and scale, Aya’s 7,000+ global employees power the company to deliver unparalleled accountability and exceptional experiences for clients and clinicians. Aya’s company culture is rooted in giving back and supports organizations around food security, education, healthcare, safe shelter and equity. To learn more about Aya Healthcare, visit www.ayahealthcare.com.
Contact Information
Name: Rebecca Kelley
Email: Rebecca.Kelley@ayahealthcare.com
Job Title: Public Relations Manager
Ticketmaster Agrees to Update and Strengthen Website to Comply with Digital Advertising Alliance’s Self-Regulatory Principles
McLean, VA – June 13, 2023 – BBB National Programs’ Digital Advertising Accountability Program (DAAP) worked with Ticketmaster Entertainment, LLC to bring its website into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles.
DAAP monitors the digital marketplace for compliance with digital advertising best practices related to interest-based advertising (IBA) across websites and mobile apps. Following a consumer complaint, DAAP conducted a review of Ticketmaster’s website privacy practices and found the website Ticketmaster.com, which engaged in third-party data collection by companies known to engage in IBA, was not compliant with the DAA’s Transparency Principle.
In response to DAAP’s inquiry, Ticketmaster conducted a comprehensive review to strengthen its compliance protocols and ensure they comply with DAA Principles. Ticketmaster:
- Updated its primary website footer to include a prominent and conspicuous link directing users to the Ad Choices page, providing enhanced notice, opt-out tools, and a statement of adherence to DAA Principles.
- Incorporated changes to reflect enhanced notice through its Consent Management Platform (CMP) by providing additional links to third-party opt-out tools and disclosure of third-party interest-based advertising. The link to the CMP is accessible from all web pages on the Ticketmaster domain.
- To meet first-party enhanced notice requirements, committed to updating its secondary website footer by changing the existing “Manage My Cookies” link to read “Manage My Cookies and Ad Choices.” DAAP will continue to monitor this change until it is made.
In its advertiser statement, Ticketmaster agreed to comply with DAAP’s recommendations and stated “Ticketmaster’s goal is to maintain the trust and confidence of its consumers by complying with global data protection laws to the highest standard and being transparent when it comes to the processing of our consumer’s data. We commend the Digital Advertising Accountability Program’s similar mission and dedication to compliance with the DAA self-regulatory requirements.”
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.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Division Refers Claims on Smarter-Reviews.com to Federal Trade Commission for Further Review
New York, NY – June 12, 2023 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Smarter Reviews to the Federal Trade Commission (FTC). Through its advertising monitoring program, NAD inquired about the rankings of eye creams on the review website Smarter-Reviews.com, and the implied claims that such reviews and rankings do not have a material connection to Smarter Reviews. The advertiser did not respond to NAD’s request to provide support for its claims.
The claim “2023’s Top Eye Treatment for Refreshed, Youthful-Looking Eyes – We reveal the top 5 products for reducing & preventing the look of aging skin around the eyes,” appeared in a Google search result as part of an article on Smarter-Reviews.com, a review website.
NAD’s inquiry focused on whether the challenged advertising reasonably conveyed that the eye cream rankings on Smarter-Reviews.com were independent and objective when, in fact, they are advertisements. In particular, NAD questioned:
- Whether Smarter-Reviews.com conveys the message that the site is independent by stating, for example, that its beauty editors chose the products and that its rankings are based on “the quality of ingredients, safety, return policies, projected effectiveness, and customer satisfaction,” and
- Whether the advertiser’s disclosure that the review website is “owned and operated by a company that has an ownership interest in this product” is sufficient to qualify any potentially misleading messages conveyed by the site’s “editorial-like” format and content.
NAD noted that it is important to provide consumers with enough information about any economic relationships between online media and publishing and the brand or product so that consumers can decide what weight to give the information. Advertisers must also clearly and conspicuously disclose material connections and relationships with the reviewer or the review site.
Considering the advertiser’s failure to provide a substantive response to NAD’s request for substantiation for its claims or participate in the self-regulatory process, NAD has referred the matter to the FTC for review and 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. This 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: press@bbbnp.org
Job Title: Media Relations
BBB National Programs’ Center for Industry Self-Regulation Publishes Principles and Protocols for Trustworthy AI in Recruiting and Hiring
McLean, VA – June 8, 2023 – BBB National Programs’ Center for Industry Self-Regulation today released self-regulatory Principles for Trustworthy AI in Recruiting and Hiring, which serve as a global baseline standard for the use of AI applications in recruitment and hiring, providing practical and actionable guidance for employers and vendors seeking to leverage AI technology responsibly and equitably.
The Independent Certification Protocols for AI-Enabled Hiring and Recruiting Technologies, also released today, supplement the Principles by providing employers and vendors a framework for self-certifying compliance with the Principles.
The Principles and Protocols were developed in BBB National Programs’ Center for Industry Self-Regulation Incubator in collaboration with senior legal and privacy representatives from more than a dozen global employers, including Amazon, Allegis, Dentsu Americas, Koch Industries, Microsoft, Qualcomm, and Unilever.
This Working Group, led by Eric D. Reicin, President and CEO, BBB National Programs in tandem with Robert J. O’Hara, an attorney at Epstein Becker & Green P.C., developed the AI Principles and Protocols with a focus on the following objectives:
- Ensuring systems are valid and reliable
- Promoting equitable outcomes, with harmful bias managed
- Increasing inclusivity
- Facilitating compliance, transparency, and accountability
- Striving for systems that are safe, secure, resilient, explainable, interpretable, and privacy-enhanced
The core objective of the Principles and Protocols is to promote positive change in recruiting and hiring processes. Algorithmic systems using AI technologies, when responsibly designed, deployed, and monitored can mitigate partiality and foster inclusivity by reducing the potential for bias that may exist in human-led decision-making during the recruiting and hiring process.
“It was rewarding for such a diverse array of companies representing multiple industry sectors to come together within our Center for Industry Self-Regulation Incubator to work on these AI Principles and Protocols,” said Reicin. “The resultant Principles serve as a valuable tool for companies to evaluate the potential benefits and manage societal risks associated with their use of artificial intelligence systems.”
“The Principles are meant to inform best practices when advanced, adaptive algorithms are used as part of the employment selection process; they do not supersede or replace national or local laws, regulations, or established standards,” added O’Hara. “The Protocols establish a baseline framework for the development of a program for a company’s independent certification to the Principles.”
The Center for Industry Self-Regulation invites leading employers, along with vendors in the HR technology space, to access and learn more about the Principles and Protocols by visiting our website.
About CISR: The Center for Industry Self-Regulation (CISR), BBB National Programs’ 501(c)(3) non-profit foundation, was created to harness the power of independent, industry self-regulation to empower U.S. business accountability. CISR is dedicated to education and research that supports responsible business leaders developing fair, future-proof best practices, and to the education of the general public on the conditions necessary for industry self-regulation. To learn more, visit industryselfregulation.org.
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 Epstein Becker Green: Epstein Becker & Green, P.C., is a national law firm with a primary focus on employment, labor, and workforce management; health care and life sciences; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence. For more information, visit www.ebglaw.com.
Contact Information
Name: Jennie Rosenberg
Email: press@bbbnp.org
Job Title: Media Relations
National Advertising Division Finds Certain Consumer Cellular Wireless Service Plan Claims Supported; Recommends Others be Modified or Discontinued
New York, NY – June 8, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that certain claims made by Consumer Cellular, Inc. for its wireless service plans were supported. However, NAD recommended that Consumer Cellular modify or discontinue other claims, including:
- Comparing the cost of Consumer Cellular’s plans to those of its competitors as well as the potential savings by switching to Consumer Cellular’s plans; and
- That Consumer Cellular offers “unlimited data.”
The claims at issue, which appeared in two television commercials, video, radio, billboard, and print advertisements, were challenged by competitor T-Mobile US, Inc.
Unlike T-Mobile, Consumer Cellular does not have its own network. Consumer Cellular is a mobile virtual network operator providing its Consumer Cellular-branded mobile phone services to consumers over the networks of major wireless carriers with which it has network access agreements.
Half the Cost Claims
Claims that Consumer Cellular’s plans are half the cost of competing major carriers’ plans were challenged by T-Mobile. Consumer Cellular based the Half the Cost Claims on a comparison of its most popular 5GB plan against the cost of major carrier’s lowest price plans. As the advertised monthly cost of Consumer Cellular’s 5GB plan is at least half the advertised cost of competitor plans and provides the same coverage, NAD concluded that Consumer Cellular’s basis of comparison for its Half the Cost Claims was supported.
However, NAD noted that the monthly prices of other more expensive Consumer Cellular plans are not half the cost of the least expensive plans offered by its major carrier competitors. Therefore, to prevent an overstatement of the comparative benefits of the Half the Cost claims, NAD recommended that Consumer Cellular disclose the basis of comparison and any material differences between the compared plans, including that the competitor plans provided unlimited data.
NAD also recommended that Consumer Cellular modify the claims to disclose clearly and conspicuously the plans that are the basis of comparison and the difference in data allotment between the compared plans, and that, when making Half the Cost Claims, Consumer Cellular ensure that the 5GB plan that is the basis for comparison is as available to consumers as all other plans offered by Consumer Cellular.
Annual Savings Claim
Consumer Cellular makes claims that consumers can “save up to $250/year on all the text, text, and data you need.”
NAD determined that a material number of consumers may reasonably understand the claim to mean that up to $250 a year can be saved by switching to Consumer Cellular’s unlimited data plan.
NAD found that the Annual Savings Claim was not supported by Consumer Cellular’s calculations and recommended that it be discontinued.
“While Prices Rise, Ours are Dropping” Claim
NAD determined that the claim “while prices rise, ours are dropping” conveys the message that Consumer Cellular has decreased the amount being charged to all consumers under all its wireless plans, not just its unlimited data plan.
Because existing subscribers to Consumer Cellular’s limited data plans did not have their monthly price reduced, but rather just received an increased data limit, NAD recommended that Consumer Cellular discontinue this express claim “While Prices Rise, Ours are Dropping” or modify its advertising to limit the claim to Consumer Cellular’s unlimited data plan, for which it did decrease the monthly price being charged to current subscribers.
Unlimited Data Claim
Consumer Cellular promotes one of its wireless service plans as having “unlimited data.” When a subscriber to Consumer Cellular’s unlimited data plan reaches 50GB of monthly data usage, the subscriber’s data speeds are “throttled,” or reduced to a slower speed, for the remainder of the month.
NAD recommended that Consumer Cellular modify the advertising for its unlimited data plan to clearly and conspicuously disclose that access to high-speed data will be reduced after 50GB of use and subscribers will experience slower speeds after 50GB of use for the remainder of their billing cycle.
“Same” Claim
In the challenged “Comparison Commercial,” Consumer Cellular is compared to an unnamed wireless carrier competitor stating “they’re the same.” At issue for NAD was what consumers may reasonably understand the basis of comparison to be.
Based on the context of the Comparison Commercial and consumer recognition of wireless service coverage maps, NAD determined that consumers would reasonably understand that the statement refers only to the compared plans’ respective coverage, not to all benefits and features that the “premium” plans of Consumer Cellular’s competitors may provide.
Therefore, NAD concluded that the claim “they’re the same” in the context of the Comparison Commercial did not imply that Consumer Cellular’s competitors are deceiving customers about the benefits of their premium plans or charging more for their premium plans without providing any additional benefits.
Best Quality Claim
During the proceeding, Consumer Cellular informed NAD that it had elected to permanently discontinue the challenged “the best price with the best quality” claim. Therefore, NAD did not review this claim on the merits.
In its advertiser statement, Consumer Cellular stated that it “will comply with NAD’s recommendations” and noted that it “works hard to provide plans for its subscribers at lower prices.”
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 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