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
Cargill Voluntarily Discontinues Certain Claims for Nutrena® NatureWise® Chicken Feeds Following National Advertising Division Challenge
New York, NY – June 7, 2023 – Following a BBB National Programs National Advertising Division (NAD) challenge brought by competitor Purina Animal Nutrition LLC, Cargill, Incorporated voluntarily permanently discontinued certain comparative performance and superiority claims for its Nutrena® NatureWise® line of chicken feeds.
In response to the challenge, Cargill maintained that it possessed adequate substantiation for such claims. However, Cargill informed NAD that it had chosen to permanently discontinue the advertising campaign featuring the challenged claims for business reasons unrelated to Purina’s challenge. Therefore, NAD did not review the claims on their merits.
In its advertiser statement, Cargill thanked NAD for its attention to this matter and stated that it is “proud of the work it does to nourish animals, including flocks fed Nutrena® NatureWise® Layer Feeds.”
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 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
Direct Selling Self-Regulatory Council Refers Wayal Health Product Performance Claims to the FTC for Possible Enforcement Action
McLean, VA – June 6, 2023 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs has referred direct selling company Wayal Health Sciences USA, Inc. to the Federal Trade Commission (FTC) for possible enforcement action. The referral comes after Wayal Health failed to respond to a DSSRC inquiry into aggressive health-related product performance claims made on social media by the company and its salesforce members.
DSSRC is an independent national advertising self-regulation program that monitors advertising and marketing claims in the direct selling industry. Wayal Health is a multi-level direct selling company that markets health and wellness nutritional supplements.
At issue are social media earnings claims indicating that Wayal Health products can treat a series of health-related conditions, such as memory loss, Alzheimers, skin cancer, and ADHD.
DSSRC expressed its concern that such claims not only require substantiation, but in the case of health-related claims, that substantiation must come in the form of competent and reliable scientific evidence.
After multiple attempts, Wayal Health has failed to respond to DSSRC’s inquiry and, pursuant to DSSRC Policies and Procedures, has now been referred to the FTC for possible enforcement action.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures 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 Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
J Collection Hotels Introduces its Summer Escape Promotion with Special Pricing
NEW ORLEANS, La. (June 1, 2023) – J Collection Hotels is delighted to announce its Summer promotion, “Summer Escape.” Summer Escape offers guests a selection from 14 distinctive properties, all with special locations and unique appeal. This promotion is designed for our guests to take a break from their routines by enjoying a premier destination with exquisite accommodations starting at $109 a night.
J Collection invites guests to break their routines without breaking the bank. By taking advantage of Summer Escape pricing, guests can experience and explore the historical and cultural attractions of New Orleans while indulging in luxurious amenities and world-class service.
Whether a couple in need of a relaxing getaway or a family looking for staycation fun, the J Collection has a hotel for everyone. From French Quarter treasures like the Maison Dupuy Hotel and Hotel Mazarin to Esplanade gems like Melrose Mansion and long-time favorites like Le Richelieu — Summer Escapes await in New Orleans.
“We are delighted to introduce our Summer Escape staycation promotion, which allows guests to unwind and rediscover New Orleans,” says Mark Wilson, marketing director of J Collection.
“Within our independent hotel portfolio, guests will find exceptional accommodations and unparalleled service. We are confident that guests will discover the hotel that fits their needs by visiting jcollectionhotels.com today.”
J Collection’s Summer Escape promotion cannot be combined with other offers, and guests must book directly through a J Collection Hotel. Subject to availability. The promotion is available from now until September 28, 2023.
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
J Collection Contact:
Mark S. Wilson (504) 503-1455
BBB National Programs Welcomes Joe Stegbauer, SVP and General Counsel, The Procter & Gamble Company to its Board of Directors
MCLEAN, Va., June 1, 2023 – BBB National Programs, an independent non-profit organization that operates a growing suite of national and global programs focused on industry self-regulation and dispute resolution, today announced the election of Joe Stegbauer from The Procter & Gamble Company (P&G) to its Board of Directors. The role is effective immediately.
Stegbauer’s election follows the significant contributions of Ken Patel, Chief Ethics & Compliance Officer and Chief Patent Counsel, P&G, who will vacate his seat after serving on the BBB National Programs Board of Directors from 2019 until today, and as board chair from 2019-2022.
In his current role at P&G, Stegbauer serves as Senior Vice President and General Counsel – Corporate and Global Business Units, leading the legal teams responsible for the Corporate Secretary’s Office, Corporate, Securities, Employee Benefits and Executive Compensation, Global Transactions, Grooming (Gillette), Baby, Feminine and Family Care, and Environmental, Social and Governance Practice (ESG). During his more than 25-year career at P&G, he also has held various senior roles in the P&G Legal Division in the US, Europe, and the United Arab Emirates, after spending some time in private practice.
“We are pleased to announce the addition of Joe Stegbauer to our distinguished board,” said Eric Reicin, President and CEO, BBB National Programs. “His expertise strengthens the continuity of our mission, furthering our commitment to being the place where businesses go to enhance consumer trust.”
The BBB National Programs Board of Directors members support and inform the development of new systems of independent industry self-regulation, helping industries moderate conduct to improve marketplace behavior for the ultimate benefit of consumers.
“I am honored to join the esteemed Board of Directors at BBB National Programs. I look forward to working together toward advancing independent industry self-regulation for the betterment of business and consumers alike,” said Stegbauer.
Also announced, the Board of Directors elevated Reicin’s ex-officio board role status to BBB National Programs voting Board member.
For more information, visit our website.
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
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Review Board Recommends Modifications to T-Mobile Home Internet “Fast,” “High-Speed,” and “Reliable” Claims
New York, NY – May 25, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, found that T-Mobile‘s express “fast,” “high-speed,” and “reliable” claims for T-Mobile Home Internet (T-HINT) are supported, but recommended certain modifications to the claims so consumers understand the context in which they will receive internet service and the type of performance to expect through T-HINT.
T-HINT provides home internet access through the same wireless networks T-Mobile provides its cellular phone service.
T-Mobile appealed NAD’s recommendations in (Case No. 7140) to discontinue or modify its “fast” and “high-speed” claims and discontinue its “reliable” claim for T-HINT. The advertising at issue had been challenged by Comcast Cable Communications Management, LLC.
The NARB panel concluded that T-Mobile provided a reasonable basis for its express “fast” and “high-speed” claims because T-Mobile uses the data to meet its FCC-required product disclosures and a T-Mobile business executive attested that T-HINT is only sold to customers who will receive download speeds of at least 25 megabits per second and upload speeds of at least 3 Mbps. The panel likewise concluded its express monadic “reliable” claim was supported by evidence in the record.
However, the NARB panel found that the “high-speed” or “fast” claims imply that consumers will experience speed performance akin to consumers’ experience with wired broadband service which delivers consistent speed with little variation – a message that was not supported as mobile home internet technology introduces substantial fast speed variability into network performance that is unlike wired internet speed performance.
Further, the NARB panel determined that T-Mobile’s “reliable” claim implies service dependability akin to wired home internet service, which requires more robust support than T-Mobile provided.
Therefore, the NARB panel recommended T-Mobile:
- Modify its “fast”, “high-speed”, and “reliable” home internet service claims to clearly and conspicuously disclose that T-HINT provides internet access through a mobile wireless or cellular network and that T-HINT speeds vary due to factors affecting mobile wireless or cellular networks; and
- Modify its speed range claims to include the percentiles of T-HINT customers to which any stated speed ranges apply.
T-Mobile stated that it appreciates the NARB panel’s “careful review and determination that T-Mobile provided a reasonable basis and reliable support for its express claims” that T-HINT is “fast,” “high-speed” and “reliable,” and that, while it disagrees that “these supported express monadic claims “need further disclosures in order to avoid implying consistent speed and dependability claims, T-Mobile supports the self-regulatory process and will take NARB’s recommendation into account in future advertising.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
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 Clearer Disclosure of Affiliate Advertising Relationships for Renue by Science Dietary Supplements
New York, NY – May 25, 2023 –The National Advertising Division (NAD) of BBB National Programs recommended disclosure of the affiliate relationships between Renue by Science, LLC and third-party websites promoting sales of its dietary supplements be modified. NAD also recommended that Renue by Science modify or discontinue certain challenged YouTube videos to disclose the advertiser’s relationship to the speaker consistent with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
In a Fast-Track SWIFT challenge, IO Law LLC alleged that Renue by Science failed to properly disclose material connections in its influencer marketing and incentivized reviews. Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to NAD.
Renue by Science sells dietary supplements including those containing nicotinamide mononucleotide (NMN), quercetin, and resveratrol and markets those products on its website, affiliated editorial websites, and via YouTube videos published by affiliated endorsers.
Third-Party Websites
During the challenge, the Foodsecurity.org website, a third-party with whom Renue by Science has an affiliate relationship, was modified, which NAD found was sufficiently prominent, however NAD recommended that it be further modified to identify the advertiser (or other applicable unrelated brands) with an affiliate relationship to the website and to more clearly identify who is receiving the commissions, rather than using the singular pronoun “I.”
With respect to any other affiliated websites selling Renue by Science’s products, NAD recommended that the sites:
- Clearly and conspicuously disclose that the affiliates receive payments based on sales of Renue by Science’s products; and
- That such disclosures appear at the top of the site’s landing page, where they will be easy to observe wherever the advertiser’s products are promoted.
YouTube Videos
During the challenge, a Renue by Science employee voluntarily agreed to permanently discontinue a video on her personal YouTube page in which she discusses the benefits of NMN and her experience with NMN. Therefore, NAD did not review this video on its merits.
Regarding another YouTube video on the same employee’s page, NAD recommended that Renue by Science inform the employee of her obligation to clearly and conspicuously disclose in the video that she is an employee.
In its advertiser’s statement, Renue by Science stated that it “appreciates the opportunity to participate in NAD’s self-regulatory process,” and that it “has voluntarily complied with the 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.
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 HelloFresh “Flexible Plans” Claim Supported; Recommends Clear and Conspicuous Disclosure of “16 Free Meals” Material Terms
New York, NY – May 24, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Grocery Delivery E-Services USA, Inc. (HelloFresh) supported the claim “Flexible Plans, Less Hassle: Add extra meals to any week’s order, change your delivery day or menu preferences, skip a week or cancel anytime” for its subscription-based meal kits.
However, in connection with claims offering “16 Free Meals,” NAD determined that certain material terms and limitations did not appear consistently throughout HelloFresh’s advertising. Therefore, NAD recommended modification of the advertising to clearly and conspicuously disclose such information in close proximity to the “free” claims.
NAD also recommended that HelloFresh modify or discontinue its flash sale claims and countdown timer unless the sale or offer is time sensitive.
HelloFresh offers consumers weekly meal kits to be cooked at home. Customers agree to receive their meal kits for a weekly sum until they affirmatively cancel their subscription.
Through its routine monitoring program, NAD challenged express claims associated with HelloFresh’s continuity plans.
“16 Free Meals” Claims
In certain challenged advertisements, material terms relating to HelloFresh’s “16 Free Meals” offer appeared in a hyperlinked disclosure labeled “Learn more” next to the claim on the website.
NAD has found that such hyperlinks may not adequately alert consumers to the nature of the material limitations associated with the continuity plan. Consequently, NAD determined that the hyperlinked “learn more” disclosure does not sufficiently limit the messages reasonably conveyed, namely that consumers will receive 16 meals once they sign up for HelloFresh and that those meals will be delivered with free shipping.
NAD recommended the following information be clearly and conspicuously disclosed in close proximity to the “free” claims:
- That free meals are spread across multiple shipments and that free shipping applies only to the first shipment;
- That the free offer is available to only new customers;
- That the subscription continues until a customer affirmatively cancels; and
- That the savings vary based on the meal plan chosen.
“Flash Sale” and “Don’t Miss Out”
NAD determined that HelloFresh’s reference to a “Flash Sale” in Google search results, combined with a countdown timer in connection with claiming the offer (or a reference to “Don’t Miss Out”), reasonably conveys the message that consumers must claim the offer as quickly as possible because it is only available for a limited time.
NAD has held that when an advertiser represents that an offer is available to the public for a limited time only, the offer should be available only for the limited time promoted and the advertiser should take steps to ensure that subsequent advertising making the same (or substantially the same) offer is not disseminated for a reasonable period of time thereafter.
Therefore, NAD recommended that HelloFresh modify or discontinue its flash sale claims and countdown timer unless the sale or offer is time sensitive.
“Flexible Plans, Less Hassle”
In assessing how easy it is for consumers to cancel a subscription, NAD considered HelloFresh’s explanation of the methods available to consumers to make changes with respect to modifying the order, the frequency of deliveries, and the size of orders as well as cancellation of the service. NAD found the processes were easy for consumers to follow and determined that HelloFresh’s “flexible plans” claim was supported.
In its advertiser statement, HelloFresh stated that it “agrees to comply with NAD’s recommendations, although it disagrees with its findings as to certain disclosures.” HelloFresh further expressed its appreciation that “NAD correctly found the claim ‘Flexible Plans, Less Hassle: Add extra meals to any week’s order, change your delivery day or menu preferences, skip a week or cancel anytime’ supported and non-misleading” and “that NAD’s recommendations permit it to continue promoting its free meal offers with certain modifications.”
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 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
Dyanix adds no-code platform Triggre to its solutions portfolio
Triggre is a 100% no-code platform that allows companies to create web applications with no technical expertise needed
[Houten, the Netherlands, 24 May 2023]: Dyanix, a leading provider of digital transformation solutions, adds a new solution to its growing portfolio. Triggre helps companies to grow, by digitally automating their business processes. With its affordable, fast, and fun no-coding platform, Triggre allows companies to design business-critical solutions and build Business Process Automation Applications for their businesses. Dyanix will sell Triggre to its current reseller network throughout EMEA and will also develop the business in close cooperation with Triggre.
A combination of completeness and ease of use
Without the need for coding and scripting and with the support of Triggre Designer, companies can create web applications by visually mapping their processes, digitalizing them, replacing their legacy systems, and thus driving innovation and growth. Triggre’s consumption license model allows companies to pay depending on how much they really use. Moreover, with ready-to-go application templates to get a head start, as well as automated validation, they save valuable time.
Thanks to Triggre’s simplicity, companies no longer need to hire people with traditional technical skills, which means they can set up business processes such as a customer portal, logistics planning, or employee onboarding tools all on their own.
Peter de Boer, CEO of Dyanix explains; “Adding Triggre to our Dyanix portfolio is an exciting new step for us. Offering a solution to automate workflows and business processes with the simplicity and ease of use of Triggre, will be seen as a game-changer for many companies. We are delighted to be able to offer Triggre to our customers in the EMEA markets.”
Mark Hulshof, Co-Founder of Triggre added: “We’re thrilled to partner with Dyanix, a European leader in digital business transformation, with whom we share the vision of empowering businesses to become more efficient through automation and digitalisation. As the only 100% no-code solution in the Dyanix portfolio, we believe our combined efforts will yield great results and help many organisations, regardless of their size or industry.”
Enabling partners
Dyanix enables its partners in digital transformation by acting as a gateway for vendors like Triggre and creating new opportunities for our resellers. With this partnership, Dyanix will be able to offer Triggre to its resellers as a way to increase their productivity, save costs and time, and simplify and customise their business processes. Over the past year, Dyanix has added several solutions to its portfolio that help businesses with their digital transformation challenges.
About Triggre
Triggre aims to help companies grow to new heights, by enabling them to digitally automate their business processes. Triggre’s mission is to give business creatives the ability to build applications by eliminating the struggle usually encountered in software development.
About Dyanix
Dyanix is a leading solutions provider in digital transformation. As an expert with over 20 years of experience in the fields of scanning and digitization, Dyanix offers the best combination of hardware and software solutions to resellers and end-users. Our innovative cloud solutions help companies to increase productivity, enhance business processes, and offer broad data analysis and protection. In addition, Dyanix can deploy an extensive range of services anywhere in Europe and support projects at every level.
Contact Information
Name: Annelies Dekker
Email: marketing@dyanix.com
Job Title: Vice President Marketing