A recent XpertHR survey found that over 80% of companies are increasing salary budgets to draw in the workforce.
New York City (November 23, 2022) – Between rising turnover, a smaller workforce and soaring inflation, employers are doing everything they can to secure their employees—including raising salary budgets for 2023.
Top takeaways from the XpertHR Salary Budgets 2023 Survey include:
– 83% of responding companies reported that their salary budget will increase in 2023.
– Over 60% of surveyed companies are planning on increasing salary budgets by 4% or more, a dramatic increase from 45% of surveyed companies in 2022.
– Salaries for workers are projected to increase by 4%, while officer and executive wages will have a lesser increase of 3%.
In its analysis of nearly 350 U.S. employers, XpertHR found that 83% of responding companies reported that their salary budget will increase in 2023. Over 60% of companies plan on increasing salary budgets by 4% or more, a drastic increase from 45% of companies that planned to increase salary budgets by 4% or more in 2022. This increase may be due to mounting pressures—XpertHR also found that 80% of responding companies felt more pressure to increase their salary budget this year than there was last year.
Over 60% of companies will increase salary budgets by 4% or more, while 13% will raise salary budgets by over 8%.
81% identified inflation and cost of living as a substantial salary budget pressure.
The reason is due to the unique state of the labor market. The survey found that 81% of companies saw inflation and cost of living as one of the top salary budget pressure points, followed closely by industry salaries (79%), recruitment and retention (78%), operating costs (68%) and financial performance (67%).
Most companies know that inflation pressure and stress are weighing more on exempt and non-exempt workers than officers and executives. The survey found that worker salaries are projected to increase by 4%—an 0.8% climb from 2021. Meanwhile, wages for officers and executives are projected to have a lesser increase of 0.5%, from 3.5% to 3%.
“The smartest move for most employers is to increase salary budgets for 2023, especially in light of this year’s high turnover rate,” says Victoria Kelleher, Lead Survey Specialist at XpertHR. “Employers need to stay competitive, especially with a high cost of living—the “Great Reshuffle” has proven that employees can and will find jobs elsewhere if salaries don’t suit their needs.”
Exempt and non-exempt workers are projected to see their salaries increase to 4%, while officers and executives are projected to see a smaller increase of 3%.
While inflation and cost of living, industry salaries and recruitment and retention were the most indicated pressures, employers also felt the economy (66%), organizational salaries (57%) and, interestingly enough, pay equity efforts (56%) were other considerable upward pressures.
“We found that pay equity was moderately correlated with both salaries in the industry and within the organization, with no significant correlations between the other pressures,” says Kelleher. “This may suggest companies are using industry-wide data to inform pay equity initiatives, rather than just their own internal data.”
XpertHR’s 2023 Salary Budget Survey was conducted from September 14 to October 4, 2022. The survey included responses from 346 U.S. employers of various industries and workforce sizes. The survey report captures up-to-date projections for 2023 salary changes to assist employers in their salary budget decisions in the coming months, as well as the unique challenges employers are facing in their budget decisions this year, 2023 plans for bonuses, and compensation policies for remote workers.A complimentary press version of the report is available upon request.
About XpertHR:
XpertHR has been providing HR solutions since 2002, empowering organizations across the globe to build successful workforces and create a purposeful workplace for all. The platform delivers expert insight, trusted resources, data analysis and practical tools to help achieve greater efficiency, reduce risk, and increase employee engagement. XpertHR is developing smarter data analysis tools and cutting-edge technology to support future demands on HR in an increasingly digital world. To learn more, visit xperthr.com.
Contact Information
Name: Lauren Doyle
Email: ldoyle@wordsworthweb.com
Job Title: Communication Specialist
National Advertising Division Finds Certain HEPA Claims for Shark Air Purifiers Supported; SharkNinja Appeals Recommendation to Modify or Discontinue Others
New York, NY – November 22, 2022 – In a challenge brought by Dyson, Inc., the National Advertising Division (NAD) of BBB National Programs determined that SharkNinja Operating LLC (Shark) provided a reasonable basis for claims that its Shark Air Purifier 4 meets or even exceeds HEPA standards but recommended that Shark discontinue these same claims for its Air Purifier 6.
The challenged claims include:
- “Capture 99.97% of dust, dander, odors, and more.”
- “Capture 99.98% of large, small, & micro-size particles.”
NAD also recommended that Shark:
- Discontinue claims that its air purifiers are better than other HEPA-labeled air purifiers because those purifiers leave behind pollutants.
- Discontinue its COVID-19 claims.
- Modify the “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the claim.
Each of these filters is advertised as being a HEPA (high-efficiency particulate air) filter. HEPA filters are a type of pleated mechanical air filter that can remove at least 99.97% of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3 microns. HEPA filters can increase the air quality in a room over time and is often viewed as the gold standard in consumer-facing filtration products, such as air purifiers and vacuum cleaners.
HEPA Standards Claims
In support of Shark’s claims that its air purifiers meet or even exceed HEPA standards, the advertiser relied on testing conducted on the first batch of air filters from its production line (First Run Filters).
NAD considered whether the products being tested are representative of what consumers can purchase on the market and concluded that Shark’s testing of the First Run Filters was relevant for the Air Purifier 4. Further, NAD determined that the advertiser’s QC testing was reliable and was sufficient to provide a reasonable basis that its air filters, at least as of the time they left the production line overseas, met HEPA standards.
However, NAD concluded that, based on the challenger’s rebuttal testing of off-the-shelf filters for the Air Purifier 6 , Shark’s production line testing was insufficient to support its HEPA claims for such filters.
Comparative HEPA Claim
NAD assessed the messages reasonably conveyed by Shark’s claim that its filters are “True HEPA” whereas other “HEPA-labeled air purifiers can emit up to 10x more particles back into the air” and “can leave behind smoke, carbon dust, virus carriers, and mold.” These claims are made alongside images of Shark’s air purifier and what appears to be an unbranded air purifier. A small disclosure below the unbranded purifier states “Based on IEST-RP-CC007.3. 01-02 microns vs. a leading HEPA labeled air purifier.”
NAD determined that Shark’s comparison of its “True” HEPA purifiers to other purifiers, without identifying a specific purifier, directly pits Shark’s product against all “HEPA-Labeled Air Purifiers.” Although the disclosure does state that the “10X more particles” claim was based on a test against “a leading” purifier, the disclosure is tied only to the quantified 10X claims. NAD found that at least one message reasonably conveyed by the advertising is that Shark’s purifier is a “True HEPA” filter and other HEPA-labeled filters may be inferior.
Because Shark did not provide any support for the message that its purifiers are superior to 85% of the market or that 85% of competitors in the market, including Dyson, emit harmful particulates notwithstanding their HEPA-labeling, NAD recommended that the claim be discontinued.
NAD noted that nothing in its decision prevents Shark from educating consumers that some HEPA-labeled air purifiers may fall short of HEPA standards in a noncomparative context.
COVID-19 Claim
NAD determined that Shark’s claim “CAPTURES airborne droplets that can carry bacteria & viruses, such as CORONAVIRUS” reasonably communicates several messages, including that Shark’s air purifier:
- Captures (but does not kill) the coronavirus;
- Will prevent consumes from getting sick from the virus, either in part or completely; and
- Provides sufficient protection from becoming infected with COVID-19 that other protections are not necessary.
NAD noted that CDC guidance makes clear that solutions like HEPA air filters or cleaners are only part of a multi-layered approach to mitigate and reduce the risk of exposure to COVID-19 and is intended for use with numerous other precautionary practices. Because none of that context is present in Shark’s advertising, NAD recommended that Shark discontinue its COVID-19 claims.
NAD noted that nothing in its decision prevents Shark from claiming that air filters can be used as part of multiple mitigation strategies to reduce the spread of COVID-19 and lower the risk of exposure.
Clean Air 100% Claim
Shark advertises that its air purifiers offer “Clean Air 100%” by prominently displaying images of its purifier, which has a display known as Clean Sense IQ, with the numbers “100%” under the words “CLEAN AIR.”
NAD noted that none of Shark’s advertisements that contain the “Clean Air 100%” claim provide any explanation of what is meant by 100%.
A claim of 100% cleanliness is a powerful claim, and in the absence of context that clearly conveys the basis of the claim, NAD found that consumers may reasonably take away a literal message—that the air surrounding the purifier is 100% clean of any pollutants. Therefore, NAD recommended that Shark modify the claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim.
Finally, during the proceeding Shark voluntarily agreed to permanently discontinue the claim that its filters “capture 99.97% of odors.” Therefore, NAD did not review this claim on the merits.
In its advertiser statement, Shark stated that it “will appeal NAD’s decision.” The advertiser stated that while “it is pleased that NAD determined that Shark’s evidence demonstrated that its filters meet the HEPA standard when they left the production line” and that “Shark provided a reasonable basis for its HEPA claims for the Shark Air Purifier 4,” it “disagrees with NAD’s other findings and recommendations.”
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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
Abby Hills
Director of Communications
BBB National Programs
703.247.9330 / press@bbbnp.org
NAD Finds Certain Environmental Benefit Claims for ABA’s “Every Bottle Back” Initiative Supported; ABA Appeals Recommendation to Modify Other Claims
New York, NY – November 22, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that the American Beverage Association (ABA) provided a reasonable basis for the following environmental benefit claims related to its Every Bottle Back program, which is designed to encourage and increase beverage container recycling in the U.S.:
- “Our bottles are made to be remade.”
- “We’re carefully designing our bottles to be 100% recyclable, including the caps.”
- The “That completes the circle” portion of the claim “That completes the circle and reduces plastic waste.”
- “Increasing awareness about the value of 100% recyclable plastic bottles.”
However, NAD recommended that ABA modify certain aspirational claims regarding the use of recycled materials in bottles, as well as claims relating to ABA’s partnerships with non-profit organizations and efforts to achieve sustainability goals together. ABA will appeal these portions of NAD’s decision.
The claims at issue, which appeared on ABA’s website and in a video advertisement, were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising.
ABA is the trade association for the U.S. nonalcoholic beverage industry whose members are Coca-Cola Company, Keurig Dr Pepper, and PepsiCo. Consumers who are loyal to ABA’s brands care about environmental stewardship and cannot readily verify the truth and accuracy of environmental benefit claims.
Recyclability Claims
NAD assessed the evidence provided by the advertiser in support of claims that center on the recyclability of the bottles and further explain that the material is reused and recycled.
NAD determined that the claims “Our bottles are made to be remade” and “We’re carefully designing our bottles to be 100% recyclable, including the caps” are supported by a reasonable basis, including evidence that ABA member companies use 100 percent recyclable virgin plastic PET in their bottles and that some of its members are transitioning from the use of dark to clear plastic to make it more compatible with recycling processes and more likely to be reused.
NAD noted, however, that while PET is among the acceptable recyclable materials in the widely available recycling facilities nationwide, the claim “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles” conveys the message that the bottles are recycled NAD found that the challenged claim does not make clear that this is a goal towards which the companies are working to achieve.
Further, regarding the “reduces plastic waste” part of the claim “That completes the circle and reduces plastic waste,” NAD found that while the ABA supported its recyclability claim, the evidence is less clear about a meaningful reduction in plastic waste even though the ABA provided evidence about efforts by its members to reduce total waste in their manufacturing practices.
For these reasons, NAD recommended that the advertiser modify its claims, “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles” and “reduces plastic waste,” to better fit the evidence provided.
Increased Awareness of Recyclable Bottles
In support of its claim “Increasing awareness about the value of 100% recyclable plastic bottles,” the advertiser noted that aside from the advertising at issue in NAD’s inquiry, it has engaged in messaging on many digital platforms as well as recycling education programs (including at the community level) in the U.S. and several other countries that reached an estimated 28 million people. Based on this evidence, NAD determined that the claim was supported.
Reducing Plastic Footprint Claim
ABA’s claim, “Working with World Wildlife Fund through their ReSource: Plastic program to reduce our plastic footprint,” relates to its partnership with World Wildlife Fund (WWF), which in 2019 announced a goal of no plastic in nature by 2030 and the ReSource program would be the business partnership to achieve the goal. WWF uses its ReSource Footprint Tracker as the main analytical tool using a standard methodology to track the “plastic footprint” of companies that are members of its ReSource: Plastic program. NAD noted that “plastic footprint” is defined as “a measurement of the amount of plastic that someone uses and then throws away, considered in relation to the damage this causes the environment.”
NAD found that the reducing the footprint of ABA member companies claim is an objective claim that requires substantiation. NAD determined that the evidence provided was not a good fit to support the broad claim that ABA is reducing the plastic footprint of its member companies.
Therefore, NAD recommended that ABA modify the claim “Working with World Wildlife Fund through their ReSource: Plastic program to reduce our plastic footprint” to better fit the efforts and results of the partnership.
Modernizing Infrastructure Claim
Regarding ABA’s claim “Partnering with The Recycling Partnership and Closed Loop Partners to improve recycling access, provide education to residents and modernize the recycling infrastructure in communities across the country,” NAD inquired solely about ABA’s efforts to “modernize the recycling infrastructure in communities across the country.”
After reviewing the evidence, NAD found that ABA’s efforts are occurring in some communities in many states, but not broadly in communities across the country as the claim states. In addition, some of the progress, albeit noteworthy, does relate to some listed objectives, such as improving recycling access, but does not necessarily relate to infrastructure modernization (e.g., adding new recycling carts; education efforts).
Therefore, NAD recommended that the claim “partnering with The Recycling Partnership and Closed Loop Partners to improve recycling access, provide education to residents and modernize the recycling infrastructure in communities across the country” be modified to better reflect the recycling modernization efforts. NAD noted that nothing in its decision precludes the advertiser from touting its partnership with the Recycling Partnership and Closed Loop partners and benefits of those projects that are narrowly tailored to fit the evidence.
In its advertiser statement, ABA stated that it will appeal NAD’s “recommendations and interpretations that our advertisement overstates the extent to which our plastic bottles currently sold are made from recycled plastic and the efforts of our partnerships. These portions of NAD’s decision would limit our ability to effectively provide educational information about how the recycling system can work and inspire others to join us in striving toward our collection goals.”
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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:
Abby Hills
Director of Communications
BBB National Programs
703.247.9330 / press@bbbnp.org
National Advertising Division Recommends Cash App Financial Services Platform Discontinue or Modify Megan Thee Stallion Video About Investing
New York, NY – November 21, 2022 – To prevent a company from conveying to consumers the unsupported message that consumers can achieve significant wealth with minimum investment, the National Advertising Division (NAD) of BBB National Programs recommended that Cash App discontinue or modify its video commercial with Megan Thee Stallion telling consumers they can invest as little as a dollar alongside images of a coin going down and up, followed by her adding a gold bar to a stack of gold bars and saying that “with my knowledge and your hustle, you’ll have your own empire in no time.”
The claims at issue were challenged by NAD as part of its routine independent monitoring of truth and transparency in U.S. national advertising.
Cash App is a brand name of a financial services platform operated by Block, Inc. that provides a variety of financial payment and investment-related services, including allowing consumers to invest in stocks and Bitcoin.
“You’ll Have Your Own Empire in No Time”
NAD’s inquiry focused on whether the exaggerated statement “You’ll have your own empire in no time” is hyperbole that consumers would not take literally or conveys a message requiring support.
NAD noted that where an objective representation is made (i.e., termed in fact rather than opinion) regarding the performance or other tangible attributes of a product, that is sufficiently specific and material enough to create expectations in consumers, then substantiation for the claim is required.
Although the claim “You’ll have your own empire in no time” standing alone might be vague, non-actionable puffery, it is accompanied by images of bouncing coins beside accumulating gold bars. Further, NAD found that the express claim is made in the context of advertising touting that consumers can invest as little as $1 on Cash App, and thus appeals to an audience that may not be familiar with the risks associated with investing or the volatility associated with Bitcoin in particular.
NAD determined that while consumers may understand that they will not achieve the success of Megan Thee Stallion or create an empire, they could also reasonably take away the implied message that Bitcoin investing generates significant wealth with minimum investment, an objective message requiring support. According to NAD, there was no support for this message.
Further, NAD concluded that the audio (“Bitcoin is an investment” for which “the price can go “up and down by the hour”) and written (“Investing has risks: you may lose money”) disclosures in the video were not clear and conspicuous.
In its advertiser statement, Cash App stated that it “agrees to comply with NAD’s recommendations” and that it “has not hosted or distributed the video since March 31, 2022, and has no plans to do so in the future.” The advertiser further stated that it respectfully disagrees with NAD’s conclusion about the message conveyed by the video and noted that it “fully complies with all regulatory requirements regarding the sale of Bitcoin.”
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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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
Abby Hills
Director of Communications
BBB National Programs
703.247.9330 / press@bbbnp.org
Chicago Tech Company Announces Launch of Food Import Automation App
Chicago, IL: RudiCoder LLC, an e-commerce logistics company based in downtown Chicago, is pleased to announce the launch of PriorNotify, an e-commerce enabled application that automates the regulatory process for selling and shipping international food and beverages to customers in the USA.
“PriorNotify is a game-changer,” said Holly Urban, CEO and co-founder of RudiCoder. “If you sell or ship non-US American food and beverage products to customers in the USA, then you know how difficult and time-consuming the US American regulatory process can be. With our PriorNotify app, the process can be completed in seconds,” continued Urban.
PriorNotify is designed for food and beverage producers, as well as for merchants, distributors, drop shippers, and fulfillment and shipping services. International companies can now easily sell and ship edible products to US American retailers, distributors, and consumers.
PriorNotify offers seamless integrations with Shopify, WordPress (WooCommerce), Magento, PrestaShop, and WiX to automatically complete the regulatory process as soon as a product is purchased.
The app also works easily with any order management system, as well as online marketplaces like Amazon. Even without a direct integration, customer order information can be easily uploaded, allowing high-volume sellers to operate quickly and efficiently.
PriorNotify is built for e-commerce, and lets international producers, shipping and mailing companies, drop shippers, and other merchants easily work with each other.
For example, food or drink producers can automatically complete the regulatory process as soon as products are purchased from businesses that sell their products. Similarly, PriorNotify allows drop shippers to automatically notify their producers of each order, and automatically complete the regulatory process for each order, as soon as products are purchased. PriorNotify also allows shipping and mailing companies to automatically complete the regulatory process as soon as products are purchased from their customers.
PriorNotify also allows users to easily create commercial invoices. In addition, all PriorNotify app pages can be automatically translated into dozens of different languages.
“PriorNotify allows companies to effortlessly increase their product offerings, expand their sales and customer base in the USA, and drastically reduce their overhead expenses in the process,” Urban added.
Pricing is competitive with discounts as low as $0.10 per prior notice. There are no setup fees, no monthly minimum charge, no per-user fees, and no extra charges for preset product assortments. Free trials of PriorNotify are also available.
RudiCoder LLC is a food and beverage-focused e-commerce automation company based in downtown Chicago, IL, USA. For more on RudiCoder, please visit: RudiCoder.com and for PriorNotify: PriorNotify.com.
Contact Information
Name: Holly Urban
Email: hurban@incubatorllc.com
Job Title: CEO
Max Crowdfund Voted Best Crowdfunding Platform of 2022
Real Estate Crowdfunding Platform Wins Prestigious Cashcow Award
November 2022 Rotterdam – On the 4th November 2022, the Cashcow award winners were announced at the BeleggersFair in Amsterdam, the 8th edition of the largest investor event in the Netherlands. Max Crowdfund, with headquarters in Rotterdam, was crowned Best Crowdfunding Platform 2022 alongside category winners including Saxo Bank, ABN Amro and eToro.
Five organisations per category were nominated for the Cashcow awards and voted for by the general public and the financial community. Max Crowdfund was delighted to win first place in the category of Best Crowdfunding Platform.
“It is really rewarding to be acknowledged for all the progress that has been made within Max Crowdfund over the last year. We have huge plans for 2023 and will do everything to maintain the high standard of the existing platform as it grows,” said Max Crowdfund CEO, Felix Berkhout, at his award acceptance speech.
Max Crowdfund was represented at the BeleggersFair, held in the Beurs van Berlage, by CEO Felix Berkhout, who presented a masterclass on investing in real estate through crowdfunding alongside Marketing Manager Marc Bakker.
The fair attracted over 3200 attendees including delegates from the Dutch Financial Markets Authority (AFM). AFM board member Jos Heuvelman spoke on trends, developments and risk in the investment market.
In February 2022, Max Crowdfund was named fastest-growing crowdfunding platform in 2021 by market research company crowdfundingcijfers.nl after a tenfold increase of its transaction volume on the previous year. The amount of investment for real estate projects raised via Max Crowdfund grew by a further 500% over the last 12 months. To date, the platform has raised over €35 Million and is awaiting approval by the AFM for a European Crowdfunding Service Provider licence.
Contact Information
Name: Marc Bakker
Email: pr@maxcrowdfund.com
Job Title: Marketing Manager
National Advertising Division Recommends T-Mobile Modify or Discontinue Certain TV Commercial Claims for Magenta Max Wireless Service Plan
New York, NY – November 15, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile US, Inc. modify or discontinue certain claims for its Magenta Max mobile wireless service plan, including claims that:
- “You’ll get T-Mobile’s Price Lock Guarantee, they won’t raise the rates of your rate plan, ever” (the “Price Lock Guarantee” claim).
- “When you switch your family to T-Mobile Magenta Max, you can get up to $1,000.”
- “Families [with T-Mobile] save 20% versus AT&T.”
The claims at issue, which appeared in two T-Mobile television commercials (the “Please Listen” ad and the “Cumpleanos” ad), were challenged by competitor AT&T Services, Inc.
“Price Lock Guarantee” Claim
At issue for NAD was whether T-Mobile’s Price Lock Guarantee claim, as it appears in the Please Listen ad, clearly communicates to consumers that T-Mobile’s Price Lock Guarantee refers only to the monthly rate that consumers pay for wireless service under the Magenta Max plan and does not include associated taxes and fees.
NAD found that while customers are accustomed to advertised prices of goods being exclusive of sales tax, reasonable consumers may not understand the meaning of “price” within the context of the Price Lock Guarantee claim in the Please Listen ad as referring to the service’s monthly rate only and excluding fees and other taxes. Further, NAD determined that T-Mobile’s disclosure is not effective in limiting the claim both as a matter of presentation and content.
NAD determined that the Price Lock Guarantee claim was unsupported and recommended that T-Mobile discontinue the “Price Lock Guarantee” claim or modify it to avoid conveying such a message. NAD noted that nothing in its decision prevents T-Mobile from making a more limited claim that it will not increase the monthly rate under the Magenta Max plan for talk, text, and data services.
NAD also determined that T-Mobile’s Please Listen ad reasonably conveys the implied message that only AT&T and Verizon have recently imposed price hikes and fee increases on consumers for mobile wireless service. Because T-Mobile recently increased fees charged to consumers for mobile wireless service, NAD recommended that the commercial be modified to avoid conveying this unsupported message.
“Get up to $1,000 Back” Claims
Regarding the claim “when you switch your family to T-Mobile Magenta Max, you can get up to $1,000,” NAD considered whether the Please Listen and Cumpleanos ads make it clear that T-Mobile was offering switching customers $200 per line for up to five lines of service, or whether a reasonable consumer could take away the message that they are eligible for the full $1,000 regardless of the number of lines switched.
NAD found that both ads reasonably convey the message that a typical consumer who switches to T-Mobile’s Magenta Max plan is eligible to get $1,000. However, to the extent that the advertised offer can only be achieved by a certain class of consumer or under certain circumstances, the class of person or circumstances that can achieve the maximum level of performance claimed must be clearly and conspicuously disclosed.
Therefore, NAD recommended that the claim be modified to make it clear as part of the main claim, or in a similar font size in close proximity to the main claim, that the maximum amount advertised can only be attained by families switching five lines. Additionally, NAD recommended that the on-screen disclosures stating the material terms of the offer be modified to be clear, conspicuous, and easy to notice, read, and understand.
“Families with T-Mobile Save 20% Versus AT&T”
NAD considered whether T-Mobile’s 20% savings claim, in the context of its Cumpleanos ad, conveyed the broad message that all of T-Mobile plans offer a 20% savings over comparable wireless plans offered by AT&T, or whether it conveyed a more limited message that such savings are available with T-Mobile’s Essentials plan.
NAD determined that the Cumpleanos ad reasonably conveyed the message that consumers can save 20% when choosing T-Mobile plans over AT&T and Verizon plans and that the disclosure mentioning the Essentials Plan was not clear and conspicuous so as to limit the claim.
Additionally, NAD determined that because the Cumpleanos ad presents offers for the Magenta Max plan and the Essentials plan mere seconds apart, a consumer would reasonably understand these offers to be cumulative and not two completely distinct offers for two different plans. NAD found that the immediate proximity of the offers would reasonably convey the message that consumers would also save 20% with the Magenta Max plan as compared to AT&T
While the record established that consumers who switch 3-4 lines to Magenta Max can save 20% there was nothing in the record to support the broad 20% savings claim when choosing any T-Mobile plan over any AT&T and Verizon plans. NAD therefore recommended that the Cumpleanos ad be modified to avoid conveying such a message.
In its advertiser statement, T-Mobile stated that it “will comply with NAD’s decision.” The advertiser further stated that it is proud of its Price Lock guarantee and $1,000 switching offer and “believes the challenged advertisements appropriately communicated the terms of its offers and rate plan savings. T-Mobile nevertheless indicated that the challenged commercials are no longer running and that as a supporter of self-regulation, it “will take NAD’s recommendations into account with respect to 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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Novus Releases Positive Earnings For 3rd Quarter 2022
Regulation Reform Places Employer-Sponsored Health Plans as a Great Cannabis Distribution Model to Consumers
MIAMI, FL – AccessWire – November 15, 2022, – Novus Acquisition and Development, Corp. (OTC Markets: (NDEV), through its wholly-owned subsidiary WCIG Insurance Services, Inc. Operates as a national supplemental health insurance carrier and, the nation’s first health carrier offering cannabis that is included in health plans for recreational and medicinal users. Announces the release of its 3rd quarter interim statement.
In Novus’ 3Q, 2022 statement demonstrates positive earnings, the integration of an online pharmacy managed by Plitio to provide our cannabis policyholders with online ordering of prescription meds, and the latest state referendums that continue to support cannabis in employee benefit packages.
Financial Highlights:
For the 3rd quarter of Novus’ Fiscal Year of 2022, the points below show the financial condition of the Company’s business model.
- No Dilution: No common stock was issued in the last six consecutive quarters. All third-party vendors who received stock issued from treasury are subject to a mandatory leak out of securities which is 15% of the average daily trading volume, computed over the last 30 trading days.
- Three-Month Gross Revenue Increase: Gross Revenue increased $9,506 or 12.27% to $77,461 for the three months ended September 30, 2022, as compared to $67,955 for the three months ended September 30, 2021.
- Three Month Net Revenue Increase: Net Revenue, increased from $43,067 to $47,044 an increase of 8.45% or $3,977 on September 30, 2022, as compared to the three months ended September 30, 2021.
- Profit Margin: On September 30, 2022, the company demonstrated a 39.26% profit margin pricing structure in its business model up from 38.58% three months ended September 30, 2021
- Shareholder Equity Increase: An increase of $72,361 or 4.65% which is $1,554,250 on September 30, 2022, from $1,481,889 on September 30, 2021.
- Cash and Cash Equivalents: Increased to $179,661 on September 30, 2022, or 11.9%, an increase from $158,195 for the same period ended September 30, 2021.
Online Pharmacy Adaptation:
It’s been six years of building an infrastructure of a Provider Network of cannabis verticals that integrates cannabis in our health plans, and we find ourselves on the precibus of re-scheduling cannabis under federal law.
Management has set its plans for the future in giving cannabis policyholders more healthcare options for their cannabis benefits. Projecting the beginning of 2023, Novus will offer prescription medication through an online pharmacy platform with a Canadian developer known as Plitio.
The deal calls for private labeling of the intellectual property in the name of Novus. The technology backbone of the platform will remit and distribute prescriptions at a discount of as much as 50% on generic meds.
Frank Labrozzi, Novus’ CEO, states; “This alliance offers threefold advantages, more revenue to our Provider Network, immense discounts to our policyholders on their prescriptions and/or cannabis meds, all leading to generating more policyholder sales for our shareholders.”
Kayhan Moayeri, Plitio CEO, states: “We see that our technology and prescription drug plans offered by Novus, will simultaneously expand each of our company’s marketplace presence, benefiting providers and policyholders.
Cannabis Regulation Reform:
California has taken in nearly $4 billion in marijuana tax revenue since 2018, last year, increased 55 percent more from cannabis. Being one of our largest markets in cannabis we determined that many states would follow suit.
Here is the regulatory landscape that increasingly supports cannabis in health plans for the consumer:
- Interstate Commerce: California SB 1326 permits interstate cannabis commerce from California to other legal states.
- Insurance Codes: California AB 2568, Insurance Code, is not a crime under California law solely for providing insurance or related services to persons licensed to engage in commercial cannabis activity pursuant to this division.
- Patient Rights: California B1954, physicians cannot be penalized for administering treatment to a patient who uses medical marijuana in compliance with state law.
- Fair Employment and Housing Act: California B2188: Eliminates employment-based THC testing and prohibits penalizing a person solely because of off-duty cannabis use.
Conclusion Cannabis in the Workplace
As Management continues to negotiate and finalize agreements of embedding our cannabis health plans with regional and national health carriers, we overcame the obstacles concerning conflicts with the Drug-Free Workplace Act and state laws authorizing cannabis use.
Fortunately, The Patient Rights Act and Insurance Codes prompted Human Resource Departments to rewrite their policies concerning cannabis. Aside from employee safety issues, employers are approving the adaptation of policies in accordance with the Responsible and Equitable Regulation of Adult-Use Cannabis (RERACA). What’s changed their minds? Since COVID the zero-tolerance employer is confronted with daily struggles in staffing shortages, recruitment, telework demand, and retention issues which top their priorities directly.
Three things investors need to know that Novus’ business model,
- We are not solely dependent on the end of cannabis prohibitions since insurance codes work primarily at the state level.
- Legislative reform obviously will bring more significant changes, the not so popular, higher taxes on recreational cannabis, driving consumers from being rec users to becoming med users, and,
- Employers are faced with an ever-changing landscape, as employees want cannabis in their health benefits, provoking HR department to entice and retain staffing deficiencies.
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About Novus
Novus Acquisition & Development Corp. (NDEV), through its subsidiary WCIG Insurance, Services, Inc. provides health insurance and related insurance solutions within the wellness and medical marijuana industries in states where legal programs exist. Novus has developed its infrastructure within many lines of the insurance business such as health, life, and fixed annuities. As a carrier Novus relies on two key indicators to measure value and performance. The Benefit Monetization Ratio is defined as the total number of policies, monetized annually, which is offset by the operating cost ratio which is a Balance Sheet line item computed as Net Asset Value.
Novus’ medical cannabis benefits package will work as outside developers and will not cultivate, handle, transport grow, extract, dispense, put up for sale, put on the market, vend, deliver, supply, circulate, or trade cannabis or any substances that violate the United States law or the Controlled Substances Act, nor does it intend to do so in the future and will continue to follow state and federal laws. The statements made about specific products have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent disease. All information provided on these press releases, or any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. All cannabis transaction is solely between the state-licensed dispensary and the registered patient.
The state laws conflict with the federal Controlled Substances Act. The current administration has effectively stated that it is not an efficient use of resources to direct federal law enforcement agencies to prosecute those lawfully abiding by state-designated laws, allowing the use and distribution of medical marijuana. Changes in consolidation may affect the provider network. However, there is no guarantee that the current administration, nor any future administration, will not change this policy and decide to enforce the federal laws strongly. Any such change in the federal government’s enforcement of current federal laws could cause significant financial changes. While we do not intend to harvest, distribute, or sell cannabis or cannabis-related products, we may be harmed by a change in enforcement by federal or state governments.
Forward-Looking Statements
This release includes forward-looking statements, which are based on certain assumptions and reflect management’s current expectations. These forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. Some of these factors include: general global economic conditions; general industry and market conditions and growth rates; uncertainty as to whether our strategies and business plans will yield the expected benefits; increasing competition; availability and cost of capital; the ability to identify and develop and achieve commercial success; the level of expenditures necessary to maintain and improve the quality of services; changes in the economy; changes in laws and regulations, includes codes and standards, intellectual property rights, and tax matters; or other matters not anticipated; our ability to secure and maintain strategic relationships and distribution agreements. Novus disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. Additionally, this press release that is not statements of historical fact may be considered to be forward-looking statements. Written words, such as “may,” “will,” “expect,” “believe,” “anticipate,” “estimate,” “intends,” “goal,” “objective,” “seek,” “attempt,” or variations of these or similar words, identify forward-looking statements. By their nature, forward-looking statements and forecasts involve risks and uncertainties because they relate to events and depend on circumstances that will occur in the near future.
Investor Contact Information
855-228-7355
Email: info@getnovusnow.com
Contact Information
Name: Frank Labrozzi
Email: frank@ndev.biz
Job Title: CEO
Genexa Appeals NAD Recommendation to Discontinue or Modify Pediatrician Preference and Ingredient Claims for OTC Kids’ Pain & Fever Medicine
New York, NY – Nov. 14, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that Genexa Inc. discontinue certain pediatrician preference claims and ingredient claims for its over the counter (OTC) Kids’ Pain & Fever medicine. Genexa will appeal NAD’s decision.
The challenged claims appeared on the advertiser’s website, in social media posts, on physical point-of-sale displays, and in digital video advertising.
The claims were challenged by Johnson & Johnson Consumer, Inc., McNeil Healthcare Division, manufacturer of competing OTC pain and fever medications for children. Both parties’ products contain the active ingredient acetaminophen but differ in the formulation of their inactive ingredients.
At issue for NAD was whether the challenged pediatrician preference claims were supported by a survey of pediatricians (the FRC Survey) and whether the challenged ingredient claims, which contrast the advertiser’s product with other children’s OTC medications including formulations of Johnson & Johnson’s Children’s TYLENOL Pain + Fever Oral Suspension, were falsely disparaging.
Pediatrician Preference Claims
Johnson & Johnson challenged the following pediatrician preference claims:
- “Pediatricians prefer Genexa’s Kids’ Pain & Fever over Children’s Tylenol Pain + Fever liquid products for their own children based upon comparing the ingredients”; and
- “The doctors have spoken.”
Stepping into the shoes of a reasonable consumer, NAD found that one message conveyed by the challenged claims is that the pediatricians prefer the advertiser’s product and not that such preference is limited to “ingredients.” NAD also found that another reasonable consumer message conveyed is that pediatricians recommend the advertiser’s product in their own practices and use it to treat their own children. NAD determined that the advertiser’s FRC survey was not a good fit for the challenged claims.
NAD recommended that the claims be discontinued or modified to make clear that the surveyed pediatricians expressed a preference only as to “ingredients.” NAD further recommended that the advertiser avoid stating or implying that pediatricians prefer or use the advertiser’s product over the challenger’s product in their practices or for their own children.
Ingredient Claims
NAD has recognized that there is a distinction between claims that underscore a product’s claimed benefit versus claims that state or reasonably imply that other products are unsafe or pose potential risks or dangers.
NAD found that the following challenged claims convey the message to a reasonable consumer that there are ingredients in competitors’ products, including Johnson & Johnson’s, that are dangerous and unsafe by indicating that the ingredient is in or made from products that would be harmful if ingested.
Because there was no evidence in the record to support claims that the FDA-approved non-active ingredients in competitors’ products, including Children’s TYLENOL, are harmful or unhealthy, NAD recommended that these claims be discontinued.
NAD also recommended that the advertiser discontinue the “MADE WITH REAL INGREDIENTS” claim in the context presented in the now discontinued video advertisement and avoid conveying the message that competing products with different inactive ingredients are generally unsafe, harmful, or dangerous. NAD noted that nothing in its decision prevents the advertiser from highlighting the “real ingredients” in its product provided, however, that the advertising does not otherwise convey the message that competing products contain inactive ingredients that are generally unsafe, harmful, or dangerous.
NAD determined that several remaining ingredient claims did not constitute mere puffery, but instead compared Genexa’s products to competitor’s products in a measurable way such that substantiation for the claims is required.
Therefore, NAD recommended that the advertiser discontinue the following claims in the context in which they appear in the challenged advertising:
- “When we looked around the medicine aisle, we found something that made us sick.”
- “Your kid’s pain medicine shouldn’t give you a headache.”
- “Things that shouldn’t exist, with a list of items like “showers that make you dirty,” “food that makes you hungry,” “all artificial dyes in medicine,” and “parabens in medicine.”
Finally, the advertiser informed NAD that it had previously discontinued the use of four additional claims “EWWW,” “SERIOUSLY?!,” “JUST WOW . . ..” “Ditch the dirty,” and “#pediatricianapproved” prior to the date of the challenge. During the challenge, the advertiser advised NAD and the Challenger that it permanently discontinued these claims. Therefore, NAD did not review these claims on the merits.
In its advertiser statement, Genexa stated that it will appeal NAD’s decision. The advertiser stated that although it is “pleased that NAD found that the FRC Survey supported an ingredient-based preference claim (e.g. ‘Pediatricians prefer the ingredients in Genexa’s Kids’ Pain & Fever over Children’s Tylenol Pain + Fever liquid products for their own children’)” and that “nothing in NAD’s decision prevents Genexa from highlighting the ‘real ingredients’ in its product,” it “fundamentally disagrees with the balance of NAD’s decision,” including the recommendations to modify or discontinue the challenged claims.
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
BEEAH Group pledges to achieve emissions-free mobility at COP27
BEEAH Group, the Middle East’s pioneer in sustainable, smart solutions for future-ready cities, has signed the ZEV Declaration at the 2022 United Nations Climate Change Conference (COP27) in Egypt. Around 200 signatories to the declaration, initiated by the UK Presidency, are now setting a roadmap so that by 2040, all new van and car sales will be zero-emissions vehicles (ZEV).
By signing the ZEV Declaration, BEEAH Group is taking definitive steps within its own operations and is joining the call to action for governments, businesses, and organisations to rapidly accelerate the transition to zero-emission vehicles and achieve the goals of the Paris Agreement. Following the signing, Khaled Al Huraimel, Group CEO of BEEAH Group, said: “As a pioneer for sustainability in the Middle East, we have been committed to setting the pace for sustainable action. Through our businesses and innovations, we have demonstrated several models to advance net-zero emissions and zero-waste-to-landfill strategies. Now, as the first organisation in the UAE to sign the ZEV declaration, we are hoping to lead by example and showcase tangible business benefits to using emissions-free fleets for operations, combining electric and hydrogen fuel solutions.”
In line with the UAE’s sustainability roadmap and the Net-Zero by 2050 strategic initiative, BEEAH Group has already made advancements to lower emissions across its businesses and projects.
Within its holding group structure, one of BEEAH Group’s major businesses is its waste collection and city cleaning business, BEEAH Tandeef. Its fleet of thousands of vehicles comprises electric models, which enable operations across the UAE, in the Kingdom of Saudi Arabia and Egypt, including in the city of Sharm El Sheikh where COP27 is being held. BEEAH Tandeef’s services in Sharm El Sheikh began a few days prior to COP27. A digitally enabled fleet, hundreds of innovative bins, as well as a large skilled workforce have been deployed to tourist hotspots, public spaces and residential areas in Sharm El Sheikh. Cleaning personnel and bins are also serving the Sharm El Sheikh International Convention Centre, where COP27 is being held. Following the conference, BEEAH Tandeef will continue to deliver its services as part of a 10-year contract in the city.
BEEAH Group has also placed the Middle East’s largest order for fully electric Tesla Semis, which once developed will be one of the fastest and safest freight trucks in the world. Through its green and autonomous mobility business, BEEAH Transport, the Group has been exploring next-generation innovation in sustainable mobility and testing models for smarter, emissions-free transport.
“Zero-emissions vehicles will be essential to creating accessible, hyperconnected transport networks in the smart, sustainable cities of the future. Through BEEAH Transport, our dedicated business driven towards the green mobility transition, we will continue to drive the adoption of zero-emissions vehicles across industries, as well as solutions that support the need for green mobility infrastructure in the region,” the BEEAH Group CEO added.
The UK Presidency initiated the ZEV Declaration at COP26 in Glasgow last year and has since had many governments, companies, automobile manufacturers and fleet operators sign on to the pledge. Speaking on the development, Nigel Topping, UN Climate Change High-Level Champion for COP26, said: “BEEAH Group is our first Race to Zero signatory in the UAE to sign on to the ZEV Declaration, which is a critical development as countries in the Middle East region have high vehicle densities. By making the switch to zero-emission vehicles, BEEAH Group is taking a decisive step towards achieving the net-zero ambition and contributing to the local, regional, and global sustainability agenda. During COP27, we expect that more governments and non-state actors in the Middle East will be inspired to act towards an emission-free mobility sector in the region.”
Representing UAE at COP27, BEEAH Group is exhibiting its milestone projects that have contributed to a future of net-zero emissions, zero-waste to landfill and infrastructure for sustainable, smart cities.
One of the key projects being showcased is the Sharjah Waste to Energy Plant, the region’s first commercial-scale plant of its kind. The plant is equipped to divert 300,000 tonnes of waste away from landfill every year while meeting the power needs of approximately 28,000 homes in Sharjah. The plant is the inaugural project of the Emirates Waste to Energy company, a joint venture between BEEAH Group and Masdar, the Abu Dhabi Future Energy Company.
The Group is also highlighting its state-of-the-art Waste Management Centre, which has been the driving force for the emirate of Sharjah in achieving 76% landfill waste diversion. The complex is managed and operated by BEEAH Recycling, the Group’s recycling, and material recovery business. It comprises ten specialised facilities equipped with digital technologies and advanced machinery, which help automate waste sorting and processing to recover valuable material for reintroduction into the circular economy.
The BEEAH Group Headquarters building is also being displayed at the pavilion as a model for offices of the future and infrastructure in tomorrow’s sustainable, smart cities. Integrated with future AI and digital twin technologies, the Headquarters is built to operate at net-zero, LEED Platinum standards. Featuring the iconic design of the late Dame Zaha Hadid, one of the world’s most influential architects of her time, the building also offers an unparalleled environment for employee comfort and productivity.
Speaking about BEEAH Group’s participation, Al Huraimel added, “We are proud to be part of the UAE delegation to COP27. It is great to be part of the global conversation on planning and taking climate action. By showcasing the projects that are contributing to the UAE’s sustainability agenda, we hope to offer models for success in achieving a sustainable quality of life for all. Following the ZEV declaration, we also look forward to the next chapter of collaboration and innovation to solidify our efforts and impact towards a future of net-zero emissions.”
Contact Information
Name: Mohamed Salim Allawi
Email: mallawy@beeahgroup.com
Job Title: Media Relations Specialist