Category: Go Media

New York, NY – January 8, 2024 – In a challenge brought by competitor Link Snacks, Inc., BBB National Programs’ National Advertising Division determined that in context “The Best” and “Clearly the Best” claims made by Old Trapper Smoked Products, Inc. for its Old Trapper Smoked Beef Jerky are puffery and not objective assertions of fact that Old Trapper jerky is “the best.”

However, the National Advertising Division (NAD) recommended that Old Trapper discontinue the challenged ingredient claims to avoid conveying the message that they are using superior ingredients.

“The Best” and “Clearly the Best” Claims

NAD determined that the following claims were puffery:

• Clearly the Best Beef Jerky.
• The Best Ingredients Create the Best Beef Jerky.
• Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best.

NAD noted that:

• Old Trapper’s “Clearly the Best Beef Jerky” slogan, when used on its product packaging and website, conveys a message of corporate pride, and the use of “best” is not comparative as no specific competitor or ingredient is identified. In these contexts, the challenged claims are unquantifiable and therefore, puffery.
• The claim “The Best Ingredients Create the Best Beef Jerky” which appears prominently on the Old Trapper website landing page, did not convey a specific comparative superiority message.
• Old Trapper’s 15-second YouTube video that depicted a single bag of Old Trapper jerky while “Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best”, did not convey a comparative superiority message because the video only featured Old Trapper, did not tout attributes other than a single reference to “clearly fresh,” and did not refer to or depict any competitors or competitors’ products.

Ingredient Claims

Regarding the claim made on Old Trapper’s social media account, “We use only the highest quality ingredients in every Old Trapper flavor. That’s just one of the reasons why Old Trapper is #ClearlyTheBest,” NAD determined that the language “We use only the highest quality ingredients” is an objective claim that requires support.

In the absence of any support that Old Trapper uses the highest quality ingredients, NAD recommended that Old Trapper discontinue or modify these claims to avoid conveying the message that they are using superior ingredients.

In its advertiser statement, Old Trapper stated that it “agrees to comply with NAD’s recommendations in this matter” and “appreciates NAD’s careful consideration of the issues presented.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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

McLean, VA – January 4, 2024 – The Digital Advertising Accountability Program (DAAP) of BBB National Programs brought LexisNexis, a division of RELX Inc., into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising (IBA). LexisNexis is a global publisher of print and electronic resources related to law and legal services, and a first-party web publisher for purposes of the DAA Self-Regulatory Principles.

This case arose from DAAP’s ongoing monitoring of websites to assess compliance with the DAA Principles. DAAP visited lexisnexis.com to review compliance with the DAA Principles but could not test for IBA across all web pages as many require a user log-in, limiting the DAAP review to consumer-facing pages.

During its inquiry, DAAP observed data collection by third-party companies known to engage in IBA. When DAAP examined LexisNexis’ website, it located a link in the site footer labeled “Privacy Policy.” Under the Transparency Principle, web publishers must provide a link—distinct from the privacy policy—on each webpage where third-party data collection for IBA occurs. Unlike other privacy-related disclosure links, an enhanced notice link must take users directly to its IBA disclosure and a method to opt out of IBA.

LexisNexis’ privacy policy mentioned sharing information with advertisers but lacked a direct link for opting out, which is not compliant with the DAA Principles. Further examination revealed a more detailed description of third-party data collection for IBA in the Cookie Policy, including a link to the DAA’s opt-out tool. However, neither the Cookie nor Privacy Policy stated adherence to DAA Principles and no webpage linked to this policy for enhanced notice.

In response to DAAP’s inquiry, LexisNexis conducted a comprehensive review of its compliance with the DAA Principles to identify areas in its compliance protocols that need strengthening. The company worked diligently to find comprehensive solutions to each issue and consulted with DAAP on its plan to come into compliance.

To offer enhanced notice of IBA collection across its vast range of websites, LexisNexis added an “Ad Choices” link to every domain, including various footer designs. This link directs users to Section 3 of the renamed “Cookies and Interest-Based Advertising Policy,” detailing managing third-party IBA and linking to the DAA’s opt-out tool. Previously accessible after two clicks, this policy is now more readily available. Additionally, LexisNexis included a statement adhering to the DAA Principles in this policy section, ensuring easier access to real-time IBA notices for users across all their web products.

As part of the decision in this matter LexisNexis added a statement reading: “At LexisNexis, we are committed to ensuring transparency in our privacy practices. We are pleased with the DAA Accountability Program’s recognition that LexisNexis is compliant with its self-regulatory principles.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org. 
 
About the Digital Advertising Accountability Program: The Digital Advertising Accountability Program (DAAP), a division of BBB National Programs, was developed by the Digital Advertising Alliance (DAA) to enforce industry self-regulation principles for data privacy in online and mobile advertising, holding companies accountable to the DAA’s Privacy Principles. DAAP provides guidance to companies looking to comply with industry principles and responds to complaints filed by consumers about online privacy.

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

New York, NY – January 4, 2024 – In a challenge brought by competitor LegalZoom.com Inc., the National Advertising Division (NAD) of BBB National Programs determined that ZenBusiness Inc. provided a reasonable basis for certain claims for its business services platform that provides corporate formation services. NAD recommended, however, that ZenBusiness discontinue or modify other challenged claims.

Rankings on ZenBusiness Webpages

ZenBusiness operates a webpage with the headline “Best Service Providers (Top 4 Reviewed),” ranking itself at #1 (“Excellent Overall Service”) and LegalZoom at #3 (“Known for Branding”). The rankings and reviews are controlled by ZenBusiness and are advertising for ZenBusiness LLC formation services.

NAD recommended that ZenBusiness discontinue its rankings and review format or modify its advertising to avoid conveying a message that the review and rankings webpages and the reviews and rankings themselves are genuine, independent, and on an objective review site.

Because the links on the challenged webpages direct consumers to a page presenting only purchase options for ZenBusiness, NAD also recommended that ZenBusiness modify its advertising to avoid conveying a message that links will direct consumers to a page where competitive services can be purchased.

Claim ZenBusiness is “Recommended” by Third Party Websites

In context, NAD found that consumers would reasonably interpret the claim that certain publications “recommend” ZenBusiness to mean that these publications approve of ZenBusiness for LLC formation services, not that they deem ZenBusiness to be superior to competitors. NAD found the claim that Forbes, Investopedia, MarketWatch, and Bizreport “recommend” ZenBusiness to be supported based on their respective reviews of ZenBusiness as a business formation service.

However, NAD recommended ZenBusiness modify its advertising to avoid conveying a message that NerdWallet has recommended ZenBusiness because NerdWallet does not provide such broad, unequivocal recommendations as the “recommended by” claim implies.

NAD also recommended that ZenBusiness clearly disclose the material connection between ZenBusiness and the endorsing publications with which it has an affiliate relationship. NAD noted that although ZenBusiness discloses that the recommendations are by its “affiliate partners,” consumers may not understand what “affiliate partners” means.

Claim Endorser “Recommends” ZenBusiness

NAD determined that consumers may believe a particular endorser, who is a celebrity and well-known entrepreneur, to be an expert in evaluating business formation services like those offered by ZenBusiness.

NAD found ZenBusiness provided reasonable support that the “recommended” endorsement was based on the endorser’s expert evaluation of the services but recommended a clear and conspicuous disclosure of the material connection between the endorser and ZenBusiness when using the endorsement.

Claim that ZenBusiness “Forms in about 1 to 2 Days”

During the proceeding, ZenBusiness modified the “forms in about 1 to 2 days” claim to state that consumers using their Pro and Premium services will “File in 1 to 5 days**,” with an accompanying asterisk and disclosures of similar font size below the claim that states, “**These filing times are averages and include our processing times and Secretary of State turnaround times, which vary by state.”

NAD found that although the initial claim was not supported, the modification of the claim to “file in 1 to 5 days**” and its clear and conspicuous accompanying disclosure clearly convey that the stated timeframe refers to filing times and not corporate formation.

“Save 43%” Claim

The ZenBusiness website features a page titled “ZenBusiness vs LegalZoom,” highlighting a claim to “Compare and save up to 43%.” Next to the copy, the challenged claim “Save 43%” appeared between listed prices of LegalZoom Pro and ZenBusiness Pro. A banner invites consumers to “compare ZenBusiness and LegalZoom formation services to discover how you can save up to $199,” followed by charts comparing the price of each ZenBusiness service package and its related features against its LegalZoom counterpart (Basic vs. Starter, Pro vs. Pro, Premium vs. Premium).

NAD determined that the service packages that are the basis of the savings claims are clearly identified and the comparisons are based on equivalent service packages, but that the 43% (now 29%) savings claims appearing above the banner and comparison charts do not clearly and conspicuously disclose the limited conditions under which the quantified savings are achieved.

NAD recommended ZenBusiness clearly state in close proximity to the 29% savings claims that the savings are based on prices that include the purchase of optional services and one year of use.

“$0” Claim

NAD determined the claim of “$0—Launch with ZenBusiness” reasonably conveys a message to consumers that they will not incur any costs in forming their business using ZenBusiness services. NAD found that ZenBusiness’ disclosure on a separate webpage stating that the advertised “$0” offer does not include mandatory state filing fees fails to prevent a misleading message from being conveyed.

NAD recommended ZenBusiness either discontinue the claim that consumers can launch a business with ZenBusiness for “$0” or modify its advertising to disclose clearly and conspicuously at the outset, and in close conjunction with the claim, that consumers must still pay state filing fees.

During the proceeding ZenBusiness agreed to permanently discontinue several challenged claims. Therefore, NAD did not review these claims on their merits and will treat them for compliance purposes as though NAD recommended they be discontinued and ZenBusiness agreed to comply.

In its advertiser’s statement, ZenBusiness stated that it “will comply with NAD’s recommendations and appreciates NAD’s diligence in reviewing the issues in this challenge” although it disagrees with certain aspects of NAD’s decision.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business. 

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

Las Vegas, NV—

A recent survey conducted by Edvisors of 1,000 students revealed that most students had realistic expectations regarding the necessity of borrowing funds to attend college and their expected earnings after graduation. However, the majority of students lacked confidence in their ability to repay their student loans following graduation.

The survey also revealed that 77% of students expected to borrow money to finance their education, with an average amount of $25-$30K in student loans. Most students also expected to earn between $50 and $75K annually for their first job after college. Half of students also expected to have other forms of debt at graduation, such as credit cards and car loans. However, 78% of students were not confident or hopeful they would be able to repay their student loans.

“The cost of a college degree can be daunting, but there are many benefits to opting to get a degree. A college degree can open doors to higher paying jobs and career opportunities,” explains Elaine Rubin, Director of Corporate Communication at Edvisors. “Earning a college degree can also provide a sense of accomplishment and pride. However, it’s important for students to be prepared for the financial costs once they begin their career after college. Right out of college, it can be challenging to earn income for basic living expenses, and difficult to budget their paychecks to accommodate monthly student loan payments.”

It is best to take steps to reduce financial risk while in school. For students looking to offset the cost of college, they should consider applying for scholarships, looking for internships, or working a part-time job.

For more information regarding the survey results, please visit: https://edvisors.com/blog/repaying-debts-after-college/

Edvisors recently launched an initiative to offer student loan repayment relief. Each quarter, one winner is chosen from all entrants to win $2,500 to help pay down their student loan debt. For more information and to enter, please visit: https://www.edvisors.com/repayment-relief/

About Edvisors: For 20 years we have been known as one of the largest and most trusted resources to help students find their path to success. Everyone needs to find their own path, and we know that first-hand. We work to provide information from both our professional and personal experiences, to help individuals through college and beyond. Every year, millions of students and their families turn to the company’s flagship site, Edvisors.com, for timely, accurate information, advice and tools that help them confidently make the best decisions about paying for college. Additionally, Edvisors owns ScholarshipPoints.com, where students earn points to enter scholarship drawings (the site has awarded over $1 million to date). Founded in 1998, Edvisors is based in Las Vegas, Nevada. More information can be found at www.edvisors.com.

New York, NY – December 22, 2023 – In a challenge brought by Actegy Health Inc. against IntelliBrands, LLC for its LegXercise products, the National Advertising Division (NAD) of BBB National Programs determined that IntelliBrands supported the claim that LegXercise causes movement and flexes the knee and ankle joints.

However, NAD recommended that IntelliBrands discontinue multiple claims on its website and in videos that LegExercise provides a number of health benefits relating to circulation, blood flow, restlessness, pain, aches, relaxation, cramps, tingling, swelling, mobility, walking, weak legs, coldness, discoloration, effective exercise, and overall health.

NAD also recommended that IntelliBrands modify its advertising to cease conveying the message that LegXercise is equivalent to a physical therapist.

The LegXercise is a motorized device that moves a user’s legs when sitting. The continuous motion of the device causes the leg to flex at the knee and ankle joints.

Health Claims

In support of its claims that LegXercise provides a number of health benefits, IntelliBrands relied on several articles about the benefits of passive exercise and a two-week study conducted in 2021 to evaluate the effects of LegXercise on leg circulation (IRSI Study).

NAD found the passive exercise studies, which did not involve the use of a LegXercise device, to be a poor fit for the claims and found the IRSI Study to be unreliable. As a result, NAD concluded that IntelliBrands did not meet its burden of substantiating its claims and recommended that it discontinue the health-related claims (and versions that were modified during the challenge), including that the LegXercise product:

• Soothes Leg Pain
• Calms Restlessness/ Calms Restless Legs
• Alleviates/ Prevents Leg and Foot Cramps
• Resolves Tingling/ Numbness/ Nerve Pain/ Neuropathy
• Reduces Swelling in your Legs, Ankles & Feet
• Increases Leg Circulation/ Circulation Booster/ Stimulates healthy Circulation/ Poor Circulation/ Itchiness/ Coldness
• Is Effective and Heathy Exercise/ Healthy Passive Exercise
• Increases your Mobility/ Walk without Pain
• Is a Walking Simulator/ Usage is equivalent to Steps per Minute
• Strengthens Weakened Legs

Product Name

NAD concluded that the name LegXercise did not convey an expressly false message because it is a fanciful term with no meaning and does not convey the message that the product offers clinically meaningful exercise.

In the absence of evidence that consumers take away an implied message that the name itself conveys a message that the product provides meaningful exercise, NAD declined to recommend a change to the product name.

Physical Therapist Claim

NAD determined that a challenged LegXercise commercial conveys the implied message that the product provides benefits equivalent to working with a physical therapist. NAD recommended that IntelliBrands modify its advertising to cease conveying this message because there was no evidence that using LegXercise is equivalent to having a physical therapist for the treatment of any conditions.

Step Claims

Regarding the challenged website and videos, NAD noted that the use of the word “step” is typically associated with walking and running, and concluded that by claiming that LegXercise counts steps, consumers can reasonably take away the message that using the product is equivalent to walking a certain number of steps. As there was no evidence in the record as to the equivalence of LegXercise to walking or step counts, NAD recommended that the step claims be discontinued.

Leg Movement and Flex Claims

IntelliBrands claims in its videos that LegXercise provides continuous automatic leg movement and flex at both the knee and ankle joints. NAD determined these claims were substantiated as they accurately describe how the product works. NAD cautioned, however, that IntelliBrands avoid conveying the message that the product provides health benefits due to this movement or flex.

During the proceeding, IntelliBrands voluntarily agreed to permanently discontinue a number of claims. Therefore, NAD did not review these claims on their merits.

In its advertiser statement, IntelliBrands stated that it “agrees to comply with NAD’s recommendations.” The advertiser further stated that “while Intellibrands believes that the advertising truthfully conveyed the benefits of the LegXercise device, it appreciates NAD’s guidance and careful review.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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

New York, NY – December 19, 2023 – In a BBB National Programs National Advertising Division (NAD) challenge brought by Charter Communications, Inc., Cincinnati Bell, Inc. voluntarily discontinued certain advertising claims for its altafiber that compared cable to fiber.

The challenged claims, which appeared online and in print, included claims disparaging cable and touting the alleged superiority of fiber over cable (specifically the superiority of Cincinnati Bell over Charter) as to reliability, speed, and other performance metrics.

Although Cincinnati Bell contended that NAD did not have jurisdiction to consider this challenge because the challenged advertising was targeted to consumers in a single market, NAD determined that it has jurisdiction over the challenged claims because the advertising appeared on the advertiser’s website and in a YouTube video, and targeted an audience that is larger than populations NAD has previously concluded were sufficiently substantial to support NAD review. In addition, the advertising at issue concerns Charter’s service, which is available nationally.

Because Cincinnati Bell agreed to permanently discontinue all challenged express claims, and, as a result, also permanently discontinued the challenged implied claims in the context in which they appeared, NAD did not review the claims on their merits.

In its advertiser statement, Cincinnati Bell stated that it “disagrees with NAD’s conclusion that it has jurisdiction over this matter but appreciates NAD’s recognition that Cincinnati Bell has permanently discontinued the challenged claims.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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

New York, NY – December 14, 2023 – In a BBB National Programs National Advertising Division (NAD) challenge brought by Assurant, B-Stock Solutions, LLC voluntarily discontinued certain advertising claims for its pre-owned mobile devices. 

During the proceeding, B-Stock Solutions informed NAD that instead of submitting substantiation, they permanently discontinued all challenged claims. Therefore, NAD did not review the claims on their merits.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.