Google Appeals National Advertising Division Recommendation to Discontinue Claim that YouTube TV Service is “$600 Less Than Cable”

Posted on August 22, 2023 by Operations Team

New York, NY – August 22, 2023 – In a Fast-Track SWIFT challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Google, LLC discontinue the claim that its YouTube TV service is “$600 less than cable.”

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD. At issue for NAD was whether the comparative pricing claim in two of Google’s commercials for YouTube TV service was supported.

The challenged “$600 less than cable” claim” is followed by a disclosure identifying “comparable standalone cable” as the basis of comparison.

The price calculation underlying the challenged claim includes the cost of two set-top boxes per household for “standalone cable” services. NAD found, however, that this comparison is not a good fit for the challenged claim comparing YouTube TV’s pricing to “cable” generally since cable providers like Charter offer streaming options that may not require a set-top box.

In the context of the “cable” comparison, NAD found the claim reasonably conveys the cost of YouTube TV is compared to all cable services.

Further, NAD noted that in this dynamic and competitive market it may be difficult to identify “comparable” offerings. However, in several markets cable providers offer regional sports networks but YouTube TV does not. NAD determined that it is reasonable for consumers to believe that YouTube TV offers at least the same channels as cable for viewing basketball.

For these reasons, NAD recommended that Google discontinue the claim that its YouTube TV services are “$600 less than cable.” NAD noted, however, that nothing in its decision precludes Google from making other truthful and non-misleading claims comparing the price of YouTube TV with the pricing of services offered by any cable provider.

In its advertiser statement, Google stated that it “unequivocally disagrees” with NAD’s decision and its “interpretation of ‘comparable’ offerings” and that it will appeal because it “believes that consumers broadly understand the difference between traditional cable and streaming and that they do not interpret ‘cable’ or ‘standalone cable’ offered via a ‘cable box’ as encompassing streaming services, regardless of who provides them.”

Appeals of NAD decisions are made to the 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. Per NAD Procedures, this 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. 

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Jennie Rosenberg
Media Relations
BBB National Programs
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LexisNexis International Legal Generative AI Survey Shows Nearly Half of the Legal Profession Believe Generative AI Will Transform the Practice of Law

Posted on August 22, 2023 by Operations Team

Generative AI tech adoption in legal markets is being driven by corporate counsel with expectations of AI use for drafting documents and research

NEW YORK – LexisNexis Legal & Professional^®, a leading global provider of information and analytics, today released the results of its International Legal Generative AI Survey. The survey asked 7,950 lawyers, law students, and consumers across the U.S., U.K., Canada, and France about their overall awareness, its anticipated impact on the practice of law, use of generative AI, and expectations of adoption.

Across countries, there is an expectation that AI will substantially impact the practice of law. Among the key findings, 47% of respondents believe generative AI will have a significant or transformative impact on the practice of law. Another 45% of respondents believe generative AI will have some impact, while only about 7% believe generative AI will have no impact.

According to the survey, there is an overall expectation among corporate counsel that law firms will adopt AI technology, with 60% agreeing that they expect law firms to use cutting-edge technology like generative AI tools and with only 10% who disagree. Law firms agree, with 52% affirming that their corporate counsel clients will expect them to use generative AI tools, while only 17% disagree.

Among countries surveyed, 67% of U.S. corporate counsel, followed by 61% of French counsel, 59% of U.K. counsel, and 53% of Canadian counsel, expect their law firms to adopt generative AI tools.

Additionally, there is an expectation of transparency when generative AI tools are used, with 78% of corporate counsel agreeing that law firms will make them aware when using generative AI tools.

Potential Use of Generative AI

Lawyers see the highest potential for generative AI tools to assist them in researching matters (65%). Drafting documents (56%), document analysis (44%), and email writing (35%) are also important potential use cases.

“Our survey confirms what we hear from customers all over the world every day, that they are excited about the potential of generative AI to help improve their productivity, efficiency, and overall business and practice of law,” said Mike Walsh, CEO of LexisNexis Legal & Professional. “Customer-driven innovation is core to the approach we take with product development, and LexisNexis is excited that our Lexis+ AI platform safely and securely provides critical generative AI tools to help legal professionals excel in their jobs.”

Awareness of Generative AI

Overall, the survey results show high awareness of generative AI, with 89% of legal professionals having heard of generative AI tools. For consumers, awareness is much lower (61%).

Ethics Regarding Generative AI

Most lawyers have at least some concerns about the ethical implications of generative AI on the practice of law (88%), with a third citing significant or fundamental concerns regarding ethical implications. This finding points to a need for legal professionals to work with trusted and ethical companies as they begin to use generative AI solutions in their work.

Consumer Use of Generative AI for Legal Work

Consumers largely use generative AI for researching legal topics (60%). Many would consider using AI for legal assistance to create a will (40%), set up a business (37%), and develop a rental agreement (39%).

Methodology

The survey was conducted across 7,950 people, including 3,752 lawyers, 1,239 law students, and 2,959 consumers in the US, UK, France, and Canada between March and July 2023. Surveys were conducted in English and French, and respondents were prompted for feedback via Pollfish/Forsta.

Lexis+ AI

Earlier this year, LexisNexis announced Lexis+ AI, a generative AI platform designed to transform legal work. Lexis+ AI is built and trained on the largest global repository of accurate and exclusive legal content, leveraging an extensive collection of documents and records to provide customers with trusted, comprehensive legal results with unmatched speed and precision and backed by verifiable, citable authority.

Commercially available this summer, Lexis+ AI features conversational search, insightful summarization, and intelligent legal drafting capabilities, all supported by state-of-the-art encryption and privacy technology to keep sensitive data secure. Conversational search simplifies the complex and time-consuming legal research journey, providing a search experience for diverse legal questions with citations, facilitating lawyers’ ability to complete research effectively and efficiently. Enhanced summarization provides a custom summary of legal documents to speed up and guide insightful analysis. Generative document drafting guides customers throughout the legal drafting process, generating a first draft of a legal document, and allowing users to change the language and tone from a simple prompt.

At the same time, LexisNexis has announced its AI Insider program, which is open to all legal professionals. The program is designed to support the legal industry with generative AI education and LexisNexis breaking news on the latest AI developments. Insiders can sign up to be among the first to experience Lexis+ AI. To sign up for the Lexis+^®AI Insider program, visit www.lexisnexis.com/ai-insider.

LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias. The company’s commitment to data security and privacy in the legal industry spans more than 50 years. LexisNexis employs over 2,000 technologists, data scientists, and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, accurate information.

For more information on Lexis+ AI, visit www.lexisnexis.com/ai.

To download a copy of the LexisNexis International Legal Generative AI Survey report, visit www.lexisnexis.com/international-gai-survey.

About LexisNexis Legal & Professional
LexisNexis Legal & Professional^{^®} provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis^{^®} and Nexis^{^®} services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

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

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National Advertising Division Recommends T-Mobile Modify or Discontinue Claim About the Ability to Watch Live Major League Baseball Games on MLB.tv

Posted on August 22, 2023 by Operations Team

New York, NY – August 22, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile US, Inc. discontinue the claim that T-Mobile customers who download the T-Mobile Tuesdays App will be able to watch “every regular season [Major League Baseball] game live or on demand,” or modify the claim to make clear which categories of live games are available with the MLB.tv benefit.

In this Fast-Track SWIFT challenge, the claim at issue, which appeared in an instructional YouTube video, was challenged by AT&T Services, Inc. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD.

Although T-Mobile voluntarily modified the challenged claim during the proceeding to say that with the MLB.tv app, T-Mobile customers will be able to “enjoy every 2023 out-of-market, regular season game live or on demand,” a modification that made the claim accurate and not misleading, T-Mobile did not represent that it would permanently modify the claim to include “out-of-market” in any other future executions of the advertising. Therefore, NAD addressed the claim as it was originally challenged.

NAD determined that the challenged claim reasonably conveys a message that T-Mobile customers will be able to watch all regular season games live, whether they are nationally televised games, in-market games, or out-of-market games.

NAD concluded that such a message is not supported because, while all games that have been played already are available for viewing on demand, all games are not available live. NAD also noted that the “blackouts and other restrictions apply” disclosure does not cure the challenged claim as it contradicts the main message that all games are available live.

In its advertiser statement, T-Mobile stated that it “will comply with NAD’s decision” and that it “appreciates NAD’s recognition that the voluntary change it already made to [its] instructional video was sufficient to address AT&T’s alleged concerns.”

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Media Relations
BBB National Programs
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Edvisors’ Announces $2,500 in Student Loan Repayment Relief

Posted on August 17, 2023 by Operations Team

Edvisors, a leading provider of college planning resources, is proud to announce their newest initiative: student loan repayment relief. With more than 40 million federal student loan borrowers preparing for repayment this September, Edvisors is offering the opportunity for one borrower each quarter to win $2,500 in student loan repayment relief.

“It’s no secret that borrowers are dreading the return of federal student loan payments. For a borrower, the average student loan debt is over $35,000, and we understand how difficult it can be for borrowers to manage those monthly payments,” explains Edvisors’ Director of Corporate Communications Elaine Rubin. “Even with a variety of repayment plans to choose from, those monthly payments can have a significant impact on a borrower’s monthly budget. We want to help alleviate some of that stress and we are excited to offer this new opportunity for students and families.”

Edvisors has been helping students through college and beyond for over 20 years. To date they have awarded over $1 million in scholarships to their students.

For entry and official rules please go to: https://www.edvisors.com/repayment-relief/

The repayment relief opportunity is available to legal residents of the fifty states who are at least 18 years or older and have at least $2,500 in student loan debt. One winner will be chosen every quarter.

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.

Contact Information

Name: Elaine Rubin
Email: erubin@edvisors.com
Job Title: Director of Corporate Communications

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Direct Selling Self-Regulatory Council Refers Tori Belle to the Federal Trade Commission for Possible Enforcement Action

Posted on August 16, 2023 by Operations Team

McLean, VA – August 16, 2023 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that Tori Belle Cosmetics discontinue certain earnings claims made by salesforce members on Facebook and YouTube. After a sustained lack of response from Tori Belle, DSSRC has referred direct selling company Tori Belle to the Federal Trade Commission (FTC) for possible enforcement action.

The inquiry into Tori Belle, which markets beauty and cosmetics products, was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in the direct selling industry.

The earnings claims that formed the basis of this inquiry include, but are not limited to:

“Honestly, weather you just want to feed your lash addiction on a discount, want to get a bill paid each month, or are looking for a full-on supplemental or replacement income- it is all do-able!”
“Who wants a free vacation?! I can’t believe this, guys. These magnetic lashes have been flying off the shelves so much that I earned a free trip to an all-inclusive resort in Cancun, Mexico! And in just under 4 months.
“You can supplement your income with just minutes a day work!…I’ve been with the company just under 2 months and I am making money and enjoying my new business”
“financial freedom”
“Are you looking for something to do from home to supplement your income or even to replace lost income”
“Now is a great time to have a second income or to create a full time business.”
Compensation Plan; [05:28] If you were to sell $3,000 worth of product…you would earn $1,200 in commission…the sky’s the limit
“how about we transform you bank account with a second income stream. Join me and let me show you how to have fun while building an empire…Earn Bonus incentives such as bonus pay & travel credits… Let me help you with that car note, mortgage or tuition! It’s your choice. #multiplestreamsofincome”

As stated in DSSRC’s Guidance on Earnings Claims for the Direct Selling Industry, some words and phrases commonly used in earnings claims can carry a particularly high risk of being misleading to consumers. Such words and phrases include claims such as “financial freedom,” “full-time income,” “replacement income,” “residual income,” and “career-level income.” Furthermore, earnings claims must be substantiated and representative of a level of earnings that can be generally expected by salesforce members.

When DSSRC opened its inquiry and informed Tori Belle of its concern that these types of earnings claims can lead a reasonable consumer to conclude that salesforce members can earn significant, career-level, or replacement income from the Tori Belle business opportunity, Tori Belle indicated that the posts in question were more than three years old and that the dates on the social media posts had been altered.

When a direct selling salesforce member has disseminated an unsupported, inaccurate, or deceptive claim, the direct selling company cannot evade responsibility. DSSRC reached out to Tori Belle to discuss the alleged alteration of the social media post dates and let them know that even if the posts are old and the salesforce members responsible for the posts are no longer active with the company, Tori Belle is nonetheless responsible for making a bona fide, good faith effort to have the posts discontinued.

DSSRC received no substantive response from Tori Belle to this and other communications and all 12 of the posts at issue in this case remain available to the public.

DSSRC remains extremely concerned about the unsupported earnings claims and Tori Belle’s failure to demonstrate that it has made any effort to contact the individuals responsible for the posts to have the claims removed or alert the social media platform of the unauthorized representation. As such, and pursuant to DSSRC Policies and Procedures, DSSRC has referred Tori Belle to the FTC for possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.

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

About the Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.

Contact Information

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

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Vesync Voluntarily Discontinues Certain Claims for HEPA Air Purifiers Following National Advertising Division Challenge by Dyson

Posted on August 15, 2023 by Operations Team

New York, NY – August 15, 2023 – Following a BBB National Programs National Advertising Division (NAD) challenge, brought by competitor Dyson, Inc., Vesync Co., Ltd. voluntarily discontinued certain claims for its HEPA air purifiers.

Dyson challenged claims that Vesync’s Levoit EverestAir Smart True HEPA, Core 300, and Core 300S True HEPA air purifiers and their respective replacement filters have passed HEPA standards and argued that such claims conveyed other misleading messages.

In response to the challenge, Vesync asserted its belief in the efficacy of its products and stated that the challenged claims were made based on pre-existing independent third-party data. Vesync informed NAD that it was in the process of updating its testing data, however, and that for reasons unrelated to Dyson’s challenge, it had elected to permanently discontinue the challenged claims. Therefore, NAD did not review the claims on their merits.

In its advertiser statement, Vesync thanked NAD for its attention to the matter and stated that it “does not concede that there was anything misleading about the claims but has decided to voluntarily discontinue the 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.

Contact Information

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

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National Advertising Division Finds One Claim for RevWood Flooring Supported and Recommends Other Claims be Discontinued; Mohawk to Appeal

Posted on August 15, 2023 by Operations Team

New York, NY – August 15, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that the Mohawk Industries Inc.’s “Authentic imprint of Hardwood” claim for its RevWood laminate flooring product line was not misleading. However, NAD recommended that Mohawk discontinue the claims:

“Wood Without Compromise”
“The Perfect Wood for Your Home”

The claims at issue were challenged by the Decorative Hardwoods Association, which represents the hardwood plywood, hardwood veneer, and engineered hardwood flooring industries.

“Authentic Imprint of Hardwood”

NAD concluded that Mohawk’s “Authentic imprint of Hardwood” claim was not misleading because the message conveyed is that RevWood products offer a similar texture to real hardwood. Notably, NAD found that this message is reinforced by images and disclosures appearing near the claim.

“Wood Without Compromise”

NAD found that in the context of Mohawk’s advertising, consumers may take away the misleading message that RevWood is wood flooring from the slogan “Wood Without Compromise.” However, RevWood is a laminate flooring product that mimics the appearance and texture of wood. Further, although some advertising discloses that “RevWood combines the beauty of hardwood with the toughness of laminate,” NAD determined that these disclosures do not prevent the claim from being misleading because they contradict the claim.

For these reasons, NAD recommended that Mohawk discontinue using the slogan “Wood Without Compromise.”

“The Perfect Wood for Your Home”

NAD determined that one message reasonably conveyed by Mohawk’s use of “The Perfect Wood for Your Home” claim in the challenged advertising is that RevWood is wood. NAD noted that disclosures stating that RevWood products are laminates appear on the website in several sections far from the main claim and contradict the main claim. Therefore, NAD recommended Mohawk discontinue the claim to avoid conveying the message that RevWood is wood.

In its advertiser statement, Mohawk stated that it will appeal NAD’s decision regarding “Wood Without Compromise” because it believes “NAD did not give proper weight to the context within which the slogan is used, which prominently identifies the product as laminate wood, or to the substantial care consumers take in purchasing flooring products, both of which dispel any realistic potential for consumer confusion.” Mohawk also believes NAD did not give proper weight to evidence that “the product name is ‘laminate wood flooring’” and that “there is no evidence that even a single consumer has been confused…despite the fact that we have made prominent use of the slogan for more than five years.”

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.

This press release shall not be used for advertising or promotional purposes.

Contact Information

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

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Coca-Cola Appeals National Advertising Division Recommendation to Discontinue or Modify Powerade “50% More Electrolytes” Claims

Posted on August 10, 2023 by Operations Team

New York, NY – August 10, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that The Coca-Cola Company modify or discontinue claims for its Powerade sports drink stating:

“50% more electrolytes* vs the leading sports drink”
“50% more electrolytes vs. Gatorade Thirst Quencher”

The claims at issue, which appear on Powerade packaging, two video commercials, and on Powerade social media pages were challenged by Stokely-Van Camp, manufacturer of Gatorade. Until recently, both Powerade and Gatorade Thirst Quencher had the same electrolyte content. Earlier this year, Coca-Cola introduced a reformulated product with an increased electrolyte load.

Although Powerade contains 50% more potassium and sodium by weight than Gatorade, NAD concluded that Coca-Cola’s “50% more electrolytes” claims overstated the significance of the nutrient difference and that standing alone and in the context of its commercials and social media reasonably conveyed the implied message that Powerade provides better performance and hydration than Gatorade.

Further, NAD determined that Coca-Cola’s social media “Strong Arm” emoji post conveyed an additional message that Powerade helps make you stronger than Gatorade.

These messages were not supported by the evidence in the record, so NAD recommended that Coca-Cola discontinue its “50% more electrolytes” claims or modify them to avoid conveying the message that Powerade provides a material increase in electrolytes or better performance or hydration than Gatorade or that drinking Powerade will make you stronger than drinking Gatorade.

NAD also concluded that Coca-Cola’s “50% more electrolytes” claims did not convey a message that Powerade is healthier than Gatorade.

In its advertiser statement, Coca-Cola stated that it will appeal NAD’s decision in its entirety. Coca-Cola further stated, “while we respect the NAD process and appreciate its efforts to reach a suitable solution, we disagree with its reasoning and analysis, and believe consumers are entitled to accurate information about the ingredients in food and beverages they purchase.”

Appeals of NAD decisions are made to the 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. This release shall not be used for advertising or promotional purposes.

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

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National Advertising Review Board Refers Certain Advertising Claims for Xfinity Mobile to Federal Trade Commission

Posted on August 9, 2023 by Operations Team

New York, NY – August 9, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has referred advertising claims made by Comcast Cable Communications Management, LLC to the Federal Trade Commission (FTC) for review after the company declined to comply with NARB’s recommendations to modify or discontinue certain advertising claims for Xfinity Mobile.

Following NAD’s decision (Case No. 7160), Comcast appealed NAD’s recommendations to modify or discontinue certain challenged advertising claims. The advertising at issue had been challenged by AT&T Services, Inc.

Comcast (under the Xfinity Mobile brand) uses Verizon Wireless’ network to provide cellular service to its mobile customers. Xfinity Mobile customers use voice and data services on their mobile devices through (i) their Xfinity home internet, (ii) millions of public Xfinity WiFi hotspots if the customer is within range, or (iii) the Verizon Wireless cellular network.

The NARB panel affirmed NAD’s decision in its entirety and recommended that Comcast:

Modify its advertising to clearly and conspicuously disclose that its “fastest mobile service” claim is based on combined WiFi and cellular speeds and that the claim is true only within its WiFi footprint or when connected to WiFi;
Discontinue its “most reliable,” “highest ranked,” and “best network” claims for Xfinity Mobile; and
Clearly and conspicuously disclose in its advertising that to be eligible to subscribe to Xfinity Mobile, Xfinity Internet is required.

Finally, the NARB panel concluded that use of a hyperlink on the Xfinity Mobile website to make any of the recommended disclosures would not satisfy the conspicuous standard.

Comcast stated that it “disagrees with NARB’s decision and maintains that each of its claims is truthful and non-misleading.” Further, Comcast stated that “NARB disregarded relevant information and evidence concerning the network reliability Xfinity Mobile customers receive” and “because NARB’s decision would prohibit Comcast from truthfully promoting the network that Xfinity Mobile customers receive, Comcast cannot comply with NARB’s recommendation to discontinue these claims.”

Given Comcast’s decision not to comply with the NARB panel’s recommendations, NARB is referring the advertising to the FTC for possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

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

About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.

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

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National Advertising Review Board Recommends Shark Modify or Discontinue Certain Advertising Claims for Shark Stratos Vacuum

Posted on August 8, 2023 by Operations Team

New York, NY – August 8, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that SharkNinja Operating, LLC modify or discontinue certain advertising claims for its Shark Stratos Powered Lift-Away upright vacuum. The claims relate to its “superior hair pick-up ability and odor neutralizing technology.”

Following an earlier decision by the National Advertising Division (NAD) (Case No. 7151), Shark appealed NAD’s recommendations to modify or discontinue the challenged advertising claims which appear in Shark’s 30-minute infomercial for the Stratos vacuum. The advertising at issue had been challenged by Dyson, Inc., maker of competing vacuum cleaners.

Best Hair Pickup Claims

In agreement with NAD, the NARB panel concluded that Shark’s testing against competitive vacuum cleaners did not support its category superiority claims to have the “best hair pick-up of any vacuum.” Rejecting Shark’s argument that it was reasonable for the advertiser to have limited the testing to upright brands that the advertiser claimed “specialize” in hair pickup, NARB found that the tests were inadequate because they evaluated less than 3% of all upright vacuum cleaner unit sales and also that the test methodology relied on was not acceptable in that it only tested pet hair.

Therefore, the NARB panel recommended Shark modify its advertising to avoid conveying the unsupported messages that the Stratos offers:

“The best hair pickup of any vacuum,”
“The best hair pickup of any upright vacuum in America,” and
“The most hair pickup from floor to dust cup of any vacuum in America.”

Odor Neutralizing Claims

The NARB panel also found that Shark’s infomercial conveys messages that all odors have been eliminated.

The NARB panel determined that the express claim that “Shark solves [the problem of vacuum odor] with a new and unique breakthrough odor neutralizer technology. This technology interacts with odor-causing particles and transforms the bad odors into fresh-smelling air. It’s so powerful, it continues to work month after month after month for long-lasting odor control” is unsupported and recommended that it be discontinued.

Further, the NARB panel agreed with NAD and found the demonstration shown in Shark’s infomercial in which several blindfolded consumers are shown evaluating the odor being emitted by the Stratos and two competitive vacuum models is unsupported.

The NARB panel also concluded that NAD properly recommended that Shark discontinue:

The implied claim that the Stratos reduced odor even when the cleaner head is not attached, and
The statement that the Stratos featured “a new and unique breakthrough odor neutralizer technology.”

Finally, the NARB panel adopted NAD’s recommendations to discontinue the following implied odor reduction messages conveyed in the infomercial:

Most consumers prefer the smell of the Stratos’ exhaust to that of the Bissell Powerforce Helix and the Dyson Ball Animal 2.
Most consumers find the Stratos’ exhaust to be affirmatively pleasant-smelling, whereas the same majority finds the Bissell Powerforce Helix’s and the Dyson Ball Animal 2’s exhausts to be affirmatively unpleasant smelling.
The “smell test” demonstration in Shark’s Stratos infomercial reflects the results of a robust and statistically significant study of representative consumers.
The Stratos’ “odor neutralizer” cartridge captures odor-carrying particles, or otherwise completely removes their offending odors, such that no unpleasant odors or unpleasant-smelling particles will travel farther into the vacuum.
The Stratos’ “odor neutralizer technology” is effective at preventing unpleasant odors from spreading through or escaping the Stratos, regardless of the vacuum’s cleaning mode or configuration, including when the product is used without its cleaner head.

In the alternative, the NARB panel recommended that Shark modify the claims to reflect the supported message that the Shark Stratos’ odor neutralization technology reduces malodor.

Shark stated that it “is a strong supporter of voluntary industry self-regulation and agrees to comply with NARB’s Recommendations.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

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

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