Category: Reportedtimes

New York, NY – July 24, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Olé Mexican Foods, Inc. provided a reasonable basis for total carbohydrate amounts, some net carbohydrate amounts, and carb effective calculations advertised on its product packaging and website for its La Banderita and Xtreme Wellness tortillas.

 

However, NAD recommended that Olé discontinue:

• Any claims that its products have “0 net carbs per serving,” are “keto net zero” and any effective carb count calculations that indicate 0 net carbohydrates per serving for any products that have more than .5 grams of net carbs; and
• The “Carb Lean” claim found on the product labeling and website for the La Banderita Carb Counter product and certain Xtreme Wellness products.

 

The claims at issue were challenged by Gruma Corporation. Both Gruma and Olé manufacture and sell “low” or “no” net carbohydrate products.

Total Carbohydrate Claims

NAD noted that the Federal Drug Administration (FDA) recognizes the variability in natural ingredients in the packaged food industry that leads to variations in nutritional content and makes allowances for the discrepancies that may result. Therefore, the FDA allows for a 20% variance from the amount of total carbohydrates declared on the label.

NAD determined that while the testing provided by Olé shows that the total carbohydrate amount differs from that advertised on the product packaging, these differences fall within the range FDA deems reasonable.

Accordingly, NAD found that the total carbohydrate amounts advertised on the product packaging and website for La Banderita and Xtreme Wellness tortillas are supported because they are within the variation allowed within the industry.

Net Carbohydrate Claims

Gruma also challenged Olé’s net carbohydrate claims including the express “net carbs per serving” declaration on the front and back of each tortilla’s packaging and the “effective carb count per tortilla” calculation on the back of each product’s packaging.

Considering the variation in nutritional makeup inherent in ingredients and the fact that the FDA and packaged food industry accept and acknowledge these variations, NAD found that Olé provided a reasonable basis for its net carbohydrate declarations and carb effective calculations on certain La Banderita and Xtreme Wellness tortilla packaging.

Regarding the claims on Olé’s La Banderita Carb Counter Street Taco tortilla packaging that it has “0 net carbs per serving” and is “keto net zero,” NAD determined that consumers would reasonably expect that “0 net carb” claims mean that the product has less than .5 grams of net carbs. Therefore, NAD recommended that Olé discontinue any claims that its products have “0 net carbs per serving,” are “keto net zero,” and any effective carb count calculations that indicate 0 net carbohydrates per serving for any products that have more than .5 grams of net carbs.

Carb Lean Claim

NAD concluded that the term “Carb Lean” in the context of tortilla packaging reasonably conveys the message that the product is either low in total carbohydrates or low in net carbohydrates. In the absence of any explanation about how the carbohydrate numbers in Olé’s testing substantiate these claims, NAD recommended Olé discontinue the “Carb Lean” claim on certain product packaging and on the website.

In its advertiser statement, Olé stated that it will “discontinue use of ‘carb lean’ claims” despite its disagreement with NAD’s conclusion, and that it will “comply with NAD’s recommendation concerning making ‘zero net carb’ claims where it possesses substantiation consistent with FDA’s rounding rules.”

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.

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.

• Six eateries receive one MICHELIN Star for first time
• Inspectors award four new Green Stars, bringing state total to 15
• 87 total restaurants earn MICHELIN Stars – six with three Stars
• Selection comprises 614 restaurants and 61 types of cuisine

 

OAKLAND, Calif., July 18, 2023 — The 2023 edition of the MICHELIN Guide California touts six new one-MICHELIN-Star establishments and four new Green Star restaurants.

Aphotic and Heritage each were awarded one MICHELIN Star, plus a Green Star. Providence returns as a two-MICHELIN-Star restaurant in 2023, but now with the Green Star added to its accolades. Pomet received a MICHELIN Green Star as a Recommended restaurant. California now has 15 of the 17 Green-Starred restaurants in North America.

“California is spectacular year-round, but we are thrilled to announce the 2023 edition in the summertime,” said Gwendal Poullennec, the International Director of the MICHELIN Guides. “This year we welcome six newcomers to the family of MICHELIN-Starred restaurants. These are truly world-class establishments serving outstanding cuisine.

“In addition, our inspectors found four restaurant teams worthy of the MICHELIN Green Star. In California, gourmets and travelers can find sustainable and inspiring cuisine by land or by sea, showcasing the best of what lands and seasons can offer. These establishments – and the Golden State as a whole – are truly role models of environmentally conscious gastronomy.”

Here are the new one-MICHELIN-Star restaurants, with inspector notes from each (inspectors’ comments in full on the MICHELIN Guide website and mobile app):

 

One MICHELIN Star

Aphotic (San Francisco; Seafood)

Aptly named after the ocean’s sunless depths, this vast, tenebrous space is leagues away from the mundane, offering a rarefied pescatarian tasting menu that abounds with personality. Chef Peter Hemsley takes full advantage of California’s coastal bounty, sourcing exceptional seafood from small sustainable purveyors and utilizing techniques like dry aging and fermentation to maximum effect.

Auro (Calistoga; Contemporary cuisine)    

Soak up the bucolic splendor of Napa’s northern reaches at the Four Seasons resort, the ideal setting for this au courant embodiment of classic Wine Country fine dining. Thanks to skills honed in some of the Bay Area’s most notable kitchens, Chef Rogelio Garcia displays a distinctly Californian perspective, using precise technique in order to highlight exceptional ingredients — most of which are sourced locally, including from on-site gardens.

Chez Noir (Carmel-By-The-Sea; Contemporary cuisine)

If Chef Jonny and his wife, Monique Black (who oversees the service team), make you feel as if you’re being invited into their own home, well, that’s because the second floor of this Craftsman-style residence is their home. The two have an abundance of fine dining bona fides, but here they aim for a more approachable feel. The cooking draws upon French bistro fare and showcases the bounty of the California coast, with seafood, like spot-on sea bass and swoon-worthy abalone, making a big impression.

Heritage (Long Beach; Californian cuisine)           

Set in a converted Craftsman in the historic Rose Park neighborhood, this inviting locale is removed from the hustle and bustle of Long Beach. Brother-and-sister duo Philip and Lauren Pretty run the kitchen and front of house, respectively, curating an experience that’s relaxed, but gets the details just right. On offer is a single multicourse tasting (priced quite reasonably) that highlights top-notch ingredients, including produce sourced from their nearby farm.

Nari (San Francisco; Thai cuisine)

This sleek retreat located within Hotel Kabuki delivers a one-two punch with a dramatic setting and accomplished cooking. Chef Pim Techamuanvivit’s personality and laser-focused palate come through in dishes that utilize fantastic Californian ingredients through a distinct, contemporary Thai lens. Dishes are family style, albeit with a touch of refinement. Intensely aromatic curries achieve a marvelous complexity, as in a brick red bumbai curry with crispy fried eggplant, served with an ethereally flaky roti bread.

Valle (Oceanside; Mexican cuisine)

Celebrated chef Roberto Alcocer brings his refined, modern expression of Mexican cuisine stateside at this elegant space in the Mission Pacific Hotel, overlooking the scenic Oceanside Pier. Diners can make selections from a four-course prix fixe, or leave things entirely in the kitchen’s hands for an eight-course tasting. Dishes strike a winning balance between tradition with creativity, as in a tetela made with heirloom corn masa and hoja santa, filled with juicy chanterelle mushrooms and creamy goat cheese, and paired with a complex salsa of morita chiles — at once earthy and bright.

 

MICHELIN Green Star

Aphotic (San Francisco; Seafood)    

Chef’s vision: Our core objective is to know and source directly from fishermen and aquaculture partners. We personally drive the fish in from satellite ports all around the Bay Area and fly fresh seafood in from trusted partners in San Diego.

Heritage (Long Beach; Californian cuisine)           

Chefs’ vision: We grow our own produce at our farm; as well as source from local farmers markets; we work with local partners including a bakery and a seamstress for staff aprons. Our meat and seafood are all sustainably sourced from California.

Pomet (Oakland; Californian cuisine)          

Chef’s vision: The team here unites the owner of a family-owned farm K & J Orchards and Chef Alan Hsu; we work with regenerative ranchers for our beef, lamb, pork, chicken; wood pruned from the farms or retired trees are used in our wood fire oven.

Providence (Los Angeles; Seafood) 

Chef’s vision: Providence showcases a true and unwavering commitment to all aspects of sustainability in every shape and way possible. Pushing the boundaries of sustainable seafood practices by committing to only use wild-caught, sustainable products, growing an on-site rooftop garden, and a zero-waste bean-to-dessert chocolate program.

Bib Gourmand

The MICHELIN Guide inspectors added 10 restaurants to the Bib Gourmand list, which recognizes eateries for great food at a great value: Bansang, Bombera, Carnes Asadas Pancho Lopez, Cobi’s, Eat Joy Food, Mabel’s Gone Fishing, Maligne, Petiscos, Snail Bar and Villa’s Tacos.

Special Awards

In addition to the Bib Gourmands and Stars, the Guide announced four special awards:

The MICHELIN Guide Ceremony is presented with the support of Capital One. Transportation provided by Lucid Motors.

Hotels

The California restaurant selection joins the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in California and around the world.

Every hotel in the Guide is chosen for its extraordinary style, service, and personality — with options for all budgets — and each hotel can be booked directly through the MICHELIN Guide website and app. The selection for California features the state’s most spectacular hotels, including sustainability pioneers like Napa’s Carneros Resort and the Ranch at Laguna Beach, standouts from our “Plus” collection like the Madrona in Healdsburg and the Aster in Los Angeles, beachfront bohemia like Surfrider Malibu and Cambria Beach Lodge, desert oases like Holiday House Palm Springs, and even The Charlie, a collection of English-style bungalows in L.A. that was once owned by Charlie Chaplin.

The MICHELIN Guide is a benchmark in gastronomy. Now it’s setting a new standard for hotels. Visit the MICHELIN Guide website, or download the free app for iOS and Android, to discover every restaurant in the selection and book an unforgettable hotel.

The 2023 MICHELIN Guide California selection:

California’s 2023 MICHELIN-Starred restaurants

California’s 2023 MICHELIN-Green-Starred restaurants

California’s 2023 Bib Gourmand restaurants

 

About Michelin North America, Inc.

Michelin, the leading mobility company, is working with tires, around tires and beyond tires to enable Motion for Life. Dedicated to enhancing its clients’ mobility and sustainability, Michelin designs and distributes the most suitable tires, services and solutions for its customers’ needs. Michelin provides digital services, maps and guides to help enrich travel and make them unique experiences. Bringing its expertise to new markets, the company is investing in high-technology materials, 3D printing and hydrogen, to serve a wide variety of industries — from aerospace to biotech. Headquartered in Greenville, South Carolina, Michelin North America has approximately 23,000 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

About Capital One
At Capital One we’re on a mission for our customers – bringing them best-in-class products, rewards, service, and experiences. Capital One is a diversified bank that offers products and services to individuals, small businesses and commercial clients. We use technology, innovation, and interaction to provide consumers with products and services to meet their needs. Through Capital One Dining and Capital One Entertainment, we provide our rewards cardholders with access to unforgettable experiences in the areas they’re passionate about, including dining, music and sports. Learn more at capitalone.com/dining and capitalone.com/entertainment.

For more information, contact:

Andrew Festa
Michelin North America
andrew.festa@michelin.com

Devon Gunn
Capital One
devon.gunn@capitalone.com
Phone: 571-308-4762

McLean, VA – July 11, 2023 – BBB National Programs’ Digital Advertising Accountability Program (DAAP) worked with women’s fashion retailer Venus Fashion, Inc. to bring its website into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles.

DAA’s Self-Regulatory Principles cover entities engaged in interest-based advertising (IBA) across websites or mobile apps. Any operator of a website (a first party) that allows unaffiliated entities (third parties) to collect visitors’ web browsing data for IBA must provide visitors with notice and enhanced notice as prescribed in the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).

Based on a consumer complaint, DAAP opened an investigation into Venus’ alleged noncompliance with the Transparency Principle of the OBA Principles. Upon reviewing Venus’ website, DAAP observed third-party data collection for IBA without proper enhanced notice and access to Venus’ IBA disclosure and opt-out choices.

In response to DAAP’s inquiry, Venus conducted a review of its compliance protocols and made significant changes to its privacy practices to bring the Venus website into compliance with the DAA Principles. Those changes include:

 

• The addition of a prominent and easily accessible link titled “My Privacy and Ad Choices” to all webpages where third-party trackers are deployed (in this case, the website’s global footer) linking users to Venus’ IBA disclosure, and
• A newly edited IBA disclosure titled “Third-Party Automated Collection and Interest-Based Advertising,” which includes a comprehensive description of Venus’ third-party IBA practices, a link to IBA opt-out tools, and a statement of adherence to the DAA Principles.

 

In its advertiser statement, Venus stated “VENUS Fashion, Inc. (“VENUS”) is proud to participate in the Digital Advertising Alliance’s self-regulatory DAA Accountability Program.  VENUS welcomed the opportunity to review its privacy policies and practices with the DAAP and is confident that, by voluntarily implementing the recommended changes, the company is demonstrating its ongoing commitment to consumer privacy and choice.”

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.

 

Atlantaphotos.com

 

• Atlanta becomes ninth MICHELIN Guide destination in North America
• MICHELIN Guide inspectors are already in the field, finding culinary gems

 

ATLANTA, July 11, 2023 — The MICHELIN Guide has landed in the Peach State, as Michelin and Atlanta Convention & Visitors Bureau (ACVB) today unveiled the Michelin Guide Atlanta.

Food and travel enthusiasts have a lot to explore in Atlanta: the heart of the South. It’s a culturally diverse city, which makes for a vibrant culinary scene. Atlanta boasts everything from fine dining experiences to creative takes on Southern staples to local favorites.

The first MICHELIN Guide Atlanta selection will be revealed in the fall, and it will feature world-class restaurants in the metro Atlanta area.

The famously anonymous MICHELIN Guide inspectors award the iconic MICHELIN Stars – one, two or three – to unparalleled cuisine. The Guide is also renowned for its Bib Gourmand selection, highlighting restaurants that offer great quality food at good prices. The MICHELIN Green Star is given to restaurants that are leaders in sustainable gastronomy. Recommended restaurants and special professional awards are also highlighted by the inspectors.

“We want to recognize that Atlanta is a culinary powerhouse, with a long list of styles and flavors for foodies to enjoy. One might immediately associate the city with Southern cuisine, and rightfully so, but there is much depth here that should not go overlooked,” said Gwendal Poullennec, International Director of the MICHELIN Guides. “Atlanta is brimming with innovation and talent, which is evident in the dining scene, according to our anonymous inspectors.”

The MICHELIN Guide’s famously anonymous inspectors are already in the field, making dining reservations secretively and paying for all their meals to ensure they are treated the same as any other customer.

“Atlanta’s culinary scene is rich in diversity and constantly evolving but has long been one of the most underappreciated assets in our city,” said William Pate, president and CEO of ACVB. “We are proud of the recognition the MICHELIN Guide will bring to our destination as it highlights our local chefs and cuisine.”

The MICHELIN Guide is constantly observing the evolution of culinary destinations around the world. Michelin works with Destination Marketing Organizations, or tourism boards, to promote the travel industry in the respective locations; however, the MICHELIN Guide selections process remains completely independent. While selections remain fully independently determined by anonymous inspectors, the MICHELIN Guide is working with ACVB on marketing and promotion activities only.

The 2023 Atlanta restaurant selection will join the MICHELIN Guide selection of hotels later this year and will feature the most unique and exciting places to stay in Atlanta and around the world. The selection features over 6,000 hotels in more than 130 countries, with options for all budgets. Each hotel has been chosen by MICHELIN Guide experts for its extraordinary style, service, and personality — and each can be booked directly on the MICHELIN Guide website and app.

History and methodology
The upcoming Atlanta restaurant selection will follow Michelin’s historical methodology, based on five universal criteria, to ensure each destination’s selection equity: 1) quality products; 2) the harmony of flavors; 3) the mastery of cooking techniques; 4) the voice and personality of the chef as reflected in the cuisine; 5) consistency between each visit and throughout the menu (each restaurant is inspected several times a year).

The MICHELIN Guide remains a reliable companion for any traveler seeking a great meal. The Guide was first published in France at the turn of the 20th century to encourage tire sales by giving practical advice to French motorists. Michelin’s inspectors still use the same criteria and manner of selection that were used by inspectors in the very beginning, now applied in destinations around the world.

Michelin published its first North American Guide in 2005 for New York. Guides have since been added in Washington, D.C.; Chicago; California; Miami/Orlando/Tampa, Florida; Colorado; Toronto; and Vancouver.

About MICHELIN North America, Inc.
MICHELIN, the leading mobility company, is working with tires, around tires and beyond tires to enable Motion for Life. Dedicated to enhancing its clients’ mobility and sustainability, MICHELIN designs and distributes the most suitable tires, services and solutions for its customers’ needs. MICHELIN provides digital services, maps and guides to help enrich travel and make them unique experiences. Bringing its expertise to new markets, the company is investing in high-technology materials, 3D printing and hydrogen, to serve a wide variety of industries — from aerospace to biotech. Headquartered in Greenville, South Carolina, MICHELIN North America has approximately 23,000 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

About Atlanta Convention & Visitors Bureau

Established in 1913, Atlanta Convention & Visitors Bureau (ACVB) is the official destination marketing organization for the city and serves to favorably impact Atlanta’s economy through conventions and tourism. Visit discoveratlanta.com and @discoveratlanta on social media for more information.

For more information, contact:

Andrew Festa

MICHELIN North America – External Communications

andrew.festa@michelin.com

Heather Kirksey

Atlanta Convention & Visitors Bureau – Director of Public Relations

hkirksey@discoveratlanta.com

NEW ORLEANS, La. (July 10, 2022) — J Collection Hotels and Development is committed to preserving the historic French Quarter icon hotels of New Orleans. The Chateau Hotel, French Quarter Courtyard Hotel and Suites, Hotel Royal, and Le Richelieu Hotel are tranquil architectural gems steeped with New Orleans history and provide exploration gateways for guests from all over the world.

For decades, the J Collection Hotels’ has prioritized the authenticity of these historic properties while offering guests memorable French Quarter experiences. The Chateau Hotel, French Quarter Courtyard Hotel and Suites, Hotel Royal, and Le Richelieu Hotel have become synonymous with elegance, luxury, and old-world charm.

The Chateau Hotel is a breathtaking landmark that exudes sophistication. With its distinctive French architecture and antique furnishings, guests are transported back in time to experience the grandeur of the past while enjoying modern comforts. Its prime location on Chartres Street provides guests with easy access to the energy and cultural attractions of the French Quarter.

French Quarter Courtyard Hotel and Suites is an oasis nestled on North Rampart Street within walking distance of the bustling streets of the French Quarter. Its beautifully landscaped courtyard and refreshing swimming pools offer guests a retreat amidst the lively city. The hotel’s spacious suites provide a comfortable and inviting atmosphere, making it an ideal choice for leisure and business travelers.

Hotel Royal, situated on Royal Street, is a true embodiment of New Orleans’ spirit, with its facade adorned with intricate ironwork balconies showcasing the city’s architectural beauty. The hotel boasts tastefully decorated rooms and suites that marry historic charm with modern amenities.

Le Richelieu Hotel stands on Chartres Street as a testament to timeless elegance and warm hospitality. The boutique hotel offers guests a quintessential French Quarter experience with an inviting courtyard, balconies, and classic Southern charm. Le Richelieu provides a peaceful and intimate setting for guests to unwind and immerse themselves in New Orleans.

“We are incredibly proud to celebrate the historic French Quarter icon hotels that are a part of the J Collection family of hotels,” says Mark Wilson, marketing director of J Collection Hotels and Development. “These properties have witnessed the evolution of New Orleans and have become landmarks in their own right. We are dedicated to preserving their rich history and offering our guests an authentic and unforgettable experience.”

About J Collection

The J Collection represents 17 unique, locally owned and operated hotels with more than 2,050 rooms in New Orleans and Southeast Region. Each property has a distinctive style and personality, offering an authentic experience steeped in rich culture and charm. The collection is comprised of: The Jung Hotel & Residences, Hotel Mazarin; Hotel Le Marais, Dauphine Orleans; Le Richelieu, Melrose Mansion, Audubon Cottages, Maison Dupuy Hotel, Historic Streetcar Inn, Chateau Hotel, Hotel Royal, French Quarter Suites, New Orleans Courtyard Hotel, the New Orleans Airport Hotel, Nottoway Plantation, Dunleith Historic Inn in Natchez, MS, and Sheraton Refuge Resort and Conference Center in Flowood, MS. For more information, visit www.jcollectionhotels.com.

Media Contact:

POLA Marketing
(504) 233-6889
hello@polamarketing.com

J Collection Contact:

Mark S. Wilson
(504) 503-1455
mark.wilson@jcollectionhotels.com

New York, NY – July 5, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that Tiburon Insurance Services modify or discontinue certain savings and benefits claims for The Medicare Helpline, the company’s Medicare Advantage offering.

 

Through its routine monitoring program, NAD challenged claims regarding Medicare Advantage plans offered by Tiburon to consumers, with claims including:

• “Save up to $1748 per year.”
• “Save more than $1000 per year.”
• “No Co-Pays. No Deductibles. No Monthly Premiums.”

 

Tiburon, operating under The Medicare Helpline, offers Medicare Advantage plans to consumers, which are private insurance plans offered by Medicare-approved private companies. Although Medicare Advantage plans may offer greater benefits than Medicare, consumers may also be subjected to greater restrictions, such as limitations on in-network healthcare providers and cost variations. Participants in Medicare Advantage programs may or may not save money depending on their personal needs and selected plan.

No Fees Claims

The challenged commercials generally promised various savings and additional benefits such as free hearing aids, eyeglasses, prescription delivery, gym memberships, rides to medical appointments, and more, all without additional cost. For example, one commercial states, “You could be eligible for a Medicare Advantage Plan with no co-pays, no deductibles, and no monthly premiums. That’s no, as in zero!” However, several long disclaimers in tiny print reveal that there may be significant limitations, that projected savings may not be realized, that there are required co-payments, and that other restrictions may apply.

NAD found that the challenged commercials convey an unqualified message that consumers would receive savings and benefits without material limitations. Further, NAD noted that the numerous written disclosures contain important, material information. However, the disclosures were illegible because they were compressed within a large block of text in tiny font.

In addition, NAD concluded that while the main claim boldly states that there are no copayments, no premiums, and no deductibles, the disclosure states exactly the opposite. It is well-established that a disclosure cannot contradict the main message of a claim.

 

For these reasons, NAD recommended that Tiburon:

• Discontinue the claim that there are no copayments, premiums, and deductibles as well as the claim that consumers could obtain benefits and savings without material limitations or restrictions;
• Or in the alternative, modify the claim to clearly and conspicuously disclose within the body of the main claim itself that only some consumers may be eligible for a plan without copayments, premiums, and deductibles and many of the benefits are subject to material limitations and restrictions.

 

Savings Claim

Based on the evidence in the record, NAD concluded that Tiburon cannot support the “save up to $1748 per year” or “you may be eligible to save over $1748 per year” claims and recommended that they be discontinued.

Official Helpline Claim

NAD considered whether consumers could mistake Tiburon to be the official government helpline for Medicare despite small print disclosures stating that The Medicare Helpline is “A non-government website powered by Tiburon” and that “The Medicare Helpline is not affiliated with or acting on behalf of any government agency or program.”

NAD determined that various elements of the commercial contribute to the misleading message that may be conveyed by the name “Medicare Helpline.” Because these elements reasonably convey the message that Tiburon is an official government entity and the disclosures are ineffective, NAD recommended that Tiburon clearly and conspicuously disclose that it is not affiliated with an official government entity and discontinue any context that conveys the message that it is a government entity.

Sales Agent Claim

The voiceover in the commercials encourage consumers to call The Medicare Helpline to discuss Medicare Advantage eligibility. NAD found this language communicated that consumers will be able to speak to a helpline representative about Medicare Advantage. However, a disclosure informs consumers that in lieu of a licensed insurance agent answering, the call may be “sold” to another insurance agent who may not offer Medicare Advantage at all.

Because this disclosure contradicts the main claim, NAD recommended that Tiburon modify its advertising to avoid conveying a misleading message about the calls to its sales agents.

NAD noted that during the proceeding, Tiburon voluntarily agreed to permanently discontinue the “Save more than $1,000 per year” claim. Therefore, this claim was not reviewed on the merits.

In its advertiser statement, Tiburon stated that it “supports the NAD regulatory process and will voluntarily comply with NAD’s recommendation.”

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

This shall not be used for advertising or promotional purposes.

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

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