New York, NY – March 14, 2023 – Following a Fast-Track SWIFT challenge brought by competitor Charter Communications, Inc., Frontier Communications Parent, Inc. voluntarily discontinued its “Whole Home Wi-Fi Guarantee” claim that appeared in various media, including television commercials, radio advertisements, and digital advertising.
Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to the National Advertising Division (NAD) of BBB National Programs.
The challenged claim was a feature of a temporary promotional product and pricing offer for Frontier internet service that ran in Frontier markets from August 2022 through January 2023. The “Whole Home Wi-Fi Guarantee” included professional installation of a router and up to two extenders in a customer’s home without limitation as to the home’s size or construction.
In response to the challenge, Frontier maintained that the challenged claim was substantiated but informed NAD that it had voluntarily and permanently ceased use of the challenged claim at the end of the promotional period. Therefore, NAD did not review the claim on its merits.
In its advertiser statement, Frontier thanked NAD for its time and attention to this matter.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Division Finds Certain Frontier Fiber Internet Services Claims Supported; Recommends Others be Modified or Discontinued
New York, NY – March 13, 2023 – Acting on a challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) of BBB National Programs determined that certain claims made by Frontier Communications Parent, Inc. for its Frontier Fiber internet services were supported. However, NAD recommended that other claims be modified or discontinued.
Frontier subscribers receive either DSL-based internet through copper phone wires or fiber-to-the-home internet through optical fiber lines. The Frontier internet service available to most potential Frontier subscribers in its 25-state service area is provided over Frontier’s legacy DSL-based network infrastructure, however Frontier has been expanding its fiberoptic network and making its fiber internet service available to a growing number of potential subscribers.
Fiber Availability Claims
NAD determined that the Frontier Fiber advertisements reasonably convey a message of availability to their audience. At issue for NAD in the Charter challenge was whether this message was supported and whether any limitations on availability were adequately disclosed.
NAD found the claim “Fiber is Here,” in the context of the print mailer in which it appeared, was supported because Frontier’s direct mail advertising is targeted to consumers at physical addresses that Frontier has established can receive Frontier Fiber internet service.
However, where Frontier’s advertising was directed to consumers for whom Frontier Fiber service may not be available, NAD recommended that Frontier modify:
- Its targeted Frontier Fiber online banner advertisements delivered to IP addresses in which Frontier Fiber is more available than unavailable to clearly and conspicuously inform consumers to check availability or otherwise disclose that fiber service may not be available.
- The Frontier Fiber billboard advertisements and television commercials placed in designated marketing areas where Frontier Fiber is more available than unavailable to avoid conveying a message that Frontier’s fiber internet service is available to all consumers to whom the advertisements are directed.
- The Frontier Fiber webpages to disclose clearly and conspicuously the limited availability of Frontier Fiber to avoid conveying a message that Frontier’s fiber internet service is widely available in areas in which it is not.
100% Fiber Claim
NAD has established that product claims made in the context of general brand references without clear identification of the object of the claim may convey a message about all the products in a line. Advertisers must therefore ensure that the object of any product claim is clear to avoid conveying a broader message than intended.
In the Charter challenge, NAD considered whether the challenged Frontier Fiber claims reasonably convey a message that all Frontier internet service offerings and networks are fiber.
NAD found that the challenged claim “Better. Faster. 100% Fiber. With Fiber 2 Gig internet. . . . Frontier” in the context of a Fiber 2 Gig advertisement was supported and that a Fiber 2 Gig advertisement and certain Fiber Gig webpages did not imply that all Frontier internet services or networks are fiber or that fiber internet is the only kind of internet service that Frontier offers.
Further, NAD determined that the challenged claims “Fiber is Finally Here,” “Fiber is Here,” “Fiber Speeds are Waiting…” and “Fiber is in Reach,” in the context of the online banner, billboard, and print mail advertisements in which they appeared did not convey the message that all Frontier internet service offerings and networks are fiber.
However, NAD determined that consumers may reasonably take away a message from certain other challenged advertisements that all Frontier internet services or networks are fiber. Because this message is not supported, NAD recommended that Frontier:
- Discontinue the “100% fiberoptic internet” claim as it appears in the context of a Frontier Fiber commercial or modify the commercial to avoid conveying a message that all Frontier internet services or networks are fiber.
- Modify a Frontier Fiber webpage to avoid conveying a message that all Frontier internet services or networks are fiber.
- Discontinue the claims “Better. Faster. 100% Fiber. Frontier” and “100% fiberoptic network” as they appear in a 100% Billboard Ad and a Frontier Fiber commercial, respectively, or modify the advertisements to avoid conveying a message that all Frontier internet services or networks are fiber.
“Before and After” Commercials
Charter challenged claims about cable internet’s reliability that it asserted were conveyed in a pair of Frontier television commercials depicting a family or couple before and after obtaining Frontier Fiber internet service.
NAD determined that the commercials reasonably convey a comparative message that Frontier’s fiber internet service is more reliable than cable internet service, which is unreliable, and subject to frequent outages.
Because NAD concluded that Frontier’s support was not a good fit to substantiate this message, NAD recommended that the commercials be discontinued or modified to avoid conveying that Frontier’s fiber internet service is more reliable than cable internet service and that cable internet service is unreliable and subject to frequent outages.
Upload Speed Claim
NAD found that the monadic claim “Fast upload speeds are important for things like video chatting and gaming,” on its own, was supported.
99.9999% Reliability Claim
Frontier provided no evidence to support its claim that Frontier Fiber has “99.9999% network reliability.” Therefore, NAD recommended that the claim be discontinued.
In its advertiser statement, Frontier stated that it “agrees to comply with the NAD’s recommendations” although it “does not agree with all aspects of the NAD’s decision.” The advertiser further noted that it “intends to continue to target its Frontier Fiber advertising to markets in which Frontier Fiber is available and will take NAD’s recommendations and industry practice into account in future advertising.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Review Board Recommends SharkNinja Discontinue or Modify Certain Claims for Shark Air Purifiers
New York, NY – March 8, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, recommended that SharkNinja Operating LLC:
- Discontinue claims that its Shark Air Purifier 6 meets or exceeds HEPA standards;
- Discontinue the claim that its air purifiers perform better than other HEPA-labeled air purifiers; and
- Modify its “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim.
The advertising at issue had been challenged before the National Advertising Division (NAD) by Dyson, Inc. Following NAD’s decision (Case No. 7096), SharkNinja appealed NAD’s findings and recommendations adverse to it.
At issue in the proceeding were advertising claims for two types of units sold by the advertiser, the Shark Air Purifier 4 and the Shark Air Purifier 6. Each of these purifiers is advertised as containing a HEPA (high-efficiency particulate air) filter.
HEPA Claims
In the underlying decision, NAD concluded that, based on Dyson’s rebuttal testing of off-the-shelf filters for the Air Purifier 6, SharkNinja’s production-line testing was insufficient to support its claims that the Shark Air Purifier 6 meets or exceeds HEPA standards. To be considered HEPA-rated, a filter must be able to remove at least 99.97% of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3 microns.
In agreement with NAD, the NARB panel concluded that Dyson’s testing on three filters raised sufficient issues as to require SharkNinja to have conducted its own testing of filters purchased at retail to properly support HEPA claims for its model 6 filter.
Comparative Claim
In the underlying decision, NAD found that one message conveyed by SharkNinja’s claim that its filters are “True HEPA” whereas other “HEPA-labeled air purifiers can emit up to 10x more particles back into the air” and “can leave behind smoke, carbon dust, virus carriers, and mold” is that its purifiers are superior to other HEPA-labeled filters in the market. SharkNinja, however, only submitted testing comparing its product against one leading brand. In the absence of support for this message, NAD recommended that the claim be discontinued.
The NARB panel affirmed NAD’s conclusions, finding that the challenged claim could be interpreted by reasonable consumers as communicating that many, if not most, competitive air purifiers making HEPA claims do not in fact deliver HEPA performance.
Clean Air 100% Claim
In agreement with NAD, the NARB panel concluded that SharkNinja advertising with the “Clean Air 100%” product display misleads reasonable consumers by communicating that use of the SharkNinja air purifiers will remove all impurities from the air. Accordingly, the NARB panel recommended that SharkNinja modify the “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim (e.g., that 100% means that it has met EPA air quality standards).
SharkNinja stated that although it “respectfully disagrees with certain findings by the NARB Panel, it is a strong supporter of voluntary self-regulation and will comply with Panel’s recommendations.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact:
Abby Hills, Director of Communications, BBB National Programs
703-247-9330 / press@bbbnp.org
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
British Council’s Schools Now! conference 2023 gathers over 2,000+ delegates from 30 countries across the world to explore the future of international education
Dubai, UAE: The British Council held its annual Schools Now! conference, in Dubai on 1 and 2 March 2023, which brought together over 2,000 education leaders and professionals from British Council’s Partner Schools around the world, to discuss the latest innovations in teaching and learning across international education.
Schools Now! 2023, themed ‘Transforming Schools: Leadership at all levels’, explored effective leadership across school communities through keynote presentations, panel discussions and workshops. Delegates learned about the importance of developing student leaders, as well as professional pathways to leadership.
Douglas Woods, Global Head of Education Services, British Council, spoke of promoting leadership at all levels in schools to enable an inclusive culture, that nurtures talents and distributes leadership effectively across staff. Through this approach a safe and enriching environment is enabled where students will have the confidence to step up and develop their own leadership skills that will support them in schools and throughout their lives. He also touched upon how effective leadership is more important for schools than at any time in the past as we emerge from the pandemic.
Sir Mark Grundy, CEO of Shireland Collegiate Academy Trust, who delivered the first keynote, explored the topic of retaining our best staff and achieve the highest and most specific levels of achievement for our young people. Professor Eman Gaad, Dean of the Faculty of Education and a Professor of Special and Inclusive Education, British University in Dubai (BUiD) spoke about the perceptions of educational leadership for inclusivity. Other keynotes focused on developing 21st century student leaders and leadership development at multiple levels in the school community.
Simon Higgins, Global Head of School Exams, British Council said, ‘We were delighted to host our eighth annual flagship event Schools Now! global conference in Dubai. This year’s theme, ‘Leadership at all levels’ helped school leaders to reflect on the challenges they continue to face daily in a post pandemic world, and also explored ways to develop leadership throughout their school to better support staff, students, and the wider community.’
Mark Walker, Director English & Exams, British Council highlighted the importance of bringing together education leaders from around the world to share ideas, best practices, and perspectives, ‘At the British Council, we are passionate about changing lives. We work hand-in-hand with individuals to help them gain the skills, confidence, and connections they need to transform their lives and shape a better world. From learning English to gaining internationally recognized qualifications, we are dedicated to helping our partners build networks, explore creative ideas, and access high-quality education.’
Globally, British Council Partner Schools work with more than 2,000 schools, support over 100,000 teachers and touch the lives of about one million students. With attendees from the Americas, Europe Sub-Saharan Africa, Middle East & North Africa, South Asia and East Asia, the truly global event helps to support the mission of the British Council in building connections, understanding and trust through education.
For media enquiries, please contact:
Anna Koniuhova
Senior Communications Manager
MENA at Anna.Koniuhova@britishcouncil.org
About the British Council
The British Council is the UK’s international organisation for cultural relations and educational opportunities. We support peace and prosperity by building connections, understanding and trust between people in the UK and countries worldwide. We work with people in over 200 countries and territories and are on the ground in more than 100 countries. In 2020–21 we connected with 67 million people directly and with 745 million people overall.
For more information, please visit: www.britishcouncil.org . You can also keep in touch with the British Council through http://twitter.com/britishcouncil and http://blog.britishcouncil.org/.
CounselLink Introduces Contract Lifecycle Management and Enhanced Work Intake Features to its Leading Enterprise Legal Management Solution
New capabilities deliver seamless connected workflows, improved collaboration and data-driven insights, enabling corporate legal departments to be more strategic, efficient and cost-effective
Raleigh, NC, March 1, 2023 – LexisNexis® CounselLink® today announced it has added new Contract Lifecycle Management (CLM) capabilities and an enhanced work intake system into its cloud-based Enterprise Legal Management (ELM) solution. The new capabilities will enable corporate law departments to better optimize and prioritize legal requests, collaborate with internal and external stakeholders, streamline the entire contracts process, and enhance strategic resource planning and decision-making – all from one centralized platform.
Designed specifically for corporate legal departments, CounselLink CLM enables customers to expedite authoring, streamline negotiation and analyze executed contracts. Building upon LexisNexis’ acquisition of Parley Pro, CounselLink’s CLM has real-time collaboration, workflow automation, and integrated data streams that improve contracting efficiency, save time and money, and deliver actionable analytics. Its centralized platform makes it easy to search, share, view and edit documents and contracts while improving security and regulatory compliance. With these updates, corporate legal professionals have greater visibility, enabling them to efficiently manage their department’s legal operations from one application with a single sign-on.
“For many legal departments, managing contracts means spending countless hours switching between CLM and ELM applications to manage resources and workloads, or manually compiling and analyzing contracts data to gain the insights they need to make decisions and run efficient legal operations,” said Aaron Pierce, CounselLink’s Vice President of Product Management. “The addition of CounselLink CLM provides a comprehensive, transparent platform for managing the entire contracts process while helping legal departments control costs, maximize productivity and deliver better outcomes.”
“Our acquisition of Parley Pro and ongoing integration of its CLM capabilities into CounselLink have laid the foundation for an entirely new legal solutions ecosystem aimed at improving the knowledge, capabilities and performance of corporate legal professionals,” said Sean Fitzpatrick, CEO of LexisNexis North America, UK and Ireland. “CounselLink’s integrated approach to CLM and ELM demonstrates our vision and commitment to creating a ‘connected world’ for corporate legal, delivering significant workflow and cost efficiencies and impactful insights through the thoughtful application of our data, content, and technology.”
In addition, CounselLink’s enhanced work intake system provides a central location for legal departments to collect, organize, manage, track progress, audit, and report on internal and external work requests – including contracts – from inception to completion. The accompanying Intake Analytics Dashboard gives corporate legal leaders a holistic view of department workload, requests, and resources, enabling them to make more informed business and legal decisions – such as whether to use outside counsel or escalate a request to a matter. The automated system is fully configurable based on request type, required tasks or other criteria, and gives users the tools they need to collaborate, request information and documents, and ensure task completion.
“The ever-increasing volume of legal requests, and evolving types of requests coming from both internal and external sources, underscores the need for a robust system to help corporate legal departments support their organization’s legal needs and demonstrate their value as a business partner,” said Pierce. “CounselLink’s enhanced work intake system gives legal departments unprecedented visibility and control of this critical process while streamlining workflows for more efficient operations. With these new features, CounselLink becomes the ultimate legal productivity solution for corporate legal departments.”
CounselLink’s advanced legal work management capabilities – including rich collaboration, effective workflow management and automation tools, and robust analytics and reporting capabilities optimize corporate legal operations and provide data-driven insights that can save organizations an average of 8-10% on legal costs each year. For more information, please visit www.counsellink.com.
About CounselLink
LexisNexis® CounselLink® is the leading enterprise legal management solution designed to help corporate legal departments gain 100% visibility into their work, matters, and invoices. CounselLink delivers Work Management, Financial Management, and Vendor Management solutions in one easy-to-use, cloud-based platform for controlling costs, maximizing productivity, and making better decisions — all supported by powerful analytics that provides you with data to demonstrate your department’s value. For nearly 30 years, LexisNexis has been providing innovative solutions for corporate legal departments crafted from the insights of thought leaders, industry expertise, and customer feedback. Discover more about CounselLink online at www.counsellink.com.
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 10,500 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
Media Contacts
Jessi Adler
Director of Client Services
Plat4orm PR
517-230-9923
National Advertising Division Recommends that Verizon Modify Disclosures in Connection with Pricing Claim of “$25 a Line Guaranteed for Three Years”
New York, NY – February 28, 2023 – In a Fast-Track SWIFT challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Verizon Communications, Inc. modify disclosures used in connection with its claim that consumers who switch to Verizon will get service “for just $25 a line guaranteed for three years.”
Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to NAD.
AT&T challenged a pricing claim made by Verizon in a television commercial featuring actress Cecily Strong and actor Paul Giamatti, who portrays Albert Einstein. The commercial promotes Verizon’s “Welcome Unlimited” plan where consumers who switch to Verizon can get service “for just $25 a line guaranteed for three years.”
In this challenge, NAD considered whether the challenged Verizon television commercial accurately and effectively conveyed the message that the “guaranteed” monthly $25 per line price is exclusive of taxes and fees.
NAD noted that in advertising the price of a product or service, the total price the consumer will pay is material to the purchasing decision, especially in advertisements for monthly services. As a result, it is material that the advertised price of $25 per line excludes taxes and fees and this material limitation on the advertised prices must be clearly and conspicuously disclosed.
To inform consumers of the material limitation of the price guarantee (it excludes taxes and fees), NAD recommended that Verizon modify its disclosures to make them clear and conspicuous and easy for consumers to notice, read, and understand:
- For example, the advertiser should keep the taxes and fees disclosure on screen at all times the actors are discussing the offer and separate it from the long block text disclosure at the bottom of the screen.
- Additionally, the fee disclosure should be incorporated in the main claim or in similar size text and font in close proximity to the main claim or disclosed in the audio.
NAD determined that the AT&T challenge was appropriate for Fast-Track SWIFT as NAD’s review did not require the review of complex evidence or substantiation related to the advertiser’s pricing claim.
In its advertiser statement, Verizon stated that it will comply with NAD’s recommendation that it make its disclosure even more proximate to the claim even though reasonable consumers understand taxes and fees are separate from the advertised rate and two disclosures appeared on screen twice.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Division Recommends Pier 1 Imports Clearly and Conspicuously Disclose Material Terms of Pier 1 Rewards Membership
New York, NY – February 27, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that Pier 1 Imports Online, Inc., a global importer of decorative home furnishings and gifts that owns and operates the e-commerce website www.pier1.com, clearly and conspicuously disclose the material terms of the Pier 1 Rewards customer loyalty program at the time a consumer adds an item to their cart.
Pier 1 offers Pier 1 Rewards, a subscription-based customer loyalty program for $9.99 that is available to US residents only. The Pier 1 Rewards provides a 10 percent discount on purchases with free shipping included billed on a monthly or annual basis.
When a consumer added an item to their cart, Pier 1 Rewards was automatically added to their cart as a pre-checked button that appeared immediately next to the Pier 1 Rewards logo. The price of the product with the 10 percent discount appeared below the item. Details about the Pier 1 Rewards membership program appeared below the pre-checked box. A consumer had to affirmatively uncheck the pre-checked button to remove the Pier 1 Rewards membership that was added to the cart and not incur the additional membership fee.
Through its routine monitoring program, NAD challenged the accuracy of a listed product price where the advertiser automatically added a Pier 1 Rewards Membership of $9.99/month to the customer’s purchase at checkout. At issue for NAD was whether advertising a reduced price for a product is misleading if it reflects a 10 percent discount that was only available with a subscription to Pier 1 Rewards and whether the material terms and conditions of the Pier 1 Rewards subscription were clearly and conspicuously disclosed before the consumer made a purchase decision.
NAD found that one of the material terms of the rewards program – namely, the autorenewal nature of the Pier 1 Rewards subscription and how to cancel it – was not displayed when the consumer saw the discounted price in their cart.
NAD noted that adding an item to a shopping cart without the consumer affirmatively consenting to purchase the item can be problematic particularly where, as here, the material terms related to the purchase of the item (autorenewal membership and cancelation) were not disclosed when the item was added to the cart.
For these reasons, NAD recommended that Pier 1 clearly and conspicuously disclose the material terms of Pier 1 Rewards at the time the item is added to a cart.
In its advertiser statement, Pier 1 stated that it “agrees to comply with NAD’s recommendation” although it “respectfully disagrees with NAD’s analysis and conclusion” regarding its discount price advertising. The advertiser further stated that “for reasons independent of NAD’s inquiry, Pier 1, even prior to receiving NAD’s decision, modified its advertising in ways that effectively address NAD’s concerns.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Azienda tecnologica di Chicago annuncia il lancio di un’app per l’automazione dell’importazione di prodotti alimentari negli USA
Chicago, Illinois: RudiCoder LLC, azienda di logistica per l’e-commerce di Chicago, è lieta di annunciare il lancio di PriorNotify, la prima applicazione basata sul cloud per l’automazione della procedura di notifica di preavviso, chiamata “Prior Notice”, che è richiesta dalla Food and Drug Administration (FDA) americana per la vendita e la spedizione di generi alimentari e bevande a clienti negli Stati Uniti.
“PriorNotify è rivoluzionaria”, ha dichiarato Holly Urban, AD e co-fondatrice di RudiCoder. “Chi vende cibi e bevande non americani a clienti negli USA, sa quant’è complesso e quanto tempo richieda espletare la procedura obbligatoria di Prior Notice della FDA. Grazie a PriorNotify di RudiCoder, la procedura viene semplificata e automatizzata, permettendo di completare l’operazione in pochi secondi”, ha spiegato Urban.
PriorNotify è stata progettata per i produttori di generi alimentari e bevande, ma anche per i rivenditori, i distributori, gli spedizionieri e chiunque fornisca servizi di evasione ordini e trasporto. Le aziende internazionali potranno ora vendere e inviare con estrema facilità prodotti alimentari a rivenditori, distributori e consumatori negli Stati Uniti.
PriorNotify offre un’integrazione perfetta con Shopify, WordPress (WooCommerce), Magento e altre diffuse piattaforme di e-commerce, generando automaticamente le notifiche di Prior Notice richieste dalla Food and Drug Administration non appena il prodotto viene acquistato.
L’app funziona inoltre in modo molto semplice con qualsiasi sistema di gestione degli ordini, oltre che con marketplace online come Amazon. Le informazioni relative agli ordini possono essere facilmente caricate al suo interno, permettendo ai rivenditori di grossi volumi di operare in modo rapido ed efficiente.
PriorNotify è stata progettata per l’e-commerce e permette a produttori internazionali, aziende di trasporto e spedizione, dropshipper e altri esercenti di collaborare in modo efficace.
Ad esempio, i produttori di alimenti e bevande possono ottenere automaticamente le Prior Notice per la FDA non appena i prodotti vengono acquistati dalle aziende che rivendono i loro prodotti. Similmente, PriorNotify permette ai dropshipper di inviare notifiche automatiche ai produttori, fornendo le Prior Notice non appena i prodotti vengono acquistati. PriorNotify permette anche alle aziende di trasporto e spedizione di ottenere automaticamente le Prior Notice per la FDA non appena i prodotti vengono acquistati dai loro clienti.
Inoltre, PriorNotify permette di creare in tutta semplicità delle fatture commerciali. Infine, tutte le pagine dell’app PriorNotify possono venire tradotte automaticamente in decine di lingue diverse.
“PriorNotify permette alle aziende di aumentare progressivamente le loro offerte di prodotti, ampliare le loro vendite e la base dei loro clienti negli Stati Uniti, riducendo considerevolmente le spese generali del processo”, ha aggiunto Urban.
Il prezzo proposto è molto competitivo, con sconti che permettono di arrivare fino a soli 0,10 $ per Prior Notice, senza tariffe di attivazione, minimi forfettari mensili, costi di utilizzo per utente e addebiti extra per assortimenti predefiniti di prodotti. Sono inoltre disponibili versioni di prova gratuite di PriorNotify.
RudiCoder LLC è un’azienda di automazione dell’e-commerce specializzata nel settore alimentare e delle bevande, con sede a Chicago, Illinois, negli Stati Uniti. Per ulteriori informazioni su RudiCoder, visitare RudiCoder.com e, per saperne di più su PriorNotify, visitare PriorNotify.com.
Contact Information
Name: Holly Urban
Email: hurban@incubatorllc.com
Job Title: CEO
Verizon Appeals National Advertising Division Recommendation to Discontinue “You Need a Better Network” Claim for its Wireless Service
New York, NY – February 22, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Verizon Communications, Inc. discontinue the claim “you need a better network,” as well as several implied claims, used in connection with its wireless service.
The challenged claims appear in a thirty-second holiday-themed commercial promoting Verizon’s wireless network and includes well-known actors Paul Giamatti, as the Dickens character Scrooge, and Cecily Strong. In the commercial Giamatti as Scrooge holds up his mobile phone, scowls, and complains that he can “barely get reception…” In response, Strong recommends that he “need[s] a better network. Tis the season to switch to Verizon.”
At issue for NAD was whether the claim “You need a better network” in the context of the commercial conveys an objective claim that requires substantiation or whether it falls into the realm of puffery. NAD found that although the commercial includes elements that are fanciful, it also conveys an objective comparative superiority message that Verizon’s network is better than its competitors, which requires substantiation. Because there was no support for this claim, NAD recommended that it be discontinued.
Further, NAD determined that use of the term “better” in the context of the commercial is expressly comparative because it links “better” to the specific performance attribute of cell phone reception.
In the absence of support for Verizon’s claim that it offers better reception than its competitors, NAD recommended Verizon modify the advertising to avoid conveying the implied messages that Verizon provides customers with superior reception, that Verizon has a “better network” than its competitors, and that Verizon offers superior reception due to its “better network”.
In its advertiser statement, Verizon stated that it “will appeal NAD’s decision in its entirety” based on its belief that the “challenged claim does not reference AT&T or any other carriers and was nothing more than a playful, spendthrift-themed vignette that builds up to Verizon’s ‘Free 5G Phone’ offer.”
Appeals of NAD decisions are made to BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Division Recommends Oral Essentials Discontinue Certain Comparative Claims for Lumineux Whitening Strips and Pen
New York, NY – February 16, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that Oral Essentials, Inc. discontinue claims that its Lumineux Whitening Strips and Pen are “clinically proven to whiten teeth as well as the leading brand” and that it does so “without the harm associated with bleaches.” NAD was acting on a challenge brought by the Procter & Gamble Company (P&G).
Both parties market and sell teeth whitening strips and pens: Oral Essentials under its Lumineux brand and P&G under its Crest and ARC brands. P&G’s challenge focused on Lumineux marketing, which sought to highlight a key point of differentiation between the whitening products – that P&G’s products use hydrogen peroxide as the tooth bleaching agent, whereas Oral Essentials’ products do not.
Whitening Claim
NAD found that the claim that the Lumineux product is “clinically proven to whiten teeth as well as the leading brand” conveys the comparative message that Lumineux whitening strips whiten teeth as well as Crest Whitestrips, and that the Lumineux whitening pen whitens teeth as well as the leading whitening pen brand, and that this parity of product efficacy is clinically proven.
NAD noted that Oral Essentials has made substantial investments in over 60 clinical and laboratory studies in support of its products, and after reviewing the evidence NAD concluded that the clinically proven claim was not substantiated and recommended that it be discontinued.
NAD noted that nothing in its decision precludes Oral Essentials from making monadic claims about the teeth whitening efficacy of Lumineux whitening strips and pens for which it has adequate support.
Harm Claim
Though an advertiser has a right to make truthful and accurate advertising claims that may be at the expense of its competitors, such claims must be accurate and narrowly drawn. This obligation is especially important for claims that a competitor’s product causes harm, since “harm” has a powerful effect on consumers.
NAD determined that the claim that Lumineux products whiten teeth as well as the leading brand but “without the harm associated with bleaches” reasonably conveys:
- The message that tooth sensitivity that can be experienced with peroxide-based tooth whiteners and that tooth sensitivity, as a harm, is an unsafe or damaging condition; and
- A stronger message that Lumineux whitening strips and pens are safer than other teeth whitening products because they do not damage tooth enamel (and that whitening products that use peroxide bleaching agents, such as Crest Whitestrips, do).
NAD determined that Oral Essentials did not provide a reasonable basis of support for either of these messages conveyed by the challenged claim and recommended that they be discontinued.
NAD noted that nothing in its decision precludes Oral Essentials from making claims about tooth sensitivity or gum irritation for which it has adequate support.
In its advertiser statement, Oral Essentials stated that although it “respectfully disagrees with NAD’s decision . . . as a strong supporter of the self-regulatory process, Oral Essentials, Inc. will modify its advertising in accordance with NAD’s recommendations.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications