Category: Reportedtimes

New York, NY – April 3, 2024 – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that Charter Communications, Inc. modify certain claims for its Spectrum Business Wireless Internet Backup service.

At issue for the National Advertising Division (NAD) was whether the challenged claims, which appeared in a one-minute commercial for Charter’s Spectrum Business, convey a misleading message about the performance and availability of Spectrum’s Business Wireless Internet Backup service.

Backup internet service provides a level of connectivity (approximately 8 hours for up to four devices) and is “reliable” in that it can provide connectivity in an emergency. The service, however, functions as a backup service that does not run indefinitely on all connected devices with the same speeds as regular service.

NAD determined that one reasonable takeaway from Charter’s commercial is that Spectrum Business Wireless Internet Backup service does not simply provide some continuation of service in the event of a power outage but provides the same level of service in a power outage so the business will “never miss a beat.” Further, although NAD concluded that the onscreen disclosure is not sufficiently prominent, it also noted that even a more prominent disclosure of the specific limitations of the backup service may be ineffective in a context that claims, “complete connectivity and reliability” and emphasizes “you never miss a beat.” 

Accordingly, to avoid conveying the implied message that Spectrum Business Wireless Internet Backup subscribers’ internet connection will not degrade or slow down during power outages, NAD recommended that Charter modify the claims:

• Provides “Complete Connectivity & Reliability,”
• Maintains the same level of connectivity and reliability during a power outage as during normal operating wired conditions, and
• Is “Made to keep you online even when the power’s off, with the complete connectivity and reliability you get from wireless internet backup.”

In its advertiser statement, Charter stated that it “will comply with NAD’s recommendations with respect to the challenged commercial” although it “disagrees with NAD’s conclusions.” 

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

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

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

Contact Information:

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

New York, NY – April 2, 2024 – In a Fast-Track SWIFT challenge brought by Riviana Foods, Inc., BBB National Programs’ National Advertising Division recommended that Planting Hope Brands, LLC discontinue use of the registered trademark symbol ® in its advertising for RIGHTRICE.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). Riviana argued that Planting Hope’s use of the registered trademark ® symbol on the product label and advertising for RIGHTRICE is misleading.

RIGHTRICE was developed in 2017 by Betterer Foods, Inc. as a low-carb, high protein alternative to traditional rice with a low glycemic index. Planting Hope acquired the RIGHTRICE brand in 2022, and an assignment of the trademark registration from Betterer Foods to Planting Hope was recorded with the United States Patent and Trademark Office (USPTO) in January 2022. The RIGHTRICE trademark registration was subsequently cancelled by the USPTO by default judgment, effective January 2024. At the present time, Planting Hope’s motion to set aside this default judgment remains pending with the Trademark Trial and Appeals Board (TTAB).

Since it is not currently known whether Planting Hope’s trademark registration for RIGHTRICE will be reinstated, NAD recommended it discontinue use of the registered trademark symbol in its advertising for RIGHTRICE unless there is a final determination reinstating the RIGHTRICE trademark on the federal register by the USPTO, TTAB, or other tribunal with appropriate jurisdiction.

In its advertiser statement, Planting Hope stated that while it disagrees with the decision “given the rather unique facts involved in this case,” it “will comply with NAD’s decision and related 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. This press release shall not be used for advertising or promotional purposes.

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

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

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

New York, NY – April 1, 2024 – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division determined that Cox Communications Inc. provided a reasonable basis for the claim that Cox Mobile provides “Unbeatable 5G Reliability” as well as other express claims about its host network and implied claims about third-party testing of Cox Mobile.

The challenged “Unbeatable 5G Reliability” claims appeared in a 30-second television commercial and on the Cox Mobile website with a disclosure noting that “Cox Mobile runs on the network with unbeatable 5G reliability as measured by Ookla, LLC in the U.S., 1H 2023.”

In support of its “Unbeatable 5G Reliability” claims, Cox relied on RootMetrics’ Nationwide 5G testing, which assessed the performance of the three major carriers, AT&T, T-Mobile, and Verizon. Cox further relied on the additional testing conducted by RootMetrics in October 2023, which tested devices used by Cox Mobile customers. Cox also provided head-to-head 5G reliability testing of the MVNO, Cox Mobile, and its host network, Verizon.

After reviewing the evidence, the National Advertising Division (NAD) determined that Cox Mobile established a reasonable basis to support the claims:

• “Cox Mobile runs on the network with unbeatable 5G reliability”
• “We run on the network with unbeatable 5G reliability”
• “Cox Mobile runs on the network with unbeatable 5G reliability as measured by Ookla, LLC in the U.S.”

NAD further determined that the implied claim that Ookla, LLC has conducted testing of 5G reliability for Cox Mobile customers was supported.

In its advertiser statement, Cox stated that it “appreciates NAD’s recognition that its unbeatable 5G reliability claim is fully supported.”

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

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

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

In a new report, “Who is Leading the Qi Standard Patent Race” LexisNexis reveals the most promising innovators in the growing wireless charging market

NEW YORK, March 27, 2024 – Wireless charging, using Qi standard technology, is moving well beyond cell phones into industries as diverse as automotive, healthcare, and hospitality. With over 9,000 Qi-compliant products on the market and 1 billion sold in 2023, Qi has become a crucial technology for enabling wireless power transfer between devices without cables or connectors.

LexisNexis^® Legal & Professional, a leading global provider of information and analytics, today released a new report, “Who Leads the Qi Wireless Charging Patent Race?” that analyzes the patent landscape around the Qi wireless charging standard.

The widespread adoption of Qi makes it a lucrative market for owners of standard essential patents (SEPs), which any implementer of the Qi standard must license.

In January 2020, Via Licensing Alliance, a patent pool administrator, announced a license for patents essential to the Qi standard, providing a comprehensive access point for wireless charging and power transfer. Since then, Via LA has attracted many of the largest Qi SEP owners and has published a list of more than 470 Qi standard essential patent documents on its website. Under the patent pool license contract, these SEP owners commit to license all SEPs for an aggregated pool rate between $0.20 to $0.85 per Qi standard-compliant product (receivers and transmitters).

Since not all holders of Qi-relevant patents are patent pool members, the total royalty market is estimated to be roughly one billion dollars.

The report reveals that only around 26-36% of all Qi-related patents are publicly disclosed to be standard essential through the Via Licensing Alliance Qi standard patent pool.

Exploring the Qi-related patent landscape using LexisNexis^® IPlytics^™ and the LexisNexis^® PatentSight+^™ patent analytics platform, including machine learning-based LexisNexis^® Classification, the LexisNexis^® Intellectual Property Solutions experts identified more than 3,500 worldwide active and granted patent families relevant to Qi as of January 2024. Applying the LexisNexis Ultimate Owner concept, which assigns every patent to its highest controlling legal entity, to this broader set, Samsung, Apple, Canon, LG Electronics, Panasonic, Philips, LG Innotek, and Qualcomm lead in terms of the number of patent families related to Qi wireless charging. The study also considered the quality of these patent portfolios leveraging the Patent Asset Index metric, also featured in PatentSight+^™.

Top patent owners ranked by the quantity of Qi-related patent families

As Qi adoption rapidly grows, patent holders are poised to accelerate their monetization efforts through licensing deals. Manufacturers implementing Qi must prepare for negotiations by benchmarking patent holders’ relative strength.

“With the release of Qi 2.0 November last year, we now anticipate the usage of wireless charging expanding significantly,” said Tim Pohlmann, CEO and founder of LexisNexis^® IPlytics^™. “With so much at stake, licensors and licensees must not forego a detailed understanding of the Qi patent landscape through analytics to negotiate royalties effectively.”

The full report provides further details on the Qi patent landscape, the top 30 leading owners ranked by quantity and strength of their Qi-related portfolio, future considerations, and insights into unlocking value in the Qi marketplace. It is available for download at: https://www.lexisnexisip.com/Qi-Patents

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 11,800 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

About LexisNexis^® Intellectual Property Solutions 

LexisNexis^® Intellectual Property Solutions bring clarity to innovation for businesses worldwide. We enable innovators to accomplish more by helping them make informed decisions, be more productive, comply with regulations, and ultimately achieve competitive advantage for their business. Our broad suite of workflow and analytics solutions (LexisNexis^® PatentSight+^™, LexisNexis^® Cipher^™, LexisNexis^® IPlytics^™, LexisNexis PatentOptimizer^®, LexisNexis PatentAdvisor^®, and LexisNexis TotalPatent One^®, LexisNexis^® IP DataDirect), enables companies to be more efficient and effective at bringing meaningful innovations to our world. We are proud to directly support and serve these innovators in their endeavors to better humankind.

Media Contact:
Holger Zimmer
Global Director Strategic Communications and Partnerships
Holger.Zimmer@LexisNexis.com
+49 151 176 636 75

New York, NY – March 26, 2024 – BBB National Programs’ National Advertising Division, as part of its routine monitoring program, recommended that Naked & Thriving Inc. discontinue certain claims in the Bare Beauty Babes blog and on social media.

The Bare Beauty Babes blog and an Instagram post contained an article authored by dermatologist Dr. Gabriela Vee – “Does Hyaluronic Acid Help to Fight Signs of Aging? I’ve Tested Hundreds of Hyaluronic Acid Serums – Here are 5 That Actually Work” – with the claim “Peter Thomas Roth Drench Hyaluronic Cloud Serum – This product has a very high amount of hyaluronic acid [75%] in addition to silk proteins, zinc, copper, manganese, iron, and silicon to increase moisture levels and soften skin.”

The Bare Beauty Babes blog is owned and sponsored by Naked & Thriving, a family-owned skincare company. Naked & Thriving works with an agency that runs the Bare Beauty Babes blog.

The National Advertising Division (NAD) recommended that Naked & Thriving discontinue the challenged expert endorsements and that it ensure that expert endorsers have the required expertise and have evaluated the products based on their expertise.

In so finding, NAD noted that:

• There was no evidence in the record related to the qualifications or expertise of the endorser, Dr. Vee;
• The record was silent as to the criteria used to rate or rank the products in the category and whether the endorser reviewed and ranked all products in the category (the posts claim that “dozens” or “hundreds” of products were tested); and
• The advertiser did not provide support that Dr. Vee exercised the expertise of a dermatologist in evaluating the products.

NAD further recommended that Naked & Thriving’s endorsers disclose their connection to the Naked & Thriving brand when that connection is not reasonably communicated by the context of the post.

During the inquiry, Naked & Thriving voluntarily modified the Bare Beauty Babes website to include the connection to Naked & Thriving by adding a disclosure on the top of the website. Also, the website no longer promotes or recommends products, but covers healthy living, beauty, and self-care topics. NAD appreciated the changes and will treat those modifications, for compliance purposes, as though NAD recommended the modifications and the advertiser agreed to comply.

In its advertiser statement, Naked & Thriving stated that it “agrees to comply with NAD’s recommendations” although it “disagrees with certain aspects of NAD’s decision.”

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

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

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

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

New York, NY – March 21, 2024 – Following a challenge brought by BBB National Programs’ National Advertising Division as part of its routine monitoring program, NourishMax discontinued certain advertising claims used to promote its NourishMax Diamond Infused Eye Cream.

The National Advertising Division (NAD) challenged the claims:

• “After researching and testing hundreds of eye cream products, we kept coming back to NourishMax Diamond Infused Eye Cream. This top pick features a comprehensive list of hard-hitting ingredients that target every eye concern, from dark circles, fine lines, wrinkles, and puffiness to telltale signs of aging like crow’s feet.”
  • Overall Rating (4.9)
  • Quality Rating: 10/10
  • Expert Rating: 9.9/10
  • Users Rating: 9.8/10

NAD also challenged the implied claim that the Skincarebrandsreviews webpage featuring these claims reflects independent, honest opinions of the reviewers.

NourishMax informed NAD that it permanently discontinued the challenged claims and that the Skincarebrandsreviews webpage would be taken down. Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

NAD appreciated NourishMax’s action given concerns about review websites that appear to be independent but are, in fact, controlled by advertisers and thereby constitute advertising.

NourishMax declined to provide an advertiser’s statement given the case disposition.

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

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

About the National Advertising Division: BBB National Programs’ 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. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

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