New York, NY – January 22, 2024 – In a challenge brought by Bayer Consumer Health, BBB National Programs’ National Advertising Division recommended that Focus Consumer Healthcare discontinue certain claims for its Pamprin Botanicals dietary supplement for premenstrual syndrome (PMS) symptom relief, including:
- All “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat and moodiness” and help consumers “experience a better period” claims; and
- Express and implied ingredient claims for ashwagandha, magnesium, vitamin B6, turmeric, and chasteberry.
The National Advertising Division (NAD) also recommended that Focus modify several express and implied claims that Pamprin Botanicals is natural. Regarding the name Pamprin Botanicals as well as Pamprin Botanicals’ “tried and trusted” claim, NAD concluded that no modification was necessary.
“Clinically Tested” and Other Health-Related Claims
In support of its “clinically tested” and health-related product performance claims, the advertiser relied on results of a clinical study using Pamprin over the counter (OTC) products and Pamprin Botanicals to reduce the severity of common menstrual cycle symptoms.
The National Advertising Division (NAD) determined the study had several significant flaws, which rendered it insufficiently reliable to provide a reasonable basis for Pamprin Botanical’s establishment and health-related claims.
Therefore, NAD recommended that Focus discontinue all “clinically tested,” “scientifically tested,” “mood support,” “calm PMS symptoms,” “ease cramps, bloat, and moodiness,” and help consumers “experience a better period” claims.
Ingredient Claims
Bayer challenged five claims found on Pamprin Botanicals’ product packaging, website, and in Amazon tile advertising that call out specific ingredients and their consumer benefits.
The National Advertising Division (NAD) found the studies submitted by Focus in support of these claims was not a good fit. Therefore, NAD recommended that Focus discontinue:
- “Ashwagandha – a calming influence” as well as the implied claim that the ashwagandha in Pamprin Botanicals reduces PMS-related mood swings.
- “Magnesium – period pain, nope” and that Magnesium “works on period pain” as well as the implied claim that magnesium in Pamprin Botanicals reduces pain associated with PMS.
- “Vitamin B6 – pms less, chill more” as well as the implied claim that the vitamin B6 in Pamprin Botanicals reduces all PMS symptoms, including mood swings.
- “Turmeric – cramp pain & puff” and “helps cramps and puffiness” as well as the implied claim that the turmeric in Pamprin Botanicals reduces PMS-related pain and bloating.
- “Chasteberry – for a better period” claims as well as the implied claim that the chasteberry in Pamprin Botanicals reduces PMS symptoms.
“Natural” and Related Claims
The National Advertising Division (NAD) determined one message reasonably conveyed by Focus’ “naturally good-for-you ingredients” claim is that the listed ingredients are natural. In the absence of evidence supporting this message, NAD recommended Focus modify its advertising to remove the claim and avoid conveying the message that Pamprin Botanicals’ active ingredients are all-natural.
NAD concluded that the name Pamprin Botanicals did not require modification given the lack of evidence of consumer confusion and NAD’s conclusion that “botanical” is not an expressly false claim.
NAD found that one message reasonably conveyed by an Amazon product tile stating “all the good stuff, none of the bad” and touting six attributes of Pamprin Botanicals (i.e. “gluten-free”) is that these attributes are the “good stuff” and any products that are not free of these attributes are “bad” or unhealthy. NAD recommended that Focus modify the claim to avoid conveying the message that competing products include ingredients that are unsafe or unhealthy.
“Tried and Trusted”
The National Advertising Division (NAD) determined that, in context, the “tried and trusted” claim which appeared on the Amazon product tile refers to Pamprin’s history and that no modification was necessary.
Claims Pamprin’s Products Work Together
The National Advertising Division (NAD) determined that the message reasonably conveyed by the Amazon product description and tiles is that Pamprin Botanicals and Pamprin OTC products work together to provide superior relief for PMS symptoms. Since NAD found that the study did not meet the standard for competent and reliable scientific evidence, it concluded that Focus did not provide reliable substantiation for this implied claim. Therefore, NAD recommended that Focus modify its advertising to avoid conveying such a message.
In its advertiser statement, Focus stated that it will appeal NAD’s decision because it believes that is “incorrectly based on a rigid substantiation standard applicable to prescription drugs . . . that is not and has never been the standard for dietary supplement claims.”
Appeals of NAD decisions are made to the National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
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
Just Released: Enterval Analytics, LLC© Private Student Loan Report Highlights Stable Repayment Trends and Increased Originations
January 16, 2024 – Enterval Analytics, LLC, a leading student loan analytics company, has released the 21st edition of the semiannual Private Student Loan Report (“Report”). The latest edition provides key insights into the private student loan market and represents data contributed by fourteen private lenders, who collectively account for roughly 66% of outstanding private student loans in the United States.
Private student loan originations by Report contributors in academic year 2022-23 increased 6.70% YOY, to $10.03B. For the latest reported performance data, as of the third quarter of 2023, the annualized gross charge-off rate is 2.71% of loan in repayment and forbearance utilization remained low at 1.35%. Early-stage delinquencies, rose slightly to 3.21%, while late-stage delinquencies sit at 1.47%.
“The private student loan market continued to perform well as students and families prepared to resume their federal student loan payments in the fourth quarter,” said John Falb, CEO of Enterval Analytics. “The slight uptick in early-stage delinquencies was not unexpected given the broader macroeconomic environment. It is encouraging that those numbers remain low, charge offs are holding steady, and forbearance is being used judiciously. As always, we will keep an eye on borrower performance.”
In addition to being fully underwritten to assess creditworthiness and ability to repay, private student loans made by Report contributors are also school-certified, and 93% of undergraduate loans are cosigned. The total outstanding balance for private student loans represented in the Report was $130.28 billion, with 74.32% of loans in repayment status as of Q3 2023. Based on the latest available federal student loan data, approximately 7.52% of total student loans outstanding as of Q3 2023 are private student loans. Undergraduate loans accounted for 89.12% and graduate loans 10.88% of the outstanding private student loan balances held by Report contributors.
The bi-annual Report includes continuous contributions from the five largest student loan lenders and holders: Citizens Bank, N.A., Discover Bank, Navient, PNC Bank, N.A., and Sallie Mae Bank. In addition, the report includes data from nine other student lender contributors. In total, these contributors represent the vast majority of in-school originations and a majority of the private student loans outstanding in the U.S.
The full Private Student Loan Report is available for download at https://www.enterval.com/#reports
About Enterval Analytics, LLC.
Enterval Analytics was formed to provide industry leading research, tools, and insights for the private student loan market. Previously, the private student loan report was published by MeasureOne. In 2021, Enterval acquired certain reporting assets of MeasureOne and has assumed the lead in creating this report.
Enterval has a dedicated team of seasoned professionals, with specialized experience in data analysis, finance, student loan portfolio management, higher education policy, public and government relations—Enterval is uniquely positioned to deliver reporting and software tool solutions focused on the higher education space. For more information about Enterval, visit www.enterval.com.
Contact Information
Name: Elaine Rubin
Email: info@enterval.com
Job Title: Director of Corporate Communications
National Advertising Division Recommends SharkNinja Discontinue or Modify Claim that Shark is “America’s #1 Floorcare Brand”
New York, NY – January 11, 2024 – In a Fast-Track SWIFT challenge brought by Bissell Homecare, Inc., BBB National Programs’ National Advertising Division recommended that SharkNinja Operating LLC discontinue the claim that it is “America’s #1 Floorcare Brand” or modify the claim to state, as part of the main claim, that it is the #1 brand in dollar sales.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).
The challenged claim that Shark is “America’s #1 Floorcare Brand” appeared in an infomercial promoting the Shark CarpetXpert, an upright deep cleaner (UDC), and is accompanied by a disclosure reading “Source: The NPD Group/Retail Tracking Service, brand level U.S. dollar sales, 12 ME December 2022 (Floorcare is defined as Full Size Vacuums, Hand/Stick Vacuums, Specialty Cleaning, Non-Electric Carpet Sweepers).”
NAD considered whether Shark’s reliance on overall dollar sales versus overall unit sales was appropriate support for the challenged claim.
NAD noted the data shows that when consumers chose a floorcare product, more chose a Bissell over a Shark product (2022 year end) and Shark sold four million (or over 30%) fewer units than Bissell in the relevant category. NAD determined that in this context, with a wide disparity in unit sales in the floorcare category, consumers would reasonably expect that the “#1 brand” is the #1 brand in popularity even if there is another leader in dollar sales.
Therefore, NAD determined that the “America’s #1 Floorcare Brand” claim was not supported and recommended that it be discontinued or modified to state, as part of the main claim, that Shark is the #1 brand in dollar sales.
In its advertiser statement, Shark stated that it “will comply with NAD’s decision” although it “does not agree with NAD’s analysis and believes the existing, prominent disclosure language provides more than adequate explanation of Shark’s leading market share.”
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
LexisNexis Announces Launch of Lexis+ AI Commercial Preview in Canada and the UK, Most Comprehensive Global Legal Generative AI Solution
Lexis+ AI delivers secure generative AI tools that fuel efficiency, effectiveness, and reliable results for lawyers
Toronto, ON – January 11, 2024 – LexisNexis® Legal & Professional, a leading global provider of information and analytics, today announced the launch of the Canadian and UK commercial preview of Lexis+ AI™, a generative AI solution designed to transform legal work. Grounded in our extensive repository of accurate and exclusive Canadian law content and use cases, Lexis+ AI combines the power of generative AI with proprietary LexisNexis search technology that seamlessly navigates both English and French legal content. Results are always backed by verifiable, citable authority. Lexis+ AI is now generally available in the U.S., following a successful commercial preview in 2023.
Lexis+ AI technology features conversational search, insightful summarization, intelligent legal drafting, and document upload capabilities, all supported by state-of-the-art encryption and privacy technology to keep sensitive data secure. Conversational search simplifies the complex and time-consuming legal research process, offering a user-friendly search experience for various legal inquiries complete with citations. This empowers lawyers to conduct research effectively and efficiently. Enhanced summarization provides a custom summary of legal documents, expediting and guiding insightful analysis. Generative document drafting guides customers throughout the legal drafting process, automatically generating an initial draft based on user prompts. This innovative feature allows users to easily modify the language and tone to suit their needs. Additionally, document upload capabilities allow for rapid analysis, summarization, and extraction of key insights from legal documents.
“We’re thrilled to bring this transformative technology to customers,” said Eric Wright, CEO of LexisNexis Legal & Professional Canada. “The Lexis+ AI solution provides first-of-its-kind tools for Canadian lawyers that take advantage of our extensive, high-quality content to dramatically improve the speed, quality, and effectiveness of their practice and business.”
Specifically tailored for Canadian legal professionals, the Lexis+ AI offering will support interactions in both English and French that will allow users across the country access to Halsbury’s® Laws of Canada, the only up-to-date national legal encyclopedia, Juris Classeur®, the only French civil law encyclopedia in Canada as well as unique and exclusive English and French commentary, Pleadings, Motions and Facta court documents and practical guidance.
“LexisNexis has extensive first-hand experience using artificial intelligence technology, including working directly with major LLM creators and trusted cloud providers to develop faster, more accurate, transparent, and secure generative AI solutions,” said Philippe Poignant, CTO LNNA, UK and CEMEA LexisNexis Legal & Professional. “As a leader in legal AI and analytics, we are best positioned to deliver these advanced technologies that will accelerate our customers’ success.”
LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias. The company’s commitment to data security and privacy in the legal industry spans more than 50 years. LexisNexis employs over 2,000 technologists, data scientists, and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, accurate information.
At the same time, LexisNexis Canada has announced its Lexis+ AI Insider program, which is open to legal professionals across the country. The program is designed to support the legal industry with generative AI education and LexisNexis Canada breaking news on the latest AI developments. Insiders can sign up to be among the first to experience Lexis+ AI. To sign up for the Lexis+® AI Insider program, visit https://www.lexisnexis.ca/lexis-plus-ai-insider.
For more information on Lexis+ AI, visit http://www.lexisnexis.ca/ai.
To download a copy of the LexisNexis Canada Generative AI & the Legal Profession report, visit lexisnexis.ca/legal-ai-report.
About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
About RELX
RELX is a global provider of information-based analytics and decision tools for professional and business customers. The Group serves customers in more than 180 countries and has offices in about 40 countries. It employs more than 35,000 people over 40 percent of whom are in North America. The shares of RELX PLC, the parent company, are traded on the London, Amsterdam and New York Stock Exchanges using the following ticker symbols: London: REL; Amsterdam: REN; New York: RELX. The market capitalization is approximately £49.5bn, €56.3bn, $61.8bn.
Media Contact
Lori Harito, Publicist
lori@boulevardofdreams.ca
1-416-523-9602
LexisNexis Announces Launch of Lexis+ AI Commercial Preview in the UK and Canada, Most Comprehensive Global Legal Generative AI Solution
Lexis+ AI delivers secure generative AI tools grounded in LexisNexis’ unrivalled legal content to fuel efficiency, effectiveness, and reliable results for lawyers
London – 11th January, 2024 – LexisNexis® Legal & Professional, a leading global provider of legal information and analytics, today announced the launch of the UK and Canadian commercial preview of Lexis+® AI™, a generative AI solution designed to transform legal work. Grounded in the largest repository of accurate and exclusive legal content, Lexis+ AI combines the power of generative AI with proprietary LexisNexis search technology and authoritative content. Results are always backed by verifiable, citable authority or source. Lexis+ AI is now generally available in the USA, following a successful commercial preview in 2023.
Lexis+ AI technology features conversational search, insightful summarisation, intelligent legal drafting capabilities and document upload capabilities, all supported by state-of-the-art encryption and privacy technology to keep sensitive data secure.
Conversational search simplifies the complex and time-consuming legal research journey, providing a search experience for diverse legal questions with citations, facilitating lawyers’ ability to complete research effectively and efficiently.
Enhanced summarisation provides a custom summary of legal documents to speed up and guide insightful analysis.
Generative document drafting guides customers throughout the legal drafting process, generating a first draft of a legal document, and allowing users to change the language and tone from a simple prompt.
Document upload capabilities enable users to rapidly analyse, summarise, and extract key insights from legal documents.
“We’re thrilled to bring this transformative technology to our UK customers,” said Gerry Duffy, MD of LexisNexis UK. “The Lexis+ AI solution is a proven first-of-its-kind tool for lawyers and will dramatically improve the speed, quality, and effectiveness of their practice and business. We have taken a customer-first approach to all our innovation, research and product development.”
LexisNexis is teaming up with leading law firms, such as Eversheds Sutherland (International), Macfarlanes, Pinsent Masons and CMS UK, as part of its commercial preview program to tap into their expertise for advice and feedback.
“We are supporting the research and development of generative AI across the industry,” said Rachel Broquard, Service Excellence Partner at Eversheds Sutherland (International). “LexisNexis is a key content provider, so its roadmap will be closely watched as many firms’ on-ramp to generative AI-based research.”
“LexisNexis has been leveraging artificial intelligence technology, including natural language processing and large language models, in our legal solutions for years, and we’ve been using generative AI in our research and development labs for more than two years,” said Jeff Reihl, Chief Technology Officer, LexisNexis Legal & Professional. “As a leader in legal AI and analytics, we are well positioned to serve as firms’ trusted partner in launching professional-grade, legal generative AI tools.”
LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias. The company’s commitment to data security and privacy in the legal industry spans more than 50 years. LexisNexis employs over 2,000 technologists, data scientists, and subject matter experts to develop, test, and validate its solutions and deliver comprehensive, accurate information.
To support lawyers in their understanding of AI and the opportunities it will present, the Lexis+ AI Insider program offers free and exclusive access to webinars, thought leadership, and breaking news on the latest AI technologies free and open to all legal professionals. Insiders can sign up to be among the first to experience Lexis+ AI. To join the Lexis+ AI Insider program, visit www.lexisnexis.co.uk/ai-insider/sign-up.html.
For more information on Lexis+ AI, visit www.lexisnexis.co.uk/lexis-plus/lexis-plus-ai.html
About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
About RELX
RELX is a global provider of information-based analytics and decision tools for professional and business customers. The Group serves customers in more than 180 countries and has offices in about 40 countries. It employs more than 35,000 people over 40 percent of whom are in North America. The shares of RELX PLC, the parent company, are traded on the London, Amsterdam and New York Stock Exchanges using the following ticker symbols: London: REL; Amsterdam: REN; New York: RELX. The market capitalisation is approximately £58.9bn, €68.5bn, $74.9bn.
Media Contact
Matthew Leopold
Head of Communications
LexisNexis
Matthew.Leopold@lexisnexis.co.uk
+447788435569
In National Advertising Division Fast-Track SWIFT Case, Laifen Voluntarily Discontinues “Fastest” Claims for Swift Hair Dryers
New York, NY – January 10, 2024 – The BBB National Programs National Advertising Division has closed a Fast-Track SWIFT challenge initiated by Dyson, Inc. regarding advertising by Shuye Technology Ltd. d/b/a Laifen.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).
Dyson challenged claims on Laifen’s website and on its social media that Swift, Swift SE, Swift Special, and Swift Premium hair dryers are the “fastest.”
Dyson argued that claims that Swift hair dryers are the “fastest” on the market are unsupported. Laifen informed NAD that it is permanently discontinuing the challenged claims. 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.
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
National Advertising Division Finds Certain Claims for Old Trapper Beef Jerky are Puffery, Recommends Superiority Claims be Modified or Discontinued
New York, NY – January 8, 2024 – In a challenge brought by competitor Link Snacks, Inc., BBB National Programs’ National Advertising Division determined that in context “The Best” and “Clearly the Best” claims made by Old Trapper Smoked Products, Inc. for its Old Trapper Smoked Beef Jerky are puffery and not objective assertions of fact that Old Trapper jerky is “the best.”
However, the National Advertising Division (NAD) recommended that Old Trapper discontinue the challenged ingredient claims to avoid conveying the message that they are using superior ingredients.
“The Best” and “Clearly the Best” Claims
NAD determined that the following claims were puffery:
- Clearly the Best Beef Jerky.
- The Best Ingredients Create the Best Beef Jerky.
- Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best.
NAD noted that:
- Old Trapper’s “Clearly the Best Beef Jerky” slogan, when used on its product packaging and website, conveys a message of corporate pride, and the use of “best” is not comparative as no specific competitor or ingredient is identified. In these contexts, the challenged claims are unquantifiable and therefore, puffery.
- The claim “The Best Ingredients Create the Best Beef Jerky” which appears prominently on the Old Trapper website landing page, did not convey a specific comparative superiority message.
- Old Trapper’s 15-second YouTube video that depicted a single bag of Old Trapper jerky while “Old Trapper is Clearly the Best Beef Jerky. Clearly More. Clearly Nothing to Hide. Clearly Fresh. Clearly the Best”, did not convey a comparative superiority message because the video only featured Old Trapper, did not tout attributes other than a single reference to “clearly fresh,” and did not refer to or depict any competitors or competitors’ products.
Ingredient Claims
Regarding the claim made on Old Trapper’s social media account, “We use only the highest quality ingredients in every Old Trapper flavor. That’s just one of the reasons why Old Trapper is #ClearlyTheBest,” NAD determined that the language “We use only the highest quality ingredients” is an objective claim that requires support.
In the absence of any support that Old Trapper uses the highest quality ingredients, NAD recommended that Old Trapper discontinue or modify these claims to avoid conveying the message that they are using superior ingredients.
In its advertiser statement, Old Trapper stated that it “agrees to comply with NAD’s recommendations in this matter” and “appreciates NAD’s careful consideration of the issues presented.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
Privacy Watchdog Brings LexisNexis into Compliance with Digital Advertising Privacy Industry Self-Regulatory Standards
McLean, VA – January 4, 2024 – The Digital Advertising Accountability Program (DAAP) of BBB National Programs brought LexisNexis, a division of RELX Inc., into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising (IBA). LexisNexis is a global publisher of print and electronic resources related to law and legal services, and a first-party web publisher for purposes of the DAA Self-Regulatory Principles.
This case arose from DAAP’s ongoing monitoring of websites to assess compliance with the DAA Principles. DAAP visited lexisnexis.com to review compliance with the DAA Principles but could not test for IBA across all web pages as many require a user log-in, limiting the DAAP review to consumer-facing pages.
During its inquiry, DAAP observed data collection by third-party companies known to engage in IBA. When DAAP examined LexisNexis’ website, it located a link in the site footer labeled “Privacy Policy.” Under the Transparency Principle, web publishers must provide a link—distinct from the privacy policy—on each webpage where third-party data collection for IBA occurs. Unlike other privacy-related disclosure links, an enhanced notice link must take users directly to its IBA disclosure and a method to opt out of IBA.
LexisNexis’ privacy policy mentioned sharing information with advertisers but lacked a direct link for opting out, which is not compliant with the DAA Principles. Further examination revealed a more detailed description of third-party data collection for IBA in the Cookie Policy, including a link to the DAA’s opt-out tool. However, neither the Cookie nor Privacy Policy stated adherence to DAA Principles and no webpage linked to this policy for enhanced notice.
In response to DAAP’s inquiry, LexisNexis conducted a comprehensive review of its compliance with the DAA Principles to identify areas in its compliance protocols that need strengthening. The company worked diligently to find comprehensive solutions to each issue and consulted with DAAP on its plan to come into compliance.
To offer enhanced notice of IBA collection across its vast range of websites, LexisNexis added an “Ad Choices” link to every domain, including various footer designs. This link directs users to Section 3 of the renamed “Cookies and Interest-Based Advertising Policy,” detailing managing third-party IBA and linking to the DAA’s opt-out tool. Previously accessible after two clicks, this policy is now more readily available. Additionally, LexisNexis included a statement adhering to the DAA Principles in this policy section, ensuring easier access to real-time IBA notices for users across all their web products.
As part of the decision in this matter LexisNexis added a statement reading: “At LexisNexis, we are committed to ensuring transparency in our privacy practices. We are pleased with the DAA Accountability Program’s recognition that LexisNexis is compliant with its self-regulatory principles.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the Digital Advertising Accountability Program: The Digital Advertising Accountability Program (DAAP), a division of BBB National Programs, was developed by the Digital Advertising Alliance (DAA) to enforce industry self-regulation principles for data privacy in online and mobile advertising, holding companies accountable to the DAA’s Privacy Principles. DAAP provides guidance to companies looking to comply with industry principles and responds to complaints filed by consumers about online privacy.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
National Advertising Division Finds Certain Claims for ZenBusiness Supported; Recommends Other Claims be Modified or Discontinued
New York, NY – January 4, 2024 – In a challenge brought by competitor LegalZoom.com Inc., the National Advertising Division (NAD) of BBB National Programs determined that ZenBusiness Inc. provided a reasonable basis for certain claims for its business services platform that provides corporate formation services. NAD recommended, however, that ZenBusiness discontinue or modify other challenged claims.
Rankings on ZenBusiness Webpages
ZenBusiness operates a webpage with the headline “Best Service Providers (Top 4 Reviewed),” ranking itself at #1 (“Excellent Overall Service”) and LegalZoom at #3 (“Known for Branding”). The rankings and reviews are controlled by ZenBusiness and are advertising for ZenBusiness LLC formation services.
NAD recommended that ZenBusiness discontinue its rankings and review format or modify its advertising to avoid conveying a message that the review and rankings webpages and the reviews and rankings themselves are genuine, independent, and on an objective review site.
Because the links on the challenged webpages direct consumers to a page presenting only purchase options for ZenBusiness, NAD also recommended that ZenBusiness modify its advertising to avoid conveying a message that links will direct consumers to a page where competitive services can be purchased.
Claim ZenBusiness is “Recommended” by Third Party Websites
In context, NAD found that consumers would reasonably interpret the claim that certain publications “recommend” ZenBusiness to mean that these publications approve of ZenBusiness for LLC formation services, not that they deem ZenBusiness to be superior to competitors. NAD found the claim that Forbes, Investopedia, MarketWatch, and Bizreport “recommend” ZenBusiness to be supported based on their respective reviews of ZenBusiness as a business formation service.
However, NAD recommended ZenBusiness modify its advertising to avoid conveying a message that NerdWallet has recommended ZenBusiness because NerdWallet does not provide such broad, unequivocal recommendations as the “recommended by” claim implies.
NAD also recommended that ZenBusiness clearly disclose the material connection between ZenBusiness and the endorsing publications with which it has an affiliate relationship. NAD noted that although ZenBusiness discloses that the recommendations are by its “affiliate partners,” consumers may not understand what “affiliate partners” means.
Claim Endorser “Recommends” ZenBusiness
NAD determined that consumers may believe a particular endorser, who is a celebrity and well-known entrepreneur, to be an expert in evaluating business formation services like those offered by ZenBusiness.
NAD found ZenBusiness provided reasonable support that the “recommended” endorsement was based on the endorser’s expert evaluation of the services but recommended a clear and conspicuous disclosure of the material connection between the endorser and ZenBusiness when using the endorsement.
Claim that ZenBusiness “Forms in about 1 to 2 Days”
During the proceeding, ZenBusiness modified the “forms in about 1 to 2 days” claim to state that consumers using their Pro and Premium services will “File in 1 to 5 days**,” with an accompanying asterisk and disclosures of similar font size below the claim that states, “**These filing times are averages and include our processing times and Secretary of State turnaround times, which vary by state.”
NAD found that although the initial claim was not supported, the modification of the claim to “file in 1 to 5 days**” and its clear and conspicuous accompanying disclosure clearly convey that the stated timeframe refers to filing times and not corporate formation.
“Save 43%” Claim
The ZenBusiness website features a page titled “ZenBusiness vs LegalZoom,” highlighting a claim to “Compare and save up to 43%.” Next to the copy, the challenged claim “Save 43%” appeared between listed prices of LegalZoom Pro and ZenBusiness Pro. A banner invites consumers to “compare ZenBusiness and LegalZoom formation services to discover how you can save up to $199,” followed by charts comparing the price of each ZenBusiness service package and its related features against its LegalZoom counterpart (Basic vs. Starter, Pro vs. Pro, Premium vs. Premium).
NAD determined that the service packages that are the basis of the savings claims are clearly identified and the comparisons are based on equivalent service packages, but that the 43% (now 29%) savings claims appearing above the banner and comparison charts do not clearly and conspicuously disclose the limited conditions under which the quantified savings are achieved.
NAD recommended ZenBusiness clearly state in close proximity to the 29% savings claims that the savings are based on prices that include the purchase of optional services and one year of use.
“$0” Claim
NAD determined the claim of “$0—Launch with ZenBusiness” reasonably conveys a message to consumers that they will not incur any costs in forming their business using ZenBusiness services. NAD found that ZenBusiness’ disclosure on a separate webpage stating that the advertised “$0” offer does not include mandatory state filing fees fails to prevent a misleading message from being conveyed.
NAD recommended ZenBusiness either discontinue the claim that consumers can launch a business with ZenBusiness for “$0” or modify its advertising to disclose clearly and conspicuously at the outset, and in close conjunction with the claim, that consumers must still pay state filing fees.
During the proceeding ZenBusiness agreed to permanently discontinue several challenged claims. Therefore, NAD did not review these claims on their merits and will treat them for compliance purposes as though NAD recommended they be discontinued and ZenBusiness agreed to comply.
In its advertiser’s statement, ZenBusiness stated that it “will comply with NAD’s recommendations and appreciates NAD’s diligence in reviewing the issues in this challenge” although it disagrees with certain aspects of NAD’s decision.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
Edvisors Survey Reveals that College Students Lack Confidence About Repaying Debts After Graduation
Las Vegas, NV—
A recent survey conducted by Edvisors of 1,000 students revealed that most students had realistic expectations regarding the necessity of borrowing funds to attend college and their expected earnings after graduation. However, the majority of students lacked confidence in their ability to repay their student loans following graduation.
The survey also revealed that 77% of students expected to borrow money to finance their education, with an average amount of $25-$30K in student loans. Most students also expected to earn between $50 and $75K annually for their first job after college. Half of students also expected to have other forms of debt at graduation, such as credit cards and car loans. However, 78% of students were not confident or hopeful they would be able to repay their student loans.
“The cost of a college degree can be daunting, but there are many benefits to opting to get a degree. A college degree can open doors to higher paying jobs and career opportunities,” explains Elaine Rubin, Director of Corporate Communication at Edvisors. “Earning a college degree can also provide a sense of accomplishment and pride. However, it’s important for students to be prepared for the financial costs once they begin their career after college. Right out of college, it can be challenging to earn income for basic living expenses, and difficult to budget their paychecks to accommodate monthly student loan payments.”
It is best to take steps to reduce financial risk while in school. For students looking to offset the cost of college, they should consider applying for scholarships, looking for internships, or working a part-time job.
For more information regarding the survey results, please visit: https://edvisors.com/blog/repaying-debts-after-college/
Edvisors recently launched an initiative to offer student loan repayment relief. Each quarter, one winner is chosen from all entrants to win $2,500 to help pay down their student loan debt. For more information and to enter, please visit: https://www.edvisors.com/repayment-relief/
About Edvisors: For 20 years we have been known as one of the largest and most trusted resources to help students find their path to success. Everyone needs to find their own path, and we know that first-hand. We work to provide information from both our professional and personal experiences, to help individuals through college and beyond. Every year, millions of students and their families turn to the company’s flagship site, Edvisors.com, for timely, accurate information, advice and tools that help them confidently make the best decisions about paying for college. Additionally, Edvisors owns ScholarshipPoints.com, where students earn points to enter scholarship drawings (the site has awarded over $1 million to date). Founded in 1998, Edvisors is based in Las Vegas, Nevada. More information can be found at www.edvisors.com.
Contact Information
Name: Elaine Rubin
Email: erubin@edvisors.com
Job Title: Director of Corporate Communications