Tag: CE

New York, NY – December 8, 2022 – The National Advertising Division (NAD) of BBB National Programs closed two new Fast-Track SWIFT cases in December. In those cases:

 

•  Verizon Communications, Inc. challenged the claim that Comcast Cable Communications, LLC’s Xfinity internet service is “up to 7x faster than Verizon 5G Home Internet”; and
• Truth in Advertising, Inc. (TINA.org) challenged disclosures in promotional ads for SAT preparation courses offered by TPR Education, LLC (The Princeton Review).

 

NAD Fast-Track SWIFT is an expedited NAD challenge process designed for single-issue advertising cases.

Verizon v. Comcast

Verizon challenged advertising comparing Comcast’s Gigabit tier (offering download speeds of up to 1200 Mbps) to Verizon’s 5G Home Internet service by stating that Xfinity internet service is “up to 7x faster than Verizon 5G Home Internet.”

NAD determined that, based on the 5G Home Internet speed range presented by Verizon on its website (typical download speeds vary between 85 Mbps and 300 Mbps), Comcast has a reasonable basis for the claim that Xfinity’s Gigabit tier is seven times faster than Verizon’s 5G Home Internet given that an approximate mid-point of the 85-300 Mbps range translates into a seven times greater download speed advantage.

However, NAD recommended that Comcast modify the claim that its Xfinity internet service is “up to 7x faster than Verizon 5G Home Internet” to clearly and conspicuously disclose the material difference that the “7x faster” claim is a comparison between Xfinity’s Gigabit tier to Verizon’s 5G Home Internet that offers a range of speeds, or, alternatively, discontinue the claim.

NAD determined that the challenge was appropriate for Fast Track SWIFT because it presented the single issue as to whether the advertiser’s comparative internet speed claim is supported.

In its advertiser statement, Comcast stated that it “agrees to comply with NAD’s recommendation” and “agrees to modify its disclosures, as recommended, to clarify the basis of comparison.”

 

TINA.ORG v. The Princeton Review

TINA.org challenged disclosures contained in promotional emails and online advertising for The Princeton Review’s SAT preparation courses. TINA.org argued that The Princeton Review does not adequately disclose the conditions that must be met for the company to honor its money back guarantee.

TINA.org noted that an asterisk in a promotional email following “Score a 1400+ or your money back.*” corresponds to fine print at the bottom of the email that notes that “restrictions apply” and directs consumers to the terms and conditions for details. Specifically, for the SAT 1400+ program, students with a starting score below 1250 are “guaranteed” at least a 150 point increase and students with a starting score of 1250 or higher are “guaranteed” a score of at least 1400.

During the challenge, The Princeton Review agreed to permanently modify the challenged advertising to clearly and conspicuously disclose the conditions for its money back guarantee.

NAD determined that the challenge was appropriate for Fast Track SWIFT because it presented the single issue as to whether the advertiser’s disclosures in connection with its money back guarantee are adequate.

In its advertiser statement, The Princeton Review stated that it is “modifying the presentation of information about its money back guarantee to further enhance consumer understanding” and noted that it “supports the self-regulatory process and appreciates the NAD’s attention to this matter.”

Learn more about the NAD Fast-Track SWIFT challenge process. 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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

 

About the National Advertising Division: The National Advertising Division (NAD), a division 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.

• Addison awarded three MICHELIN Stars, taking the spotlight
  among 18 California eateries receiving new MICHELIN Star awards
• 89 total restaurants achieve MICHELIN-Star status – seven with three Stars
• Inspectors award two new Green Stars, bringing state total to 11

 

LOS ANGELES, Dec. 5, 2022 — Eighty-nine restaurants reached for the Stars in the 2022 edition of the MICHELIN^® Guide California — including 18 earning new MICHELIN Star distinctions.

Addison received three Stars, bringing the state’s tally of three-MICHELIN-Star restaurants to seven. Caruso’s and The Restaurant at JUSTIN each were awarded one MICHELIN Star, plus a MICHELIN Green Star. California is now home to 11 of the 13 Green-Starred restaurants in North America.

“California is a foodie’s dream come true,” said Gwendal Poullennec, International Director of the MICHELIN Guides. “There are now 142 three-MICHELIN-Star restaurants in the world, with the addition of the spectacular Addison. It is truly a landmark accomplishment for the Addison team, and they have much to be proud of.

“Our inspectors also named two new MICHELIN Green-Star establishments, which prove themselves to be industry leaders in sustainable practices. The fact that the state has such a high concentration of Green Stars is a testament to the culinary scene’s strong commitment to the environment. There’s just so much to be excited about in this year’s selection.”

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

Three MICHELIN Stars

Addison (San Diego; Contemporary/Californian cuisine)

Chef William Bradley has helmed the stoves at Addison since 2006, transforming this Southern Californian oasis into a world-class dining destination. Global inspiration and Californian sentimentality are at the heart of his approach, and no dish captures this better than sesame-seasoned Koshihikari rice finished with applewood-smoked sabayon and crowned with Regiis Ova reserve caviar. From chicken liver churros to a riff on chips and dip, dishes are playful yet polished. Opening bites such as Kumamoto oysters with pickled green strawberry or Iberian ham folded over a gloriously golden potato display finely tuned flavors. Shellfish-studded chawanmushi exemplifies masterful control over technique, flavors and textures. Meals conclude with a selection of stunning small bites. 

One MICHELIN Star

715 (Los Angeles; Japanese/Sushi cuisine)

Originally from Osaka prefecture, Chef Seigo Tamura came to the U.S. with dreams of becoming a pro basketball player. Thankfully for Los Angeles, the only points he’s scoring are with diners savoring his sushi. Together with his younger brother, the two have followed in their sushi chef grandfather’s footsteps. They source all seafood from Japan and age larger fish, such as tuna, in-house. Their blend of Hitomebore and Koshihikari rice is distinctive, and while Edomae-style sushi dictates using red vinegar for the rice, they add a little bit of sugar in a nod to their Osaka roots.

Camphor (Los Angeles; Contemporary/French cuisine)

Headed by uber-talented Chefs Max Boonthanakit and Lijo George, Camphor plates seriously good French fare with a sprinkle of spicing from Southeast Asia. Creative cocktails, including the refreshing Saint-Germain, complete the experience. Bubbling hot rigatoni stuffed with artichokes, Swiss chard and Comte delivers one satisfying bite after the next, and steak au poivre arrives resting in a pool of perfect sauce.

Caruso’s (Montecito; Californian cuisine)  

The Rosewood Miramar Beach is its home, and contemporary Californian food with Italian leanings is the kitchen’s dictum. Housed in a separate structure and set back on the water, make the small walk to arrive at this elegant retreat. The dining room is beautifully attired with leather booths, linen-robed tables and white chairs, all of which afford views of the crashing waves. But make no mistake, the seasonal prix-fixe takes center stage along with a focus on regional products (California wheat milled in-house; sea urchin procured from a local diver).

Citrin (Santa Monica; Californian cuisine)

Although located in the same building as Chef Josiah Citrin’s sister restaurant Mélisse, in lieu of its sibling’s tasting menu-only format, the offerings here afford more choice, with a modest prix-fixe alongside à la carte options. Chef Ken Takayama’s cuisine sends forth signature combinations of French technique with an abundance of California’s seasonal produce, focusing on updated takes on classically rooted flavors with modern, global touches.

Cyrus (Geyserville; Californian cuisine)

Celebrated wine country chef Douglas Keane has returned to the fore with his re-launch of Cyrus in Geyserville. Dinner is an ebullient experience that progresses from canapes and Champagne in the lounge, to small bites in the kitchen, and concludes with substantial compositions in the dining room. Farm-fresh crudité to be dipped in umeboshi emulsion; Sonoma duck with turnips and hoisin; and black sesame financier with shaved plums are just a few examples of the impressive, globally accented cuisine.

Gwen (Los Angeles; Steakhouse)

During the day, this enticingly arranged butcher shop sells humanely raised meats from local partner farms. By night, Gwen opens into a glowing dining room showcasing the same upscale cuts à la carte and on its multicourse tasting menu. Named for their beloved grandmother, this collaboration between Chef Curtis Stone and his brother Luke conjures Art Deco glamour with crystal chandeliers and a roaring fireplace. The menu is concise and stars house-made charcuterie and wood-fire grilled steaks.

Hatchet Hall (Los Angeles; American cuisine)

This cool Culver West spot is a delight, thanks to the talented team behind it and Chef Wes Whitsell’s work in the kitchen. This is open-flame cooking, rendered with a Southern twang and seasonal focus thanks to an abundance of local product. Rolls and biscuits should not be missed, while vegetable-based items, like collard greens with smoked turkey, speak of quality ingredients and delicious balance. Nuanced flavors and creativity unite in the likes of kampachi collar and pork belly. In short, there’s no going wrong here.

Kato (Los Angeles; Asian/Contemporary cuisine)

Chef Jonathan Yao steers the ship at Kato, deftly drawing from his Taiwanese background to create contemporary food that is at once simple and complex. He is unafraid of change and often tweaks the menu based on availability or just his own whim. No matter, since you’re in for a consistently creative and often quirky experience. The dishes (some of which are made by a local artisan) are as elegant as they are inventive.

Localis (Sacramento; Californian cuisine)

Together with his tight-knit team, Chef/owner Christopher Barnum-Dann brings unusual warmth to this intimate setting. His enthusiasm is instantly palpable as he happily explains his inspiration behind particular dishes and even solicits feedback. This is especially true for diners who sit at the spacious counter. The cooking has a clean, modern simplicity, and its commitment to carefully sourced ingredients is thoroughly Californian. It also offers no shortage of personality, combining flavors while also drawing from various global cuisines.

Manzke (Los Angeles; Contemporary cuisine)

This eponymous fine dining concept from Walter and Margarita Manzke is in the same building as their more casual Bicyclette Bistro. Here, you’ll settle in for a 10-course tasting menu boasting a contemporary style that blends French techniques with Californian influences and Asian notes. Ingenuity is everywhere. The vintage cocktail program is a unique delight and a highly recommended start to any meal here.

Nisei (San Francisco; Japanese/Contemporary cuisine)

“Nisei” refers to the American-born children of Japanese immigrants, which Chef David Yoshimura is; and the synthesis of that heritage forms the basis of this cuisine. The kitchen employs both boldness and subtlety in their cooking, which abounds with personality and technical finesse. The tasting menu is equal parts tradition and invention, where a classic matsutake broth sits in harmony with a wholly original dessert of Okinawan purple sweet potato.

 Osito (San Francisco; Contemporary cuisine)                   

Chef Seth Stowaway puts his heart, soul and even his nickname (osito means “little bear”) into this rustic, lodge-like spot where live-fire cooking takes center stage. The multicourse tasting menu is served at an expansive communal table and changes with the seasons. The food is both elemental and elevated, with a subtle perfume of smoke wending through the various courses, seen in dishes like a lightly cooked king salmon with fennel and porcini, or a slow-cooked brisket brushed tableside with an intensely savory mussel BBQ sauce.

Press (St. Helena; American cuisine)

This modern American dining room exudes all the wine country vibes, and just so happens to boast the largest collection of Napa wines in the world. Chef Philip Tessier is equally inspired by the location, delivering contemporary, Californian dishes such as Kusshi oysters with whipped horseradish, citrus-cured snapper with yuzu curd, and white truffle risotto that is simply sophisticated.

The Restaurant at JUSTIN (Paso Robles; Californian cuisine)

Make your way through winding roads to land upon the lush retreat, nestled within the JUSTIN Winery. This restaurant champions local product, sourced nearby and from the property’s own 150-tree orchard, edible flower fields, vegetable and herb gardens and apiary. Chef Rachel Haggstrom and her team flex their creative skills on a single tasting menu. Imagine asparagus with a soft quail egg, blood orange and duck prosciutto or artichoke tortellini with truffle and peas. As expected, theirs is an impressive wine list, replete with their own labels among other unique selections.

San Ho Won (San Francisco; Korean cuisine)

Combining the prodigious talents of heavy-hitter Chefs Corey Lee and Jeong-In Hwang, here it’s safe to expect the exceptional. The kitchen’s assiduously refined technique deftly combines traditional Korean tastes with a sense of novelty, using impeccable ingredients to make for dishes of surpassing depth and purity of flavor, whether it be the humble kimchi or a rarefied cut of beef.

Ssal (San Francisco; Korean cuisine)          

Hyunyoung and Junsoo Bae have ample fine dining experience but were inspired to strike out on their own to fill what they saw as a void in San Francisco’s Korean restaurant scene. The result is this tasting menu that draws upon familiar flavors, but sets itself apart with a sense of refined simplicity. Meticulously prepared seafood shows a dedication to craft, as in black cod partially dried before being grilled to achieve a skin so crunchy it can be heard from across the room. Beef short ribs are something of a signature, gently cooked sous vide, then seared to form a sweet-savory crust.

Sushi Kaneyoshi (Los Angeles; Japanese/Sushi cuisine)          

This clandestine (read: frustratingly difficult to find) sushi counter is in the most unexpected of places, but step inside this serene, minimalist showpiece and be transported to Japan. Great care is taken with every detail, whether it’s the quality of ingredients or the artful plating — some of the pottery is even handmade by Chef Yoshiyuki Inoue. Highlights include stunning seared ocean perch tucked between a sheet of crisp nori, West Coast oyster braised in soy and served warm, and slightly smoked prawns coated in a lush egg yolk and soy sauce.

Bib Gourmands

The MICHELIN Guide inspectors added 15 restaurants to the Bib Gourmand list, which recognizes eateries for great food at a great value: All Day Baby, Caboco, Chulita, Flavors from Afar, Good Good Culture Club, Hilda and Jesse, Ipoh Kopitiam, Jo’s Modern Thai, Lalibela, Moo’s Craft Barbecue, peasants FEAST, Pijja Palace, Pizzeria Bianco, Ramen & Tsukemen TAO and Saffy’s.

 

Special Awards

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

The 2022 MICHELIN Guide California Selection:

The full California selection — including all the Recommended spots — is available on guide.michelin.com and mobile app. The restaurants join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in California and throughout the world.

Every hotel in the Guide is chosen for its extraordinary style, service, and personality — with options for all budgets — and each hotel can be booked directly through the MICHELIN Guide website and app. The selection for California currently features the state’s most spectacular hotels, including resurrected golden age mansions like the Paramour Estate, unique boutiques like the Madrona and the Carneros Resort, moody member’s clubs like the Battery in San Francisco and the Aster in Los Angeles, standouts from our “Plus” collection like the Surfrider Malibu and the Ranch at Laguna Beach, coastal clifftop wonders like the Post Ranch Inn, and mid-century desert classics like Hope Springs Resort.

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

The MICHELIN Guide Star Revelation event is presented with the support of Capital One. WATCH as chefs and restaurant teams receive their awards.

 

California’s 2022 Starred Establishments

California’s 2022 Green-Starred Establishments

California’s 2022 Bib Gourmands

About Michelin North America, Inc.

Michelin, the leading mobility company, is working with tires, around tires and beyond tires to enable Motion for Life. Dedicated to enhancing its clients’ mobility and sustainability, Michelin designs and distributes the most suitable tires, services and solutions for its customers’ needs. Michelin provides digital services, maps and guides to help enrich trips and travels and make them unique experiences. Bringing its expertise to new markets, the company is investing in high-technology materials, 3D printing and hydrogen, to serve a wide a variety of industries — from aerospace to biotech. Headquartered in Greenville, South Carolina, Michelin North America has approximately 22,500 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

 

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

 

For more information, contact:

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

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

New York, NY – December 1, 2022 – In a BBB National Programs National Advertising Division (NAD) challenge, brought as part of NAD’s routine monitoring of national advertising for truth and transparency, NAD has determined that Blue Apron LLC provided a reasonable basis for the claim that “Canceling Meals is Easy.”

Blue Apron is a subscription-based meal kit company that offers changing weekly meal kits consisting of boxes of pre-portioned ingredients and corresponding recipes to be cooked at home.

These subscription services constitute negative option marketing, broadly defined as a category of commercial transactions in which sellers interpret a customer’s failure to take an affirmative action, either to reject an offer or cancel an agreement, as assent to be charged for goods or services. NAD noted that there are different types of plans in negative option marketing and Blue Apron’s service constitutes a continuity plan – namely, consumers agree to continue to receive their food kits for a monthly sum until they affirmatively cancel their subscription.

NAD inquired about the advertiser’s sponsored Instagram post with the express claim “Canceling meals is easy,” made in connection with a pricing claim (“Starting at $7.49 per serving”). NAD determined that the claim in context reasonably conveys the message that consumers can cancel their subscription seamlessly.

In reviewing whether Blue Apron offers consumers easy ways to cancel meals, NAD considered that the Federal Trade Commission’s recent “Bringing Dark Patterns To Light” report suggests that consumers should be able to cancel a subscription-based service through the same medium (such as a website or mobile application) as signup. NAD determined that the claim “[C]anceling meals is easy” is supported since consumers sign up for and cancel Blue Apron online.

In its advertiser statement, Blue Apron stated that it “supports NAD’s mission of voluntary self-regulation of advertising and is pleased by NAD’s determination.” The advertiser further stated that it “continuously seeks improvements in its customer experience and takes great pride in its support of the goal of clear, transparent, and truthful information in 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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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.

• MICHELIN^® Pilot^® Sport EV tire earns “Best of What’s New” award in automotive category
• This is the third Michelin product to receive an award from Popular Science, following two “100 Most Innovative Products of the Year” awards

 

GREENVILLE, S.C., Nov. 30, 2022 – Michelin, a leader in sustainability and innovation, announced today that the MICHELIN^® Pilot^® Sport EV tire is a 2022 Popular Science “Best of What’s New” award winner in the automotive category. Featuring technologies born from Formula E racing, the Pilot Sport EV tire is Michelin’s latest offer for consumers to confidently drive the full potential of electric sports cars.

“We are thrilled to have the MICHELIN Pilot Sport EV tire recognized as an award winner, which showcases how performance can be improved and maintained with the inclusion of more sustainable materials,” said Katelyn Berry, vice president of marketing for Michelin North America, Inc.’s business to consumer products. “MICHELIN is ranked the No.1 Tire Brand across major categories and segments by industry experts and consumers alike and developing tires with manufacturers for electric vehicles proves our dedication to a sustainable future. Our consumer tire portfolio is primed for the EV revolution, and we’re proud to see our efforts being recognized by Popular Science.”

Each year since 1988, the editors of Popular Science review thousands of products in search of the top 100 innovations – breakthrough products and technologies that represent significant advancements in their categories.

 

 

“The ‘Best of What’s New’ Awards are our way of celebrating the most exciting and groundbreaking innovations of the year. These awards highlight the revolutionary inventions that are helping to improve our daily lives, our society, and our planet,” said Rob Verger, technology editor for Popular Science. “From the future of air travel to revolutionary skin care products, and from sustainable outdoors equipment to game-changing gadgets, this year’s list is a thrilling mix that we’re proud to call the ‘Best of What’s New.’”

The MICHELIN Pilot Sport EV tire benefits directly from the progress Michelin has achieved over seven seasons in Formula E and incorporates ElectricGrip Compound^™ technology, which features a hard compound for the center of the tread to provide the grip required to handle high-torque characteristics of electric sports cars. Consumers can experience low rolling resistance that extends range by up to 37 miles[1], and 20% less perceptible road noise thanks to MICHELIN Acoustic^™ technology, which takes the form of a custom-developed polyurethane foam that reduces cabin noise[2].

Michelin has worked consistently for many years to reduce the ecological impact of its manufacturing activities in pursuit of net zero emissions for Scopes 1 and 2 by 2050. To achieve carbon neutrality throughout the life of its tire and address the demands of electric sports car owners, Michelin has committed to reduce the environmental impact associated with the tire’s production and transport to its point of sale.

To find more information, please visit michelinman.com.

 

About Michelin North America

Michelin, the leading mobility company, is working with tires, around tires and beyond tires to enable Motion for Life. Dedicated to enhancing its clients’ mobility and sustainability, Michelin designs and distributes the most suitable tires, services and solutions for its customers’ needs. Michelin provides digital services, maps and guides to help enrich trips and travels and make them unique experiences. Bringing its expertise to new markets, the company is investing in high-technology materials, 3D printing and hydrogen, to serve a wide variety of industries — from aerospace to biotech. Headquartered in Greenville, South Carolina, Michelin North America has approximately 22,500 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

 

About Popular Science

Established in 1872, Popular Science is one of America’s oldest and most trusted magazine brands. ?Popular Science? has a legacy of bringing readers groundbreaking innovations and discoveries, demystifying the world, and examining everything from the marvels of deep space to the secret lives of everyday staples. Popular Science makes science and tech engaging, approachable, and inclusive to keep readers, listeners, and viewers plugged into and excited about the world around them. Popular Science is part of Recurrent Ventures., a privately held media company that includes brands like The Drive, Futurism, and Outdoor Life.

 

For more information contact:

Contact: Christian Fisher

Email: christian.fisher@michelin.com  |  www.michelinmedia.com

[1] Rolling Resistance internal study carried out in October 2020, comparing a 255/45 R19 MICHELIN Pilot Sport EV (6.7kg/t) with the same-sized MICHELIN Pilot Sport 4 SUV (8.8kg/t). In the case of an electric vehicle weighing 2,151kg with a range of 540km, the difference (2.1kg/t) equates to more than 60km of additional range, or more than 10%of the original range

[2] Internal noise measurement (170-230Hz band) carried out in 2016 based on a KIA Cadenza equipped with 245/45 R19 tires. Noise level measured on the range “170-230Hz”. Results may vary depending on vehicle, tire range and size, speed and road conditions.

 

Contact Information:

Name: Christian Fisher
Email: christian.fisher@michelin.com
Job Title: Consumer Public Relations Manager – Michelin North America

New York, NY – Nov 30, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that Perrigo Company plc provided a reasonable basis for certain cost savings claims for its store brand hypoallergenic infant formula but recommended that other challenged claims be modified or discontinued.

Mead Johnson & Company (MJ), manufacturer of the competing Enfamil Nutramigen formula, challenged claims relating to Perrigo’s generic extensively hydrolyzed casein formula, one that is designed for infants with a cow’s milk allergy and is sold by various retailers under their respective store brands. The Perrigo claims appeared in consumer and pediatrician-directed websites, as well as in pediatrician-directed print advertising, and range from unqualified assertions of Perrigo’s store brand formula being more affordable to specific cost savings calculated according to Perrigo’s price-per-pound calculations.

At issue before NAD was whether Perrigo’s price comparison claims between its generic store brand hypoallergenic infant formula and Nutramigen are truthful and non-misleading.

Percentage Savings Claims

Based on IRI Market Advantage annual retail sales data and Perrigo’s price calculations on each container’s price per ounce, NAD found the following claims supported:

• “Store Brand Hypoallergenic Infant Formula costs less, allowing families to save at least 22% … compared to leading name brands”; and
• “The chart with the claim “provides the best value for hypoallergenic infant formula … at least 22% of  savings.”

NAD also determined that the advertiser’s evidence, a double-blind, randomized crossover clinical study, provided a reasonable basis to support the claim that Perrigo’s store brand formula is nutritionally comparable to leading name brand hypoallergenic formulas.

Monthly Savings Claims

NAD determined that the IRI retail sales data and Perrigo’s calculations provide a reasonable basis to support:

• The advertiser’s daily, weekly, monthly, and annual savings claims comparing Perrigo to Nutramigen;
• The bar graph titled “At Least $75 in Savings Per Month” depicting Similac Alimentum as costing $250 per month, Enfamil Nutramigen as costing $252 per month, and Perrigo Store Brand Hypoallergenic Formula as costing $173 per month; and
• The claim that “families who switch from expensive name brand formula to Store Brand infant formula can save approximately $62 monthly” as it relates to hypoallergenic However, NAD found that the second part of that claim “which can help cover more than half the cost of diapers” was not supported and recommended that portion of the claim be discontinued with respect to hypoallergenic formulas.

NAD concluded that disclaimers referencing 2021 sales data that qualify the $75 monthly savings claims should be modified to ensure they are clear and conspicuous and placed in close proximity to the claims they qualify.

Affordability Claims

Based on IRI retail sales data and Perrigo’s price calculations, NAD found the following claims supported:

• The general “more affordable” claim;
• “Parents deserve a more affordable hypoallergenic option and now they have one”;
• “Finally, you can now recommend a more affordable option for your families”; and
• “The cost comparison in the claim “parents deserve a safe effective and lower-cost hypoallergenic infant formula that meets the same high-quality standards as expensive name brands. And as their pediatric provider, you can now recommend a more affordable option with confidence.”

However, NAD determined that “the same high-quality standards as expensive name brands” conveys a broader message of equivalence that is not supported by the advertiser’s clinical study. Therefore, NAD recommended that this portion of the claim be modified to clearly state that Perrigo meets standards for AAP hypoallergenicity.

NAD also found that an unsupported message of broad equivalence between generic hypoallergenic formulas and brand name hypoallergenic formulas is reasonably conveyed by the claim “you can’t put a price on health and nutrition, but there’s no reason to pay a premium just for the name on the label.” Therefore, NAD recommended that the claim be discontinued or modified to avoid conveying such a message.

Implied Claim

NAD found that the implied claim caregivers will spend less money on hypoallergenic formula over the course of their infant’s cow’s milk allergy if they use Perrigo’s store brand formula instead of Nutramigen is supported. NAD noted that cow’s milk allergy infants need to consume hypoallergenic infant formula as a replacement for regular formula or breast milk, and the pricing evidence demonstrates that Perrigo hypoallergenic formula costs less than Nutramigen.

Finally, NAD considered whether MJ’s evidence shows that Nutramigen offers materially different benefits than Perrigo products such that Perrigo’s price comparisons between the infant formulas are inherently misleading. When evaluating health claims especially in the context of infant nutrition NAD requires competent and reliable scientific evidence including when that evidence is used to rebut the advertiser’s evidence that establishes a reasonable basis to support its advertising claim. After considering all the data in the record, NAD determined that MJ has not provided stronger, more persuasive evidence reaching a different result than the evidence provided by Perrigo.

In its advertiser statement, Perrigo stated that it “will comply with NAD’s recommendations.” The advertiser further stated that while it “disagrees” with NAD’s recommendations regarding its advertising, “Perrigo respects the self-regulatory process, and appreciates the NAD’s decision and careful analysis.”

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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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.

New York, NY – November 30, 2022 – The National Advertising Division (NAD) of BBB National Programs has referred advertising claims made by Zscaler, Inc. to the Federal Trade Commission (FTC) after the company failed to respond substantively to a challenge into claims made for its Zero Trust Exchange Platform. NAD recommended that Zscaler discontinue claims about various privacy protection attributes and benefits of its Zero Trust Exchange platform versus the technical capabilities of Prisma Access, the platform of challenger Palo Alto Networks.

Although Zscaler contended that NAD did not have jurisdiction to consider this challenge, NAD determined that, pursuant to NAD/NARB Procedures, it has jurisdiction over the advertising claims at issue in this case because:

 

• A non-disclosure agreement between the advertiser and an entity not party to these proceedings did not protect advertising claims contained within a marketing brochure from NAD’s review, although the advertiser argued the challenger tortiously interfered with a third-party confidentiality agreement. For policy reasons, it is important that advertisers not use a cloak of confidentiality to hide misleading advertising.
• The marketing brochure in which the challenged claims appear is a carefully prepared seventeen-page document with extensive design elements that suggest it was intended for broad dissemination. The advertiser acknowledged that it was provided to multiple recipients to promote the benefits of Zscaler’s security platform and, as a result, constitutes national advertising as defined in NAD/NARB Procedures.

 

NAD routinely considers challenges involving highly complicated technologies from many industries without issue and concluded that the issues in this case are not so technical that they are beyond NAD’s review.

Because Zscaler did not submit any argument or evidence to support its claims on the merits, the NAD/NARB Procedures allow NAD to conclude that Zscaler failed to meet its burden of providing a reasonable basis for its claims.

NAD/NARB Procedures further require advertisers to state in writing at the close of the case whether they intend to comply with NAD’s recommendations or appeal NAD’s findings. Zscaler declined to submit this written statement. Therefore, pursuant to NAD/NARB Procedures, NAD referred this case to the FTC and other regulatory authorities for review and possible enforcement action.

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

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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.

Illinois Foundation Seeds, Inc. Announces Donation to USDA Maize Collection

Illinois Foundation Seeds, Inc (IFSI) continues its long-standing commitment to supporting the agriculture industry and the United States Department of Agriculture (USDA). IFSI recently announced a multi-year series of donations to the USDA Maize Collection in Iowa.

The donations involve supplying past, IFSI-developed inbreds to the USDA’s Maize Collection housed at the Ames, Iowa facility. In 2022, IFSI will release 66 inbreds with full descriptions and molecular marker data. In 2023, the company will release an additional 44 inbreds. Approximately 48 additional inbreds will be released beginning in 2024 and beyond. The inbreds will be grown at the North Central Regional Plant Introduction Station (NCRPIS) for distribution beginning no earlier than 2024. A list of the accessions donated can be reviewed here: https://npgsweb.ars-grin.gov/gringlobal/cooperator?id=184890 (The list at this link will update as more accessions are donated to the collection.)

Inbreds are lines of identical or virtually identical entities considered genetically pure. Corn hybrids derive from inbred corn lines. The foundation of successful breeding is diversity of inbreds.

“IFSI hired Dale Cochran in 1965 as our first Corn Breeder from Iowa State University,” says Brian Coombs, current General Manager of IFSI’s Field Crops Business Unit. “With Dale now serving as the Chairman of IFSI’s board, this donation to the Ames, Iowa facility feels like it has come full circle for us.  We are proud to publicly release these inbreds to the USDA for the world’s use.”

Through its research component, the USDA works to furnish genetic, genomic, and bioinformatic tools, information, and genetic resources to enhance American agricultural productivity.  The National Plant Germplasm System (NPGS) is a collaborative effort managed by the USDA Agriculture Research Service. The NPGS mission is to support agricultural production by acquiring, conserving, evaluating, documenting, and distributing crop germplasm. The bank of information provides a historical perspective of parental lines, which can be used now and in the future.

Headquartered in Tolono, IL, Illinois Foundation Seeds, Inc. is a leading research, product development, licensing, and production company established in 1937. For over 80 years, in locations worldwide,  IFSI’s commitment to development and dedication to exceptional quality has remained the same. The IFSI name means you can count on industry-leading products, research, licensing, and service.

New York, NY – November 22, 2022 – In a challenge brought by Dyson, Inc., the National Advertising Division (NAD) of BBB National Programs determined that SharkNinja Operating LLC (Shark) provided a reasonable basis for claims that its Shark Air Purifier 4 meets or even exceeds HEPA standards but recommended that Shark discontinue these same claims for its Air Purifier 6.

The challenged claims include:

 

• “Capture 99.97% of dust, dander, odors, and more.”
• “Capture 99.98% of large, small, & micro-size particles.”

 

NAD also recommended that Shark:

 

• Discontinue claims that its air purifiers are better than other HEPA-labeled air purifiers because those purifiers leave behind pollutants.
• Discontinue its COVID-19 claims.
• Modify the “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the claim.

 

Each of these filters is advertised as being a HEPA (high-efficiency particulate air) filter. HEPA filters are a type of pleated mechanical air filter that can remove at least 99.97% of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3 microns. HEPA filters can increase the air quality in a room over time and is often viewed as the gold standard in consumer-facing filtration products, such as air purifiers and vacuum cleaners.

HEPA Standards Claims

In support of Shark’s claims that its air purifiers meet or even exceed HEPA standards, the advertiser relied on testing conducted on the first batch of air filters from its production line (First Run Filters).

NAD considered whether the products being tested are representative of what consumers can purchase on the market and concluded that Shark’s testing of the First Run Filters was relevant for the Air Purifier 4. Further, NAD determined that the advertiser’s QC testing was reliable and was sufficient to provide a reasonable basis that its air filters, at least as of the time they left the production line overseas, met HEPA standards.

However, NAD concluded that, based on the challenger’s rebuttal testing of off-the-shelf filters for the Air Purifier 6 , Shark’s production line testing was insufficient to support its HEPA claims for such filters.

Comparative HEPA Claim

NAD assessed the messages reasonably conveyed by Shark’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.” These claims are made alongside images of Shark’s air purifier and what appears to be an unbranded air purifier. A small disclosure below the unbranded purifier states “Based on IEST-RP-CC007.3. 01-02 microns vs. a leading HEPA labeled air purifier.”

NAD determined that Shark’s comparison of its “True” HEPA purifiers to other purifiers, without identifying a specific purifier, directly pits Shark’s product against all “HEPA-Labeled Air Purifiers.” Although the disclosure does state that the “10X more particles” claim was based on a test against “a leading” purifier, the disclosure is tied only to the quantified 10X claims. NAD found that at least one message reasonably conveyed by the advertising is that Shark’s purifier is a “True HEPA” filter and other HEPA-labeled filters may be inferior.

Because Shark did not provide any support for the message that its purifiers are superior to 85% of the market or that 85% of competitors in the market, including Dyson, emit harmful particulates notwithstanding their HEPA-labeling, NAD recommended that the claim be discontinued.

NAD noted that nothing in its decision prevents Shark from educating consumers that some HEPA-labeled air purifiers may fall short of HEPA standards in a noncomparative context.

COVID-19 Claim

NAD determined that Shark’s claim “CAPTURES airborne droplets that can carry bacteria & viruses, such as CORONAVIRUS” reasonably communicates several messages, including that Shark’s air purifier:

 

• Captures (but does not kill) the coronavirus;
• Will prevent consumes from getting sick from the virus, either in part or completely; and
• Provides sufficient protection from becoming infected with COVID-19 that other protections are not necessary.

 

NAD noted that CDC guidance makes clear that solutions like HEPA air filters or cleaners are only part of a multi-layered approach to mitigate and reduce the risk of exposure to COVID-19 and is intended for use with numerous other precautionary practices. Because none of that context is present in Shark’s advertising, NAD recommended that Shark discontinue its COVID-19 claims.

NAD noted that nothing in its decision prevents Shark from claiming that air filters can be used as part of multiple mitigation strategies to reduce the spread of COVID-19 and lower the risk of exposure.

Clean Air 100% Claim

Shark advertises that its air purifiers offer “Clean Air 100%” by prominently displaying images of its purifier, which has a display known as Clean Sense IQ, with the numbers “100%” under the words “CLEAN AIR.”

NAD noted that none of Shark’s advertisements that contain the “Clean Air 100%” claim provide any explanation of what is meant by 100%.

A claim of 100% cleanliness is a powerful claim, and in the absence of context that clearly conveys the basis of the claim, NAD found that consumers may reasonably take away a literal message—that the air surrounding the purifier is 100% clean of any pollutants. Therefore, NAD recommended that Shark modify the claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim.

Finally, during the proceeding Shark voluntarily agreed to permanently discontinue the claim that its filters “capture 99.97% of  odors.” Therefore, NAD did not review this claim on the merits.

In its advertiser statement, Shark stated that it “will appeal NAD’s decision.” The advertiser stated that while “it is pleased that NAD determined that Shark’s evidence demonstrated that its filters meet the HEPA standard when they left the production line” and that “Shark provided a reasonable basis for its HEPA claims for the Shark Air Purifier 4,” it “disagrees with NAD’s other findings and recommendations.”

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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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.

New York, NY – November 22, 2022 – The National Advertising Division (NAD) of BBB National Programs determined that the American Beverage Association (ABA) provided a reasonable basis for the following environmental benefit claims related to its Every Bottle Back program, which is designed to encourage and increase beverage container recycling in the U.S.:

 

• “Our bottles are made to be remade.”
• “We’re carefully designing our bottles to be 100% recyclable, including the caps.”
• The “That completes the circle” portion of the claim “That completes the circle and reduces plastic waste.”
• “Increasing awareness about the value of 100% recyclable plastic bottles.”

 

However, NAD recommended that ABA modify certain aspirational claims regarding the use of recycled materials in bottles, as well as claims relating to ABA’s partnerships with non-profit organizations and efforts to achieve sustainability goals together. ABA will appeal these portions of NAD’s decision.

The claims at issue, which appeared on ABA’s website and in a video advertisement, were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising.

ABA is the trade association for the U.S. nonalcoholic beverage industry whose members are Coca-Cola Company, Keurig Dr Pepper, and PepsiCo. Consumers who are loyal to ABA’s brands care about environmental stewardship and cannot readily verify the truth and accuracy of environmental benefit claims.

 

Recyclability Claims

NAD assessed the evidence provided by the advertiser in support of claims that center on the recyclability of the bottles and further explain that the material is reused and recycled.

NAD determined that the claims “Our bottles are made to be remade” and “We’re carefully designing our bottles to be 100% recyclable, including the caps” are supported by a reasonable basis, including evidence that ABA member companies use 100 percent recyclable virgin plastic PET in their bottles and that some of its members are transitioning from the use of dark to clear plastic to make it more compatible with recycling processes and more likely to be reused.

NAD noted, however, that while PET is among the acceptable recyclable materials in the widely available recycling facilities nationwide, the claim “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles” conveys the message that the bottles are recycled NAD found that the challenged claim does not make clear that this is a goal towards which the companies are working to achieve.

Further, regarding the “reduces plastic waste” part of the claim “That completes the circle and reduces plastic waste,” NAD found that while the ABA supported its recyclability claim, the evidence is less clear about a meaningful reduction in plastic waste even though the ABA provided evidence about efforts by its members to reduce total waste in their manufacturing practices.

For these reasons, NAD recommended that the advertiser modify its claims, “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles” and “reduces plastic waste,” to better fit the evidence provided.

 

Increased Awareness of Recyclable Bottles

In support of its claim “Increasing awareness about the value of 100% recyclable plastic bottles,” the advertiser noted that aside from the advertising at issue in NAD’s inquiry, it has engaged in messaging on many digital platforms as well as recycling education programs (including at the community level) in the U.S. and several other countries that reached an estimated 28 million people. Based on this evidence, NAD determined that the claim was supported.

 

Reducing Plastic Footprint Claim

ABA’s claim, “Working with World Wildlife Fund through their ReSource: Plastic program to reduce our plastic footprint,” relates to its partnership with World Wildlife Fund (WWF), which in 2019 announced a goal of no plastic in nature by 2030 and the ReSource program would be the business partnership to achieve the goal. WWF uses its ReSource Footprint Tracker as the main analytical tool using a standard methodology to track the “plastic footprint” of companies that are members of its ReSource: Plastic program. NAD noted that “plastic footprint” is defined as “a measurement of the amount of plastic that someone uses and then throws away, considered in relation to the damage this causes the environment.”

NAD found that the reducing the footprint of ABA member companies claim is an objective claim that requires substantiation. NAD determined that the evidence provided was not a good fit to support the broad claim that ABA is reducing the plastic footprint of its member companies.

Therefore, NAD recommended that ABA modify the claim “Working with World Wildlife Fund through their ReSource: Plastic program to reduce our plastic footprint” to better fit the efforts and results of the partnership.

 

Modernizing Infrastructure Claim

Regarding ABA’s claim “Partnering with The Recycling Partnership and Closed Loop Partners to improve recycling access, provide education to residents and modernize the recycling infrastructure in communities across the country,” NAD inquired solely about ABA’s efforts to “modernize the recycling infrastructure in communities across the country.”

After reviewing the evidence, NAD found that ABA’s efforts are occurring in some communities in many states, but not broadly in communities across the country as the claim states. In addition, some of the progress, albeit noteworthy, does relate to some listed objectives, such as improving recycling access, but does not necessarily relate to infrastructure modernization (e.g., adding new recycling carts; education efforts).

Therefore, NAD recommended that the claim “partnering with The Recycling Partnership and Closed Loop Partners to improve recycling access, provide education to residents and modernize the recycling infrastructure in communities across the country” be modified to better reflect the recycling modernization efforts. NAD noted that nothing in its decision precludes the advertiser from touting its partnership with the Recycling Partnership and Closed Loop partners and benefits of those projects that are narrowly tailored to fit the evidence.

In its advertiser statement, ABA stated that it will appeal NAD’s “recommendations and interpretations that our advertisement overstates the extent to which our plastic bottles currently sold are made from recycled plastic and the efforts of our partnerships. These portions of NAD’s decision would limit our ability to effectively provide educational information about how the recycling system can work and inspire others to join us in striving toward our collection goals.”

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 is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. 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:

Abby Hills
Director of Communications
BBB National Programs
703.247.9330 / press@bbbnp.org