New York, NY – November 2, 2022 – The National Advertising Division (NAD) of BBB National Programs recommended that S3 Marketing, LLC and Beyond Finance, LLC d/b/a Accredited Debt Relief discontinue claims on www.accrediteddebtrelief.com that convey strong unqualified messages regarding the typical results experienced by users of the Accredited Debt relief program, including:
“Debt Relief Can Cut Your Monthly Payments in Half”
“Reduce your total debt by up to 50%”
“Be debt free in as little as 12 months”
NAD also recommended that S3 Marketing discontinue the format of its rankings website www.debt-consolidation-reviews.org because it appears to be an independent review site ranking debt consolidation services according to objective factors, but is owned and operated by an affiliate of the advertiser.
The claims at issue were challenged by NAD as part of its routine independent monitoring of truth and transparency in U.S. national advertising.
Debt settlement companies, such as Accredited Debt Relief, market their services to reduce or eliminate unsecured consumer debt to heavily indebted consumers. Such companies attempt to negotiate with creditors to reduce or eliminate a consumer’s unsecured debt, such as credit cards, medical bills, or utility bills.
Advertising for debt settlement services must disclose the risks involved as well as avoid overpromising results by truthfully explaining the results consumers can reasonably expect to achieve.
“Debt Relief Can Cut Your Monthly Payments in Half”
NAD’s inquiry focused on whether the advertiser’s evidence was a good fit to support the claim, “Debt Relief Can Cut Your Monthly Payments in Half.” Based on the advertiser’s evidence, NAD concluded that cutting “monthly payments in half” is not representative of the typical consumer experience. NAD also found that:
Beyond Finance does not make clear that its support for debt reduction claims is based on enrolled debt, which is a subset of the customer’s total debt (debts enrolled consist of more than 50 percent of the debt included in a consumer’s credit report); and
Detailed and lengthy disclosures about the program and its material limitations appear at the bottom of the webpage and are not sufficiently prominent and in close proximity to the claim.
Therefore, NAD recommended that the advertiser discontinue the claim “Debt Relief Can Cut Your Monthly Payments in Half.” NAD noted that nothing in its decision prevents the advertiser from advertising the monthly payment reductions consumers can reasonably expect to achieve using calculations that reflect the typical experience of consumers and clearly and conspicuously disclosing any material limitations in close proximity to the main claim.
“Reduce your total debt by up to 50%”
NAD noted that the term “up to” can have different meanings based on the context in which the claim appears and the product category to which it is being applied. While some advertisers use “up to” to tout a product’s absolute best possible results, others use it to express realistic consumer benefits in an environment with highly variable results.
NAD determined that “Reduce your total debt by up to 50%” promises that consumers who enroll in the Accredited Debt Relief program will reduce their total debt by 50 percent. NAD noted that consumers cannot evaluate whether they will be able to achieve the 50 percent total debt reduction before entering the program and committing to pay the substantial fees associated with the program.
NAD recommended, therefore, that the claim “Reduce your total debt by up to 50%” be discontinued because:
The advertiser’s support demonstrates that most consumers will not reduce their debt by 50 percent; and
The claim refers to “total debt” but is calculated based on only enrolled debt.
NAD noted that nothing in its decision prevents the advertiser from advertising about the percentage reduction of debt its customers achieve provided, however, the advertising truthfully describes the reduction in debt consumers can expect to achieve using the advertised service and clearly and conspicuously discloses all material limitations in close proximity to any claimed benefit.
“Be debt free in as little as 12 months”
Customers in the advertiser’s program are heavily indebted consumers. NAD noted that the unqualified debt-free claim promises these consumers that they will have no debt in a short period of time (one year).
Given that the advertiser has thousands of customers, NAD determined that data showing a comparatively small number of people who are debt-free in less than 12 months does not represent the typical consumer experience. Therefore, NAD recommended that the claim “Be debt free in as little as 12 months” be discontinued.
Affiliate Disclosure
NAD questioned whether consumers would be misled regarding the relationship between Accredited Debt Relief and S3 Marketing because the website www.debt-consolidation-reviews.org did not clearly disclose material information about their relationship.
NAD noted that the website, which lists Accredited Debt Relief as #1, is presented as though it is sponsored by an independent organization that ranks debt consolidation services according to objective factors. However, the disclosures at the bottom of the website state that S3 Marketing, the operator of the site, “is an affiliate marketer, which means S3 gets paid if you choose to purchase products or services from the companies or websites advertised through placement of links on this site. Also, S3 is owned by the same company that owns Accredited Debt Relief/Beyond Finance.”
NAD noted that any disclosure that the website is paid advertising content contradicts the implied message of independence otherwise conveyed by a rating or ranking website. Because a disclosure that the review site is owned by the advertiser, even if clear and conspicuous, cannot cure the misleading takeaway that the site is independent, NAD recommended that the advertiser discontinue the format of the rankings website.
In its advertiser statement, S3 stated although it “disagrees with NAD’s recommendation to discontinue the format of the website, it agrees to comply.” Beyond Finance also stated while it disagrees with NAD’s recommendations it agrees to comply, noting that it “remains focused on its priorities of consumer trust and transparency throughout its operations.”
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
McLean, VA – November 1, 2022 – The Children’s Advertising Review Unit (CARU) of BBB National Programs has found Gameloft S.A., owner and operator of the Disney Getaway Blast mobile app, in violation of the Children’s Online Privacy Protection Act (COPPA) and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection. Upon receipt of CARU’s inquiry, Gameloft proactively implemented changes to address CARU’s concerns regarding its advertising and privacy practices and continues to take other corrective actions to address the remaining violations.
The Disney Getaway Blast app, featuring Disney and Pixar movie characters licensed by The Walt Disney Company, came to CARU’s attention through its routine monitoring of child-directed content. Given the app’s child-directed subject matter, intended for ages four and up, its use of animated characters, colorful visual content, fun background music, and simplistic nature of the gameplay, CARU determined that the Gameloft app was a child-directed app and as such is subject to COPPA and CARU’s Guidelines. CARU further determined that the App qualifies as a “mixed audience” child-directed app because children under 13 may not be its primary audience.
Children’s Privacy Issues
As the operator of a child-directed app, Gameloft is required under COPPA and CARU’s Privacy Guidelines to ensure that either no personal information is collected, used, or disclosed from users under age 13, or that notice is provided and verifiable parental consent is obtained prior to such collection, use, or disclosure. As a mixed-audience online service, Gameloft is permitted to implement an age screen in order to provide these protections to children under 13, however even after CARU created a test account identifying as a 10-year-old child, a prompt was generated by Apple’s App Tracking Transparency Framework that asked for permission to track the user’s “activity across other companies’ apps and websites” for the purpose of delivering personalized ads. CARU found that even after identifying as a child under age 13, there was nothing preventing a child from enabling this setting and potentially allowing the app to collect personal information from children under 13 without first obtaining verifiable parental consent.
CARU also found the Operator’s privacy policy language to be unclear and inconsistent with its actual privacy and data collection practices regarding children. The App’s privacy policy indicates that Gameloft uses the information it collects to serve behaviorally-targeted advertising, enabling Gameloft to “provide you with advertising that better suits your interests and profile and is age-/gender-appropriate and targeted to your general location.” However, in another provision addressing children, Gameloft states it “will prevent the collection and use of their precise geolocation data and display to them contextual advertising only (excluding any behavioral advertising).” CARU recommended the Operator amend its Privacy Policy to make clear its actual privacy and data collection practices with respect to children.
After a review of the evidence in the record, CARU determined that Gameloft violated COPPA and CARU’s Privacy Guidelines by its failure to provide parents with notice of its children’s information collection and use practices that is clearly and understandably written, complete, and contains no unrelated, confusing, or contradictory materials, and obtain verifiable parental consent before any collection or use of personal information from children, as required by COPPA.
Children’s Advertising Issues
CARU’s Advertising Guidelines make clear that advertisers must not manipulate or deceive children. Conduct that would violate this provision includes the use of emotional manipulation and other tactics that either pressure or manipulate a child into engaging with ads, downloading and installing unnecessary apps, or making unintended purchases.
CARU found that the Disney Getaway Blast app served ads periodically after players completed a level, with promises of free “rewards” and in-game boosters for watching the ad. Once in the ad, users cannot easily exit the full-screen, 30-second video ad during which an “install now” button appears, taking users away from the app to the app store. Many of these ads are non-avoidable.
In addition to the use of bright colors to draw children to click on ads, the app also uses emotional manipulation tactics to persuade children to watch ads and make in-app purchases. When a user runs out of moves to complete a puzzle, the app character demonstrates visual disappointment providing the user two options: to continue or “give up.” In contrast, when players solve a puzzle, they are rewarded with screens that feature their characters celebrating and congratulating them with a message such as “LEVEL COMPLETED!” If a user gives up, it costs one “life” (represented by a heart-shaped icon), and they are prodded to purchase additional moves. However, if a user chooses to continue and complete the puzzle, they are rewarded with screens that feature their characters celebrating and congratulating them with encouraging language.
CARU found these practices to be emotionally manipulative tactics in violation of CARU’s Advertising Guidelines that prey on children’s weaknesses and insecurities to persuade them to watch excessive ads and make in-app purchases so their character will feel happy and praised, able to continue playing with their virtual friends.
CARU also found that some ads displayed in the App are not easily identifiable as advertising because they lacked clear and conspicuous disclosures and that the methods provided in the App to exit ads are neither clear nor conspicuous to children, in violation of the Ad Guidelines.
CARU recommended that Gameloft take the following corrective actions, some of which it proactively implemented early in CARU’s investigation:
Provide a clear and understandable notice of its children’s information collection and use practices that contains no unrelated, confusing, or contradictory materials.
Design its app with children in mind to ensure that it does not deceive, manipulate, or pressure children into watching or engaging with excessive ads, making costly and unnecessary in-app purchases, and downloading and installing unnecessary apps.
Provide clear and conspicuous disclosures of all ads to ensure they are easily identifiable as advertising to children.
Ensure any exit methods offered by the App are clear and conspicuous by using such design techniques as color, text size, language, borders, and shading to make them recognizable to children.
Gameloft participated in and cooperated fully with CARU’s self-regulatory program.
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 Children’s Advertising Review Unit: The Children’s Advertising Review Unit (CARU), a division of BBB National Programs and the nation’s first Safe Harbor Program under the Children’s Online Privacy Protection Act (COPPA), helps companies comply with laws and guidelines that protect children from deceptive or inappropriate advertising and ensure that, in an online environment, children’s data is collected and handled responsibly. When advertising or data collection practices are misleading, inappropriate, or inconsistent with laws and guidelines, CARU seeks change through the voluntary cooperation of companies and where relevant, enforcement action.
Contact Information
Name: Abby Hills Email: ahills@bbbnp.org Job Title: Director of Communications
Eight restaurants awarded a MICHELIN Star in first selection
12 Bib Gourmands, plus three special awards, also unveiled
60 total restaurants, 19 cuisine types reflected in 2022 selection
VANCOUVER, British Columbia, Oct. 27, 2022— Vancouver just discovered the restaurants that make up its first MICHELIN® Guide selection, as eight restaurants earned one-MICHELIN-Star distinctions and 12 received Bib Gourmands.
The full selection, including Recommended eateries, totals 60 restaurants.
“Our teams of inspectors genuinely savored their dining experiences in Vancouver,” said Gwendal Poullennec, International Director of the MICHELIN Guides. “They were very impressed with the city’s gastronomic dynamism. The selection – from Stars to Bib Gourmands to the Recommended spots – are all appealing in their own authentic DNA, and very diverse offers. They all can be very proud of their entry in the MICHELIN Guide family, as we’re pleased to highlight them to our community of foodies and travelers.”
Here are the MICHELIN-Starred restaurants, with inspector notes from each (inspector comments in full on the MICHELIN Guide website and mobile app):
AnnaLena (Contemporary cuisine)
Don’t be fooled by AnnaLena’s unassuming atmosphere, as dining at Chef Mike Robbins’ restaurant is a polished experience from top to bottom. Beginning with the graceful service and carrying through to the impeccably prepared dishes, this is a restaurant that aims to impress — sans the fuss.
Barbara (Contemporary cuisine)
Chef Patrick Hennessy spent time at many top spots, including Eleven Madison Park in New York, but he is clearly at home at Barbara. The kitchen feels like a stage, with guests perched at the L-shaped bar watching with bated breath as he performs culinary magic.
Burdock & Co (Contemporary cuisine)
This Mount Pleasant charmer straddles a corner of Main Street in an area rich with top spots, but Burdock & Co stands out with its rustic appeal and Chef Andrea Carlson’s farm-to-table cooking. The concise menu highlights the best of the season.
iDen & QuanJuDe Beijing Duck House (Chinese cuisine)
It has a pedigree that traces back to Beijing from 1864, but the latest outpost in Vancouver proves that QuanJuDe hasn’t lost any of its luster. It is best known for its superlatively crispy and juicy duck. Delicious as the signature fowl may be, there is plenty more from Chef Allen Ren: A bevy of other delicacies are on offer, including bird’s nest, sea cucumber and even a whole king crab if you’re up for a splurge.
Kissa Tanto (Japanese cuisine)
Inspired by the jazz cafes of 1960s Tokyo, Kissa Tanto seduces with a moody vibe complete with white mosaic floors, antique Japanese panels and steely colored walls loaded with artwork and photos. There is a definitive laid-back vibe here, but Chef Joël Watanabe’s ambitious kitchen pulls no punches with its mingling of Japanese and Italian cuisine.
Masayoshi (Japanese cuisine)
Chef Masayoshi Baba brings Japan’s luxurious, jewel-box sushi counters to Vancouver with this eponymous restaurant. The best seats are always at the counter, and guests seated there are in for a treat as the chef ceremoniously crafts each course. Chef Baba lets British Columbia’s bounty guide this omakase, spotlighting locally sourced fish in his Edomae-style nigiri.
Published on Main (Contemporary cuisine)
Timing is everything, but Chef Gus Stieffenhofer-Brandson and his team have a preternatural ability for sensing when produce is at its peak. Whether showcasing it on the plate or pickling and preserving it (those jars even double as decor), they’re sourcing and foraging from local farms and forests. The contemporary fare bears the chef’s distinct imprimatur. This is food that is at once familiar and surprising.
St. Lawrence (French cuisine)
A hit ever since opening, this charming Québécois bistro shares a true sense of place — it’s even named for the region’s mighty river. Sit close enough to Chef/owner Jean-Christophe Poirier’s kitchen to experience the heady aromas of his rustic and hearty French-Canadian cooking.
Bib Gourmands
The MICHELIN Guide inspectors found 12 restaurants worthy of the Bib Gourmand designation, which recognizes great food at a great value. These are restaurants where one can have two courses and a glass of wine or dessert for less than $60 CAD.
With seven cuisine types represented, there is no doubt that food lovers will have delightful discoveries among the Bib Gourmands in Vancouver.
Special Awards
In addition to the highly anticipated Bib Gourmand and Star distinctions, the Guide announced three special awards:
The MICHELIN Guide Revelation event is presented with the support of Capital One.
The full MICHELIN Guide Vancouver selection is available free of charge on the MICHELIN Guide website and app. The restaurants join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in Vancouver 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 Vancouver features the city’s most spectacular hotels, including design-forward boutiques like the Douglas, standouts from our “Plus” collection like Loden Hotel and Opus Hotel, and luxury legends like Fairmont Pacific Rim.
The MICHELIN Guide is a benchmark in gastronomy. Now it’s setting a new standard for hotels. Visit the MICHELIN Guide website, or download the free app for iOS and Android, to discover every restaurant in the selection and book an unforgettable hotel.
Watch as chefs and restaurant teams receive their awards at the MICHELIN Guide Revelation event!
The MICHELIN Guide Vancouver 2022 Selection:
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 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.
McGovern Auto Group Opens New Luxury Dealerships in Albany, NY
New Jaguar Land Rover and Volvo locations expand auto powerhouse’s reach in New York
Albany, NY // Oct. 27, 2022 // The McGovern Auto Group, a regional auto powerhouse that operates almost two dozen dealerships across Massachusetts, New Hampshire, and New York, today announced the opening of Jaguar Land Rover Albany and McGovern Volvo Cars Albany. The opening of the two new dealerships deepens McGovern’s presence in New York state, joining the company’s existing Ferrari Maserati Long Island and Porsche South Shore locations on Long Island. With these Acquisitions, this brings McGovern’s dealership count to 22 dealerships in the Northeast.
The opening of the new dealerships follows McGovern’s acquisition of Capital Luxury Cars. Under the McGovern brand, the locations will feature a wide selection of new and used premium automobiles, including the all New Land Rover Range Rover, Jaguar E-PACE SUV, the Land Rover Defender, and the fully electric Volvo C40 Recharge.
Customers at Jaguar Land Rover Albany (located at 347 New Karner Road) and McGovern Volvo Cars Albany (located at 350 New Karner Road) will experience McGovern’s technology-enhanced sales platform, which uses cutting-edge software to intelligently price vehicles according to their true market value. The streamlined and efficient system gives customers a no-hassle sales process with transparent pricing and unbeatable deals.
McGovern’s unique customer experience and commitment to its employees has helped the company grow rapidly to become the region’s leading provider of both family-value vehicles and luxury car brands. Founded in 2016, McGovern Auto Group now has revenues of almost $2 billion, employing over 1,100 people and selling more than 27,000 vehicles a year across the United States.
“Albany residents already know these dealerships as the go-to destination for European luxury vehicles, and we’re looking forward to elevating the buyer experience with McGovern’s cutting-edge technologies and business ethos,” said Ben Muenzberg, General Manager. “With McGovern’s sophisticated sales tech, we can ensure that shoppers receive the very best deal possible from the moment they step inside one of our showrooms.”
“Albany’s Jaguar, Land Rover, and Volvo owners are among the most discerning and demanding motorists around, and our dealerships offer the full range of sales, maintenance, and support they need,” said Matt McGovern, McGovern Auto Group’s President. “These are prime dealership locations in an exciting market, and we’re thrilled to be bringing them into the McGovern family.”
Visit Jaguar Land Rover Albany at 347 New Karner Road and McGovern Volvo Cars Albany at 350 New Karner Road or online at McGovernAuto.com.
Contact Information
Name: David Wamsley Email: dave@rosebudpr.io Job Title: AOR for McGovern Auto
North Carolina, October 26, 2022 – North Carolina’s six Local Management Entities/Managed Care Organizations (LME/MCOs) launched the NC Child and Family Improvement Initiative on May 1, 2022, to improve care for children, youth, and families served by the child welfare system. The LME/MCOs are working together to create a statewide system that ensures seamless access to quality care for youth in foster care, regardless of where they live in North Carolina. Nine key objectives were initially identified to support this statewide model.
One of the NC Child and Family Improvement Initiative’s primary goals is to enhance statewide capacity for child behavioral health services. To support that goal, the LME/MCOs have identified a tenth objective, which is to increase provider reimbursement rates within this critical service continuum. Ultimately, this tenth objective supports all the objectives of the NC Child and Family Improvement Initiative and improves the ability of providers to deliver the necessary treatment and supports to serve youth with very complex needs. All the LME/MCOs are making asignificant investment to pay above the current minimum rate established by NCDHHS forseveral types of child residential services (including Levels I-IV group or family settings) byNovember 1, 2022.
In addition, the LME/MCOs have already completed several other goals of their NC Child and Family Improvement Initiative. One of the most important is formalizing a statewide network of child treatment providers to ensure youth in the foster care system have continuity of care when moving from one area of North Carolina to another. Through December 31, 2022, all LME/MCOs are offering an open enrollment period for several types of child behavioral health service providers (including Psychiatric Residential Treatment Facility (PRTF), Level IV, Level III, and Level II group and family) to ensure that children and adolescents can access the services they need. Click here for more details on this development and click here for a listing of the objectives of the NC Child and Family Improvement Initiative.
New York, NY – October 26, 2022 – Acting on a challenge by AT&T Services, the National Advertising Division (NAD) of BBB National Programs determined that Cox Communications, Inc. provided a reasonable basis for the express claim that Cox can deliver “gig speeds everywhere” and the implied claim that Cox can provide gig speeds to all of its customers and AT&T cannot provide gig speeds (or faster) to all of its customers.
However, NAD recommended that Cox modify:
The claim that “Cox delivers gig-speeds everywhere” to disclose that gig speeds are only available for download speeds.
Its advertising to avoid conveying the unsupported implied message that AT&T does not offer similar or faster speeds than 5G providers in markets where Cox and AT&T compete.
AT&T Services challenged comparative claims made by Cox in a television and radio commercial for its “Gigablast” internet service that provides download speeds of 1 Gbps and upload speeds of up to 35 Mbps.Gigablast is available to all of Cox’s residential customers over a hybrid coaxial cable-fiberoptic network.
“Gig-Speeds Everywhere” Claim
The 30-second television commercial appears as an animated text message conversation between Cox and AT&T with words and emojis accompanied by an upbeat, jazz-like musical score. NAD determined that, in the context of the challenged television commercial, the claim that Cox provides “gig-speeds everywhere” conveys the message that Cox can provide gig speeds to all customers and AT&T cannot provide gig speeds to all its customers.
NAD concluded that this message was supported based on evidence that the Cox network provides almost any consumer within Cox’s footprint, and every customer in the areas where the challenged advertising appears, with Gigablast, Cox’s 1 Gig tier of service. NAD accepted Cox’s assertion that less than half of AT&T Fiber customers have access to gig-speed or faster internet service because of the limited availability of fiber-to-the-premises (FTTP) services across the AT&T network.
Prior decisions by NAD and BBB National Programs’ appellate body, the National Advertising Review Board (NARB) have concluded that general comparative internet speed claims, unless qualified, convey a message about download and upload speeds. Here, NAD found that Cox’s unqualified “gig-speeds everywhere” claim was not supported by the record because Cox limits upload speeds for all Gigablast users to 35 Mbps, a far slower speed than the 1 Gbps download speed highlighted in the challenged advertising.
Further, NAD concluded that the disclosure in the challenged television commercial is confusing, does not adequately qualify the “gig-speeds everywhere” claim, and is not clear and conspicuous. NAD noted consumers seeking gig-speed (or faster) internet services should understand both the upload and download speeds, particularly because the upload and download speeds are so different. Both upload and download speeds may be relevant to a consumer’s interest in gig-speed internet.
For these reasons, NAD recommended that the claim “Cox delivers gig-speeds everywhere” be modified to clearly and conspicuously disclose within close proximity to the claim that gig speeds are only available for download speeds.
Cox Customers “Can Always Choose Internet that Can Deliver Speeds Faster than 5G Providers”
NAD found that one reasonable message conveyed by the challenged television commercial was that Cox can provide internet speeds faster than 5G providers and AT&T cannot.
NAD also determined that the challenged radio commercial presented the claim in a slightly different context and that one reasonable message consumers will understand from the radio commercial is the choice between Cox, who delivers internet speeds faster than 5G providers, or AT&T, who cannot provide speeds faster than 5G providers in markets where Cox and AT&T compete.
NAD concluded that the message that AT&T cannot provide speeds faster than 5G providers is not supported by the record because in some markets AT&T provides its Fiber service where customers can get 1-Gig speeds. Therefore, NAD recommended that Cox modify its advertising to avoid conveying the unsupported implied message that AT&T does not offer similar or faster speeds than 5G providers in markets where Cox and AT&T compete.
During the proceeding, Cox permanently discontinued the claim “the latest Smart Wi-Fi everywhere.” Therefore, NAD did not review this claim on the merits.
In its advertiser statement, Cox stated that it “will comply with NAD’s recommendations.” Further, the advertiser stated that it “values the self-regulatory process and will keep NAD’s recommendations in mind as it develops future advertising.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs 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 Information
Name: Abby Hills Email: press@bbbnp.org Job Title: Director of Communications, BBB National Programs
New York, NY – October 20, 2022 – A panel of the National Advertising Review Board (NARB), the appellate advertising decision body of BBB National Programs, has determined that Mazee, LLC has reasonable support for claims that its Glee Gum is “plant-based,” “made with chicle,” and “natural.” However, the NARB Panel recommended that the advertiser discontinue claims that Glee Gum is “plastic-free.”
The advertising at issue had been challenged before BBB National Programs’ National Advertising Division (NAD) by Perfetti Van Melle USA, Inc., a competing manufacturer of chewing gum products. Following NAD’s decision (Case No. 7077), the NARB Chair granted Perfetti’s request to appeal the NAD decision that the advertiser had provided a reasonable basis for its express “plastic-free” claims and that the claims did not reasonably communicate any implied falsely denigrating messages. Mazee then cross-appealed NAD’s recommendation to discontinue its “plant-based,” “made with chicle”, and “natural” claims.
The NARB Panel reviewed the evidence provided by the advertiser and concluded that Mazee has a reasonable basis for the express “plant-based,” “made with chicle,” and “natural” claims made on its product labels and website.
Regarding the evidence offered by the advertiser in support of these claims, the NARB Panel found that it was reasonable for the advertiser to rely on:
Representations by its ISO-certified and GMP-accredited gum base supplier that it provides Mazee with a gum base that is 94% chicle tree sap (the other 6% consists of candelilla wax and natural citrus acid);
Carbon-14 testing conducted by an ISO-certified company that the Glee Gum base is bio-based as opposed to synthetic or petroleum-based;
Various certifications of the ingredients used in its gum products (e.g., Foodchain ID Non-GMO, Vegan, and Kosher);
Ingredient lists for each line of Glee Gum products that contain no artificial or synthetic ingredients; and
Representations from its co-packer that the production process does not alter the nature of the ingredients contained in Glee Gum products.
While the NARB Panel did not question the expertise and testing conducted by the challenger’s experts, it did not find that the testing’s results squarely refuted the reasonable support for the claims presented by the advertiser.
However, the NARB Panel recommended that the advertiser discontinue its “plastic-free” claims based on the conclusion that such claims create unsupported implied messages that its product lacks plastic while other gums contain plastic, or that its product is more environmentally friendly than its competitors.
Mazee stated that it “is a supporter of the self-regulatory process and will comply with the NARB’s recommendation. The Advertiser would like to thank the NARB for their time in reviewing this matter.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs 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 Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
New York, NY – October 19, 2022– In a reopened case arising from the petition of a prior decision, the National Advertising Division (NAD) of BBB National Programs determined that L’Oréal USA, Inc. has now provided a reasonable basis for its claim that CeraVe is the “#1 dermatologist recommended skincare brand.”
The claims at issue, which appeared in online advertising, social media, and on in-store materials for CeraVe skincare products, were challenged by Johnson & Johnson Consumer Inc. (JJCI), the maker of competing Neutrogena brand skin care products.
2021 Challenge
In a 2021 challenge brought by JJCI, NAD examined L’Oréal’s support for the claim that CeraVe is the “#1 dermatologist recommended skincare brand.” NAD recommended that L’Oréal discontinue the claim based on its conclusion that the IQVIA ProVoice Dermatologist Survey relied on by L’Oréal as substantiation for its claim, was not reliable. Based on NAD’s recommendation, L’Oréal agreed to discontinue the claim.
Reopened Proceeding
In 2022, L’Oréal petitioned to reopen the decision pursuant to NAD/NARB Procedures. NAD granted the petition to re-open based on new evidence related to changes in the revised ProVoice Survey made by IQVIA to address concerns NAD had expressed in the 2021 challenge. During the reopened proceeding L’Oréal also provided new evidence from a NERA Survey that collected responses from 300 dermatologists regarding their actual recommendation practices.
NAD noted that while the revised ProVoice Survey included significant improvements consistent with NAD’s recommendations in the 2021 decision, the improvements did not entirely eliminate the inherent imprecision of the survey. However, NAD noted that a survey need not be perfect to serve as a reasonable basis for an advertising claim and NAD determined that the revised ProVoice Survey was substantially more reliable than the original ProVoice Survey.
NAD further noted that the NERA Survey, reliably captured dermatologists’ actual recommendation practices and that the results indicated that CeraVe is the clear leader in average weekly dermatologist recommendations. NAD found that the results are consistent with the category-based revised ProVoice Survey (and the original ProVoice Survey).
For these reasons, NAD determined that the new evidence submitted by L’Oréal, consisting of the revised ProVoice Survey and the NERA Survey, taken together provided a reasonable basis for L’Oréal’s claim that CeraVe is the “#1 dermatologist recommended skincare brand.”
In its advertiser’s statement, L’Oréal stated that it “appreciates NAD’s recognition of the modifications made to the ProVoice dermatologist survey and its finding that reopening of Case #6921 was warranted based on those revisions.” The advertiser further stated that it is a “strong proponent of the self-regulatory process and thanks NAD for its careful review of the record in this proceeding.”
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. (Replace above with interim boilerplate)
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.
Contact Information
Name: Abby Hills Email: press@bbbnp.org Job Title: Director of Communications
McLean, VA – October 18, 2022 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs has referred direct selling company Root Wellness LLC to the Federal Trade Commission (FTC) for possible enforcement action. The referral comes after a lack of compliance by Root Wellness with DSSRC recommendations as well as the company’s inability to substantiate a growing list of health-related product performance claims.
At issue are product performance claims disseminated by Root Wellness and its salesforce members on social media communicating the message that Root Wellness products can treat serious health-related conditions including, but not limited to, psoriasis, attention-deficit/hyperactivity disorder, chronic fatigue, fatty liver disease (Hepatic Steatosis), fibromyalgia, rheumatoid arthritis, COVID-19, and more.
These claims were originally addressed in February 2021 by DSSRC as part of its ongoing independent monitoring of the direct selling marketplace. In March 2022, as part of its compliance process, DSSRC identified additional social media posts communicating product performance claims of concern and reevaluated whether Root Wellness had complied fully with DSSRC’s recommendations. DSSRC determined that because social media posts making unsubstantiated health-related product performance claims remained accessible to the public, Root Wellness was not in compliance with DSSRC’s 2021 recommendations.
In addition, the March case brought to light false references to third parties in press releases, such as the BBB and Direct Selling Association, to which Root Wellness is not affiliated.
DSSRC requested the removal of all health-related product performance claims that could not be supported by competent and reliable scientific evidence demonstrating that Root Wellness products can effectively produce the results indicated in the health-related claims. In addition, DSSRC recommended that the misleading press releases also be removed.
After the compliance inquiry was published in July 2022, Root Wellness not only did not remove the problematic claims from the marketplace but allowed the continued proliferation of serious health-related claims on social media.
Root Wellness has provided no competent and reliable evidence in support of the claims being made by its salesforce members, did not demonstrate a good faith effort to have the claims removed, and has not made an effort to curb the dissemination of misleading communications implying endorsements that do not exist for Root Wellness and its products (most recently on October 10, 2022).
As a result of this lack of compliance, DSSRC is referring this matter to the FTC and other appropriate government agencies.
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 Direct Selling Self-Regulatory Council: The Direct Selling Self-Regulatory Council (DSSRC), a division of BBB National Programs, provides independent, impartial monitoring, dispute resolution, and enforcement of false product claims and income representations made by direct selling companies and their salesforce members across digital platforms. The DSSRC seeks to establish high standards of integrity and business ethics for all direct selling companies in the marketplace.
Contact Information
Name: Abby Hills Email: press@bbbnp.org Job Title: Director of Communications
Chicago, USA: RudiCoder LLC, ein E-Commerce-Logistikunternehmen mit Sitz in Chicago, kündigt den Start von PriorNotify an. Mit dieser E-Commerce-Anwendung wird das Zulassungsverfahren für den Verkauf und Versand von internationalen Lebensmitteln und Getränken an US-Kunden automatisiert.
„Alle Anbieter, die internationale Lebensmittel- und Getränkeprodukte an Kunden in den USA verkaufen oder versenden, wissen, wie schwierig und zeitaufwändig die US-Zulassungsverfahren sein können. Mit unserer PriorNotify-Anwendung werden diese Verfahren in Sekundenschnelle abgeschlossen“, so Holly Urban, CEO und Mitbegründerin von RudiCoder.
PriorNotify wurde für Lebensmittel- und Getränkehersteller sowie für Händler, Lieferanten – und Versanddienstleister entwickelt. Internationale Firmen können nun problemlos Lebensmittelprodukte an Einzelhändler, Lieferanten und Verbraucher in den USA verkaufen und versenden.
PriorNotify bietet eine nahtlose Integration in Shopify, WordPress (WooCommerce), Magento, PrestaShop und WiX, damit das Zulassungsverfahren sofort beim Kauf eines Produkts automatisch abgeschlossen wird.
Die Anwendung funktioniert problemlos mit jedem Bestellverwaltungssystem sowie mit Online-Marktplätzen wie Amazon. Ohne direkte Integration können Kundenbestelldaten einfach hochgeladen werden, sodass Verkäufer mit hohem Auftragsvolumen schnell und effizient arbeiten können.
PriorNotify wurde für den E-Commerce entwickelt und ermöglicht internationalen Herstellern, Versandunternehmen, Dropshippern und anderen Händlern eine reibungslose Zusammenarbeit.
So können beispielsweise Lebensmittel- oder Getränkehersteller das Zulassungsverfahren automatisch in dem Moment abschließen, in dem ihre Produkte von Vertriebspartnern gekauft werden. Außerdem haben Dropshipper (Streckengeschäft) die Möglichkeit, die Hersteller mit PriorNotify automatisch über Bestellungen zu benachrichtigen und das Zulassungsverfahren für jede Produktbestellung direkt automatisch abzuschließen. Auch Versandunternehmen können mit PriorNotify das Zulassungsverfahren automatisch abschließen, sobald Produkte von ihren Kunden gekauft werden.
Zusätzlich können Nutzer von PriorNotify einfach und reibungslos Handelsrechnungen erstellen. Alle Seiten der PriorNotify-Anwendung lassen sich automatisch in viele verschiedene Sprachen übersetzen.
„PriorNotify ermöglicht es Unternehmen, ihr Produktangebot mühelos zu erweitern, ihren Absatz und Kundenstamm in den USA zu vergrößern und dabei ihre Gemeinkosten drastisch zu senken“, fügte Urban hinzu.
Die Preisstruktur bietet Rabatte und ermöglicht so Preise von nur 0,10 US-Dollar je Voranmeldung. Es gibt keine Einrichtungsgebühren, keine monatlichen Mindestgebühren, keine Gebühren pro Nutzer und keine Zusatzgebühren für vorgegebene Produktsortimente. PriorNotify kann kostenlos getestet werden. Weitere Informationen über PriorNotify finden Sie unter: PriorNotify.com.
RudiCoder LLC ist ein auf Lebensmittel und Getränke spezialisiertes Unternehmen für E-Commerce-Automatisierung mit Sitz in Chicago, USA: RudiCoder.com.
