New York, NY – November 29, 2023 – Through its advertising monitoring program, BBB National Programs’ National Advertising Division (NAD) inquired about social media posts created by Cariuma Central Pte., Ltd. for its Cariuma sneakers, and recommended that Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the posts.
Three social media posts featuring Cariuma sneakers appeared on the Instagram and Facebook accounts of Travel + Leisure (T+L), US Weekly, and The Quality Edit (TQE) and were labeled “Sponsored” below the name of the publisher. The posts included images of Cariuma sneakers and invited consumers to “shop here” or “learn more” about the sneakers.
NAD’s inquiry focused on whether the format of the challenged social media posts blurred the line between editorial content and advertising in a way that can confuse consumers. NAD assessed whether this content, which includes affiliate links but appears to be editorial, is advertising and considered whether the content was created independent of the “economic or commercial motivation” introduced by affiliate marketing revenue.
NAD determined that the three sponsored posts for Cariuma sneakers are advertising and noted that:
- Cariuma retains full editorial control over the creative content with TQE and must approve any content before publication; and
- Cariuma selected and paid for each amplified social media post with T+L, US Weekly, and TQE. As such, the posts are paid endorsements for Cariuma sneakers.
NAD concluded that even though the posts were labeled “Sponsored,” it is not clear whether the posts were sponsored by the publisher or by Cariuma. As a result, consumers were not aware that the posts are paid endorsements by Cariuma.
NAD recommended Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the social media posts.
In its advertiser statement, Cariuma stated that it “will comply with the NAD’s recommendation” and further stated that it “respectfully disagrees with the NAD’s decision but is committed to accurate and truthful 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. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
For Immediate Release
Contact: Jennie Rosenberg,
Media Relations,
BBB National Programs,
press@bbbnp.org
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Review Board Recommends Mint Mobile Discontinue or Modify Claim that its Unlimited Plan is “Now Just $15/Mo.”
New York, NY – November 28, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Mint Mobile, LLC discontinue or modify the claim that its Unlimited plan is “now just $15/mo.”
The advertising at issue had been challenged by AT&T Services, Inc. before the National Advertising Division (NAD) as part of NAD’s Fast Track SWIFT expedited challenge process, designed for single-issue advertising cases. Following NAD’s decision (Case No. 7250), Mint Mobile appealed NAD’s recommendations.
Mint Mobile offers prepaid phone plans, which, unlike those offered by AT&T and other major wireless carriers, require customers to pay upfront before receiving service. Mint Mobile’s $15/mo. price for its Unlimited plan is a promotional rate that is only in effect for three months. After three months of service, the monthly rate increases, with the exact amount of the increase dependent on which plan the consumer selects.
At issue in the Fast-Track SWIFT challenge and appeal is whether the nature of Mint Mobile’s promotional offer was adequately disclosed.
In banner ads, on social media, and in a television commercial, Mint Mobile advertised that the price of its Unlimited plan is “now just $15/mo.” The NARB panel determined that the claim in the various advertisements conveyed that the $15/mo. price is a permanent price for Mint Mobile’s unlimited phone plans that were previously $30 to $35/mo., depending on the duration of the plan.
Further, in agreement with NAD, the NARB panel found that the current disclosure appearing in the advertisements does not meet the well understood standard requiring clear and conspicuous disclosure of material limitations for an advertised price offer. Accordingly, the disclosure was inadequate to modify the misleading claim that Mint Mobile has reduced the price of its unlimited plan to $15/month going forward.
The NARB panel recommended that Mint Mobile discontinue the claim that its Unlimited plan is “now just $15/mo.” or clearly and conspicuously disclose that the offer is a promotional or introductory offer for the first three months of service as part of the main claim or in similar size text and font in close proximity to the main claim.
Mint Mobile stated that while the challenged advertising was discontinued last month, Mint Mobile is committed to the self-regulatory process and will comply with NARB’s decision should it use the challenged claim again.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Review Board Recommends Modifications to Coca-Cola’s “50% More Electrolytes” Claims
New York, NY – Nov. 27, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that The Coca-Cola Company:
- Modify the claim “50% more electrolytes vs. the leading sports drink” to state “50% more electrolytes vs. Gatorade Thirst Quencher”; and
- Modify its video advertising to avoid conveying the implied message that the 50% increase in electrolytes in Powerade provides increased performance benefits and/or superior athletic performance relative to the Gatorade Thirst Quencher product.
In the underlying decision, NAD concluded that Coca-Cola’s “50% more electrolytes” claims overstated the significance of the nutrient difference and reasonably conveyed the implied messages that Powerade provides better performance and hydration than Gatorade. The NARB panel reached a different conclusion in regard to the packaging and social media claims.
The advertising at issue had been challenged by Stokely-Van Camp, manufacturer of Gatorade. Following NAD’s decision (Case No. 7198), Coca-Cola appealed NAD’s decision in its entirety. Until recently, both Powerade and Gatorade Thirst Quencher had the same electrolyte content. Earlier this year, Coca-Cola introduced a reformulated product that both parties agree contains 50% more electrolytes (sodium and potassium) than Gatorade Thirst Quencher.
Label Claim
The NARB panel concluded that in the context of the “50% more electrolytes vs. the leading sports drink” claim made on the Powerade label, the claim of 50% more electrolytes than a referenced product does not on its own imply superior performance benefits as compared to the referenced drink. The claim merely provides truthful information regarding the comparative amount of electrolytes in each sports drink.
However, because it was unclear which specific Gatorade product is referenced, the NARB panel recommended that Coca-Cola change its label to “50% more electrolytes vs. Gatorade Thirst Quencher” to clarify its valid comparative quantitative electrolyte claim.
Social Media Claims
The NARB panel found that the challenged social media posts simply provide consumers with quantitative information regarding the increase in electrolytes in Powerade and the quantity of electrolytes in Powerade vs. Gatorade Thirst Quencher. Further, the NARB panel did not find that the strong-arm emoji in the context of the comparative post communicates a superiority claim, but merely draws attention to the fact that Powerade increased its electrolytes, which are the core beneficial ingredients in any sports drink.
Video Commercial Claims
The NARB panel found that the challenged commercials link young athletes drinking Powerade with 50% more electrolytes before and during their lengthy workouts to achieving success as college athletes. Accordingly, the NARB panel determined that the commercials communicate to at least a significant minority of reasonable consumers that the 50% increase in electrolytes in Powerade provides increased performance benefits and/or superior athletic performance relative to the Gatorade Thirst Quencher product.
Because this message was not supported by the evidence in the record, the NARB panel recommended that Coca-Cola modify its video advertising to avoid conveying such a message.
Coca-Cola stated that it “applauds NARB’s determination that its ‘50% more electrolytes’ claim ‘provides truthful information’ to consumers, and will comply with NARB’s recommendation to indicate that Powerade has 50% more electrolytes than ‘Gatorade Thirst Quencher,’ rather than just ‘the leading sports drink,’ when making the claim. The challenged video advertisement is no longer being disseminated, but Coca-Cola will take NARB’s guidance into account when crafting new commercials for Powerade.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Review Board Recommends Dr. Squatch Discontinue Jukebox “Detergent” Claims; Finds Jukebox Soap “Natural” Claims Supported
New York, NY – November 22, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Dr. Squatch, LLC discontinue referring to products that may compete with its Jukebox Soap products as consisting of, containing, or being detergents. However, the NARB panel determined that Dr. Squatch provided a reasonable basis for its “natural” claims for Jukebox Soap.
Dr. Squatch’s Jukebox brand distinguishes itself from competing bars and cleansers as “real” soap made with natural ingredients. The advertising at issue had been challenged by Unilever U.S., Inc., manufacturer of Dove brand cleansers and body washes. Following a decision by the National Advertising Division (NAD) (Case No. 7195), Dr. Squatch appealed and Unilever cross-appealed.
Detergent Claims
In agreement with NAD, the NARB panel concluded that referring to competitive products as being or containing detergents communicates the unsupported message that competitive products are harsh to the skin. The NARB panel further agreed with NAD that consumers are not likely aware of the Food and Drug Administration’s (FDA) technical definitions, and accordingly, it is misleading for Dr. Squatch to refer to the FDA’s definition in referencing competing products as “synthetic detergents.”
Natural Claims
In agreement with NAD, the NARB panel concluded that Dr. Squatch provided a reasonable basis for its “natural” claims. In so finding, the NARB panel noted that:
- An analysis of consumer expectation is the proper standard for what is or is not natural.
- Saponification would be regarded by reasonable consumers as minimal processing, and therefore consistent with identifying the product as natural.
- Jukebox products are made almost entirely from natural or naturally derived ingredients.
Claims about Jukebox’s Leadership
In the underlying decision, NAD recommended that the statement “Who run the world? Girls” in conjunction with the statement “From our world-class natural perfumers and in-house artisan soap makers to our bubbly leadership, we’re a band of music & soap-lovin’ ladies” be modified to avoid conveying the message that Jukebox is a women-run brand. The NARB panel determined that NAD reached the correct conclusion on this issue.
During the appeal, Dr. Squatch presented the NARB panel with modified advertising in which the heading “Who run the world? Girls?” has been replaced with “Meet the Band.” The NARB panel concluded that the revised advertising communicates a different message than the claim language that had been challenged and is properly supported because it refers to the hands-on, directly responsible personnel who, based on the evidence, are primarily women.
Dr. Squatch stated that it “appreciates NARB’s careful review of the record in this appeal and will comply with the recommendations made by NAD and NARB in its future advertising.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
BEEAH enters strategic partnership with KSA’s SIRC and ALMQR, establishing a sustainable waste management company to advance circularity in Madinah
BEEAH, the Middle East’s leading sustainability and digitalisation pioneer, the Saudi Investment Recycling Company (SIRC), a wholly-owned subsidiary of the Saudi Public Investment Fund (PIF); and Al-Maqar Development Company (ALMQR), the investment arm of the Municipality of Madinah, have signed an agreement to establish a limited liability company that will develop and provide integrated waste management solutions in the Province, from collection of waste at the source through to treatment, recycling and disposal in the general landfill.
The signing ceremony, which took place earlier this week in the city of Yanbu, was witnessed by His Royal Highness Prince Faisal bin Salman bin AbdulAziz Al-Saud, Governor of Madinah Province, in the presence of His Excellency Eng. Abdulrahman bin Abdulmohsen Al-Fadley, Minister of Environment, Water and Agriculture, and His Excellency Eng. Fahad bin Mohammed Albelaihshi, Secretary of Madinah Province. The agreement was signed by Khaled Al Huraimel, Group CEO of BEEAH, Eng. Ziyad AlShiha, Group CEO of SIRC, and Majed Alshalhoob, CEO of ALMQR.
Speaking on the partnership, Khaled Al Huraimel, Group CEO of BEEAH, said: “We are pleased to partner with SIRC and ALMQR, two institutions leading the way in the areas of circularity and urban development. BEEAH looks forward to drawing from our experience in waste management in the Holy City of Madinah and in the UAE, where we have achieved several regional firsts. By combining our strengths with SIRC and ALMQR, we look forward to achieving new benchmarks in sustainable waste management, supporting the development of thriving communities, shaping the circular economy and progressing towards a zero-waste to landfill future in the Province of Madinah.”
As per the agreement, BEEAH, SIRC and ALMQR will work together to drive innovation and efficiencies across the waste management value chain, from waste collection to waste treatment and enhanced material recovery. Ultimately, the partnership aims to foster the circular economy while shaping a cleaner and greener province in alignment with KSA Vision 2030 and the United Nations Sustainable Development Goals.
Speaking about the partnership, Eng. Ziyad AlShiha, Group CEO of SIRC, said: “Creating local and global partnerships are key to innovation and investing in circular economy solutions. The Holy City of Madinah is an important area for the Kingdom and for SIRC, as we work to drive the circular economy. Through this partnership with ALMQR and BEEAH, we look forward to implementing advanced solutions and leveraging recycling best practices to uncover value across the waste management chain in Madinah.”
In 2020, BEEAH partnered with the Municipality of Madinah to oversee waste management in the North, West and East regions of the Holy City. BEEAH has already implemented a range of solutions encompassing waste collection, transportation, sterilisation, and disinfection of waste containers. These operations are facilitated by a substantial workforce of thousands of skilled professionals and best-in-class equipment, including waste collection trucks and street sweepers.
After it was founded in 2007, BEEAH began its waste management operations in the emirate of Sharjah, where it has steadily grown an integrated, digitally-enabled waste management ecosystem that has positioned the organisation as an industry leader in the region. From waste collection operations powered by a digital fleet optimisation platform and a network of RFID-tagged bins to integrated, digitally-tracked material recovery across 10 specialised facilities and waste-to-energy innovation, BEEAH has achieved a 90% landfill waste diversion rate in the emirate of Sharjah, the highest in the region. By expanding regionally through partnerships and collaboration, BEEAH is scaling its waste management solutions and innovations to contribute to circularity and a sustainable future in the UAE, KSA and across the Middle East.
Contact Information
Name: Mohamed Salim Allawi
Email: mallawy@beeahgroup.com
Job Title: Media Relations Specialist
National Advertising Division Inquiry Leads to Removal of Glow Fairy Advertisement on Beauty Website
New York, NY – November 21, 2023 – Through its advertising monitoring program, BBB National Programs’ National Advertising Division (NAD) inquired about Glow Fairy advertising on the Beauty and Style Daily website, which included the claim “2023’s ‘5 Best’ Eye Creams on the Market.”
NAD’s inquiry focused on whether the format of the challenged advertising reasonably communicated that the Glow Fairy product recommendations on Beauty and Style Daily were independent editorial endorsements or advertisements.
Toward the end of the inquiry, the hyperlink connecting the Beauty and Style website and the Glow Fairy website was removed and the site became non-functional.
During its inquiry, NAD found that there was no disclosure that the Beauty and Style Daily site was advertising Glow Fairy products. Yet the top recommended product on its website was a Glow Fairy product and the links to purchase other products led consumers to the Glow Fairy website. Further, the “About us” hyperlink at the bottom of the Beauty and Style webpage directed consumers to the Glow Fairy website.
NAD noted that consumers should understand when digital publishers have a relationship with a brand they are promoting and when the content they are viewing is advertising. This enables consumers to better distinguish between editorial and advertising content.
NAD cautioned Glow Fairy to disclose when it is advertising and avoid displaying advertising content as independent editorial endorsements.
In its advertiser statement, Glow Fairy stated that it “will comply with NAD’s recommendation” and indicated that it “has stepped up efforts to monitor claims made by third-parties in hopes of furthering efforts to prevent misleading claims and maintaining brand integrity.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
LexisNexis Wins Two AMEC Awards for Global Communication Excellence
The International Awards Program Recognizes Best Practices in Research, Measurement, Insight, and Analysis
November 20, 2023 — NEW YORK CITY, NY — LexisNexis Legal & Professional, a leading provider of content and technology solutions, has been awarded two bronze awards by the International Association of Measurement and Evaluation of Communication (AMEC). Now in its 21st year, the global awards program recognizes and celebrates the importance of research, measurement, insights, and analytics.
“Being recognized in these categories reflects not only the achievements and results of our clients, but the trust they put in our team to deliver against their communication goals,” said Jean-Christophe Lahary, Head of Project and Solution Management team at LexisNexis. “It’s rewarding to have our contributions recognized by AMEC.”
These efforts were led by the company’s Nexis® Media Intelligence and Research & Analytics service. The service combines media metrics and human analysis to understand how traditional and social media performance contributes to an organization’s goals and objectives.
LexisNexis was awarded in each category it was a finalist for, including:
- Best Use of a Measurement Framework (LexisNexis & TUI– Building and measuring trust in TUI with regionalised PR)
- Best Use of New Technology in Communications Measurement (LexisNexis & Porter Novelli, Almond Board of California– Coverage metrics made modern and precise at Almond Board of California)
For more information about the awards, visit https://amecorg.com/awards/winners-2023/
About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis®and Nexis®services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
About the AMEC
AMEC is the world’s largest media intelligence and insights professional body, representing organisations and practitioners who provide media evaluation and communication research. AMEC has grown from seven members to nearly 200 in its 25th anniversary year, representing organisations based in 86+ countries, and more than 1,000 professionals dedicated to measurement and evaluation best practices across the globe. AMEC thinks and operates internationally, forming working groups from different countries to work together on new initiatives, all reinforced by its vibrant chapters in Asia Pacific, Europe, Latin America and North America.
For more information about Nexis® Media Intelligence Solutions visit
www.lexisnexis.com/mediaintelligence
Media Contact:
Leela Bozonelis
leela.bozonelis@lexisnexis.com
+1 929 383 8781
National Advertising Division Recommends SharkNinja Discontinue Claim that SpeedStyle Hair Dryer Results in “Up to 6x Less Frizz”
New York, NY – November 16, 2023 – In a Fast-Track SWIFT challenge brought by Dyson, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that SharkNinja Operating, LLC discontinue the claim that its SpeedStyle hair dryer results in “up to 6x less frizz” versus air drying.
Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD.
The challenged claim, that use of the SpeedStyle with its RapidGloss Finisher styling attachment results in “up to 6x less frizz,” appeared in various places on Shark’s website and is accompanied by a disclosure that the comparison is “*vs. air-drying, based on a 600-person survey.” At issue for NAD was whether the survey Shark conducted was a good fit for the claim.
NAD determined that Shark’s survey was not a good fit for a claim touting a quantified reduction in the amount of frizz because it did not measure a numeric reduction in the amount of frizz through either objective measurement or subjective observations. Rather, the survey recorded whether the participants observed the presence or absence of “frizz” after air drying or after drying hair with the Shark SpeedStyle and the RapidGloss attachment.
Therefore, NAD recommended Shark discontinue the “up to 6x less frizz” versus air drying claim but noted that nothing in its decision precludes Shark from making other supported claims relating to the perception of frizz based on a reliable survey.
In its advertiser statement, Shark stated that it “will comply with NAD’s decision” although it “disagrees with NAD’s finding that Shark’s evidence was not a good fit for the claim that Shark SpeedStyle with RapidGloss finisher can result in up to 6 times less frizz as compared to air drying.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Jennie Rosenberg
jrosenberg@bbbnp.org
Job Title: Media Relations
National Advertising Division Finds RxSugar® Does Not Suggest Prescription Grade; Recommends Nutrishus Brands Discontinue or Modify Certain Other Claims
New York, NY – November 15, 2023 – The National Advertising Division (NAD) of BBB National Programs concluded that the brand name “RxSugar®” does not suggest that the product is prescription grade, however, NAD recommended that Nutrishus Brands, Inc. modify or discontinue certain RxSugar® claims:
- Qualifying the RxSugar® name to avoid conveying the message that RxSugar is or contains sugar;
- Modifying the phrase “plant-based certified sugar” to make clear that the certification pertains to the plant-based attribute of RxSugar® products; and
- Discontinuing the claim that RxSugar® is “real sugar . . . just like your traditional sugar, except for one piece. It is missing one particular molecule, so the body doesn’t recognize it as sugar” or modifying it to accurately illustrate the chemical differences between RxSugar® and sugar.
The claims at issue were challenged by the Sugar Association, Inc., a trade group that represents the interests of the sugar industry and supports scientific research and consumer education about the role of sugar in human health.
Nutrishus’ RxSugar® brand is made from allulose, a “rare” sugar that is chemically distinct from sucrose (table sugar) and differs from sucrose in a number of ways, including how it is metabolized in the human body.
Product Name
NAD concluded that the use of “Rx” did not convey the express message that RxSugar® products were prescription or prescription grade products, nor the alleged implied message that RxSugar® products were healthier than regular sugar.
However, NAD determined that the name RxSugar® expressly conveys the misleading message that RxSugar® products contain sugar (sucrose) and that the labeling elements, including the statement of identity, did not make it clear that the product is allulose sugar – an alternative to sugar as consumers commonly understand the term. Therefore, NAD recommended that the RxSugar® name be modified, including qualifying the name to avoid conveying the message that RxSugar® is or contains sugar.
Certified Sugar
NAD concluded that the phrase “plant-based certified sugar,” as it was presented in Nutrishus’ QVC commercial, was misleading because it was not clear what the phrase means or what exactly is being certified. Therefore, NAD recommended that the claim be modified to make clear that the certification pertains to the plant-based attribute of RxSugar® products.
Just Like Your Traditional Sugar
NAD determined that the statement that allulose is “just like your traditional sugar except for one piece…” oversimplifies the chemistry at issue and conveys a misleading message about the differences between allulose and sugar as consumers commonly understand the term. NAD therefore recommended that Nutrishus discontinue the claim that RxSugar® is “. . . just like your traditional sugar, except for one piece. It is missing one particular molecule so the body doesn’t recognize it as sugar” or modify it to accurately illustrate the chemical differences between RxSugar® and sugar.
In its advertiser statement, Nutrishus stated it “will comply with NAD’s decision” and that it is “pleased to include additional information on its label and in its advertising so that there can be no mistake that RxSugar® is not what is commonly known as ‘sugar’ (sucrose).” Nutrishus further stated that it “supports any direction that further highlights the products’ distinction” from sugar.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations
LexisNexis Expands Legal Generative AI Ecosystem for Lawyers & Law Schools
Company launches Lexis Snapshot with free preview for commercial customers and introduces Lexis Create enhanced with generative AI capabilities in Microsoft Word
NEW YORK – LexisNexis® Legal & Professional, a leading global provider of information and analytics, today announced the expansion of its generative AI-enabled legal product ecosystem that supports conversational search, intelligent legal drafting, insightful summarization, and document analysis. According to an early user survey, the recently launched Lexis+ AI™ is already driving significant productivity benefits; and select law school faculty are next in line to experience Lexis+ AI. LexisNexis is introducing a new generative AI service called Lexis® Snapshot that alerts users to summaries of legal documents across the LexisNexis portfolio, and Lexis+ AI capabilities are now available in the Lexis® Create document drafting tool that’s integrated into Microsoft Word.
Lexis+ AI
Lexis+ AI is a generative AI solution designed to transform legal work. Its answers are grounded in the world’s largest repository of accurate and exclusive legal content from LexisNexis with industry-leading data security and attention to privacy. LexisNexis is focused on the continuous improvement of Lexis+ AI through customer feedback and the rapid development and introduction of new features and capabilities.
According to a survey among commercial preview customers, 86% agree that Lexis+ AI is easy to use. Respondents also report that Lexis+ AI is driving significant productivity gains in law firms:
- 89% estimate they will save up to 6 hours per week on summarizing case law
- 78% estimate they will save up to 4 hours per week on legal drafting
- 77% estimate they will save up to 6 hours per week uploading and summarizing documents
- 74% estimate they will save up to 7 hours per week on legal research
“Lexis+ AI is a fascinating product worth using to save time,” said Judy Andresen, Business and Legal Research Analyst, DLA Piper.
Greg Lambert, Chief Knowledge Services Officer at Jackson Walker LLP strongly agrees Lexis+ AI is both useful and trustworthy. “I have found the ability to prompt the legal research tool with a common language query to be extremely useful and the results have been very good. It gives me a great place to start.”
According to Sukhdeep Gosal, Deputy District Attorney, Sutter County District Attorney’s Office, Lexis+ AI “works great with simple, quick questions you need answered without having to go through a whole bunch of cases or laws.”
To date, Lexis+ AI has been developed with commercial preview users from leading global law firms, corporate legal departments, U.S. small law firms, and U.S. courts, and the company plans to expand its commercial preview program to legal professionals in Canada, the UK, France, and Australia in 2024.
Now, law school librarians, legal research and writing, and legal technology professors at all U.S. American Bar Association (ABA) accredited law schools will have access to Lexis+ AI. Feedback from this set of customers will be used to further refine the solution, develop cutting-edge and ethical AI education tools, and inform the product’s introduction to additional faculty.
Lexis Snapshot
LexisNexis is also injecting generative AI capabilities across its product portfolio. The new Lexis Snapshot service utilizes the power of generative AI to deliver summarized complaint filings for civil cases across the U.S. Federal District Court. Snapshot delivers key insights including the nature of the case, plaintiff and defendant information, alleged harm, and requested remedies, which saves hours of research time and accelerates both business development opportunities and response time.
The alerting service ensures business development and client impacts are identified as quickly as possible. At launch, the Lexis Snapshot service can be added to CourtLink, with a view to expand the service to additional products and document types within the LexisNexis generative AI-enabled legal product ecosystem in future releases. The Lexis Snapshot service will be free to preview for CourtLink customers through the end of 2023.*
Lexis Create
In the U.S., LexisNexis is enhancing its generative AI capabilities directly where legal professionals work and extending its long-standing relationship with Microsoft through the general availability of Lexis Create, a comprehensive, intelligent drafting solution available as an add-on for Microsoft Word. Lexis Create puts Practical Guidance and Market Standards content, Shepard’s Citations, AI-powered Clause Intelligence, and other powerful recommendation and collaboration tools directly into the legal drafting workflow, helping users get started quickly and work confidently throughout every stage of their draft. The legal drafting solution now integrates directly with Lexis+ AI, further increasing the speed and ease of legal drafting.
“We’ve seen unprecedented demand for Lexis+ AI, and early usage results reinforce how transformative LexisNexis generative AI technology is for our customers’ work,” said Sean Fitzpatrick, CEO of LexisNexis North America, UK, and Ireland. “We’re rapidly introducing generative AI capabilities across our entire legal product portfolio to accelerate our customers’ success and to deliver significant productivity, work quality, and value gains for their firms and institutions.”
LexisNexis is responsibly developing legal AI solutions with human oversight. LexisNexis, part of RELX, follows the RELX Responsible AI Principles, considering the real-world impact of its solutions on people and taking action to prevent the creation or reinforcement of unfair bias.
For more information on generative AI capabilities at LexisNexis and to schedule a Lexis+ AI demo, visit www.lexisnexis.com/ai.
To learn more about Lexis Snapshot and Lexis Create, visit lexisnexis.com/lexis-snapshot and lexisnexis.com/lexis-create.
*Excludes LexisNexis government customers and/or where free previews are prohibited.
About LexisNexis Legal & Professional
LexisNexis® Legal & Professional provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
Media Contact
Dana Greenstein
Director of Communications, North America & UK
LexisNexis Legal & Professional
212-448-2163
dana.greenstein@lexisnexis.com