Tag: Go Media2

New York, NY – October 31, 2023 – In a challenge brought by Bath & Body Works, LLC (B&BW), the National Advertising Division (NAD) of BBB National Programs determined that the tagline “Bath, Body & Home” was not misleading, but recommended that Goose Creek Candles, LLC:

• Discontinue certain claims regarding the ingredients found in competitor’s products.
• Discontinue the challenged claims that Goose Creek candles have longer lasting and stronger fragrances than its competitors.
• Modify its “Made in USA” claims.
• Modify disclosures used in connection with advertising featuring actors portraying consumers.
• Require the @TheCandleChannel vlogger to disclose material connections in certain videos.
• Modify consumer posts to disclose incentivized reviews.

Ingredient Claims

NAD found that one message reasonably conveyed by Goose Creek’s “avoid the harmful chemicals found in other body care products” claim is that other competitive body care products contain harmful chemicals. NAD determined that the record did not support this claim and recommended that it be discontinued, as well as implied claims that competitors’ products contain harmful chemicals.

Fragrance Claims

NAD determined that the advertising at issue conveys the message that Goose Creek candles last longer and have a stronger fragrance than competitors. NAD found insufficient evidence to support these superiority claims and recommended the following fragrance claims by Goose Creek be discontinued:

• “When it comes to fragrance, Goose Creek beats the competition time and time again”
• “So much stronger than other store brands”
• “Stronger, longer-lasting fragrances!”

NAD also recommended that Goose Creek discontinue any advertising that implies that Goose Creek candles are stronger or longer lasting than competing candles.   

Made in U.S.A. Claims

NAD recommended that Goose Creek modify its “Made in USA” claims (“poured in the USA with the highest ingredients from around the world”) to be consistent with FTC guidance and limit claims to the processes or candle ingredients that are made in the USA.

Endorsements

NAD determined that several videos across Goose Creek’s online platforms convey the message that people featured are actually consumers, not actors, who are giving their opinions. NAD recommended that any Goose Creek content featuring actors portraying consumers be modified to clearly and conspicuously disclose, in both audio and video, that actors have been employed in the videos.

Further, NAD reviewed videos posted by a candle vlogger @TheCandleChannel, who became a label designer for Goose Creek Candles in July 2023. NAD determined that Goose Creek’s relationship with @TheCandleChannel vlogger is a connection that would likely affect the weight or credibility of the endorsements and is a material connection that must be clearly and conspicuously disclosed.

For this reason, NAD recommended that Goose Creek require @TheCandleChannel to modify any video created after the date of employment with Goose Creek to include a clear and conspicuous material connection disclosure.

Consumer Reviews

B&BW challenged consumer reviews that appear on Goose Creek’s website as well as 5-star video reviews. NAD found there was no evidence that Goose Creek’s review collection process persuades consumers to leave only positive reviews and determined that Goose Creek’s review collection process incentivizes both positive and negative reviews.

However, because Goose Creek’s incentivized consumer reviews are not disclosed, NAD recommended that all consumer reviews posted or re-posted by Goose Creek be modified to include a clear and conspicuous disclosure that the review was incentivized.

Tagline

NAD determined that the tagline “Bath, Body & Home” does not convey a misleading message that equates Goose Creek products with B&BW products. 

In its advertiser statement, Goose Creek stated that “while Goose Creek believes that its advertising verbiage and methods have truthfully conveyed the many benefits of its products, it appreciates the NAD’s thorough review and guidance” and “agrees to comply with the NAD’s recommendations regarding its 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.  

McLean, VA – October 25, 2023 – The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs has referred direct selling company Sweet Minerals, LLC to the Federal Trade Commission (FTC) and the Maryland Attorney General’s Office for possible enforcement action. The referral comes after Sweet Minerals failed to respond to a DSSRC inquiry into earnings and product performance claims made on social media by its salesforce members. 

DSSRC is an independent national advertising self-regulation program that monitors advertising and marketing claims in the direct selling industry. Sweet Minerals is a direct selling company that markets makeup, personal care, skincare, and cosmetics products. 

The earnings and product performance claims at issue in this case include, but are not limited to:

Earnings Claims

• “Unlimited income”
• “part-time or full-time income”
• “Grow a team and earn recurring monthly income if desired! …win prizes such as past trips to Cancun, Montego Bay and Punta Cana with the Sweet Minerals team!”
• “I have made over $500 cash in my wallet, over $600 free makeup money, and all kinds of free goodies in less than 90 days!!

Product Performance Claims

• “I have in the past had dermatitis…I had tried all kinds of creams from the doctors and everything but nothing ever healed it…now that I’m using healthy products that are natural it has actually transformed my skin to be absolutely amazing.”
• “I was diagnosed with Rosacea at 24, and have struggled for many years to find relief. Over the course of a few weeks wearing the Sweet Minerals makeup, I noticed a remarkable decrease in the frequency and intensity of my skin flare ups and irritation”

DSSRC determined that these posts expressly and inaccurately claim that Sweet Minerals salesforce members can earn full-time and/or unlimited income, receive free trips, and that Sweet Minerals’ products can effectively treat serious skin conditions.

After multiple attempts, Sweet Minerals has failed to respond to DSSRC’s inquiry to provide substantiation for the challenged claims, including competent and reliable scientific evidence to support the health-related product performance claims. Pursuant to DSSRC Policies and Procedures, Sweet Minerals has now been referred to the FTC and the Maryland Attorney General’s Office for possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DSSRC decisions, visit the DSSRC Cases and Closures webpage.

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

About the 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. 

New York, NY – October 18, 2023 – The National Advertising Division (NAD) of BBB National Programs has closed a Fast-Track SWIFT challenge initiated by Fareportal Inc., operator of the online travel agency websites CheapOAir.com and OneTravel, regarding advertising by Smarter Travel Media LLC.

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

Fareportal challenged Smarter Travel’s “80% off” travel bookings claim featured in search engine ads for BookingBuddy.com, including Google searches for “CheapOAir” with headlines such as “80% Off Cheap Flights? – 80% Off Student Flights?”

Fareportal argued that the challenged claim was not supported. In response to Fareportal’s SWIFT challenge, Smarter Travel informed NAD that during the inquiry it was voluntarily and permanently discontinuing all variations of its “80% off” claim in its online advertising. Therefore, NAD did not review the claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued.

Smarter Travel agreed to comply. In its advertiser statement, Smarter Travel stated that its “search engine listings have included headlines framed as disbelieving questions – i.e., ‘80% Off . . . ?’ It added “Smarter Travel continues to view such phrasing as properly inviting healthy skepticism on the part of consumers. Yet, we acknowledge the view that at least some readers could misconstrue it as making an affirmative (albeit implied) claim.”

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.  

New York, NY – October 12, 2023 – In a challenge brought by T-Mobile US, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Comcast Cable Communications, LLC provided a reasonable basis for its “Next Generation” claim for its “Xfinity 10G Network,” as well as the implied claim that it has already achieved a major technological revolution.

However, NAD recommended that Comcast:

• Discontinue its “10G” claims or qualify them to (a) make clear that Comcast is implementing improvements that will enable it to achieve “10G” and that 10G is aspirational, or (b) use “10G” in a manner that is not false or misleading, and
• Modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades to its network that are continuing to be implemented. T-Mobile challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements on television and online.

“10G Claims”

NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim that means 10 Gbps or 10^th Generation.

In evaluating support for this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps speeds. However, only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and to access that service tier requires the installation of fiber to the premises. Further, NAD determined that the evidence in the record was insufficient to support the broad, unqualified message that the “Xfinity 10G Network” is vastly superior to 5G. 

For these reasons, NAD concluded that Comcast did not provide a reasonable basis for its 10G claims and recommended that Comcast discontinue the claims:

• “10G”
• “Xfinity 10G”
• “Xfinity 10G Network”

Alternatively, NAD stated that Comcast may modify its advertising to (a) make clear that it is implementing improvements that will enable it to achieve “10G” and that it is aspirational or (b) use “10G” in a manner that is not false or misleading, consistent with this decision. NAD noted that nothing in its decision would prevent Comcast from making a more qualified claim, if supported, about the superiority of its network over 5G.

“Next Generation” and Technological Revolution Claims

Based on upgrades to Comcast’s network reliability, lower latency, and other features, NAD determined that Comcast provided a reasonable basis for its “Next Generation” claim and implied claims that it already achieved a major technological revolution. 

Power Outage Implied Claim

T-Mobile argued that Comcast’s “What a Time to Be Alive” commercials convey the message that Xfinity customers’ home internet is uninterrupted during power outages, but the claim is premature because the Xfinity website stated that “storm-ready” WiFi is “coming soon.”

As the record did not include details on the effectiveness of this monitoring technology in ensuring that customers can still stream a movie uninterrupted when power runs out, NAD found that Comcast did not provide a reasonable basis for this claim. Therefore, NAD recommended that Comcast modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the “Xfinity 10G Network” brand name constitutes an ‘express claim’” and NAD’s assessment of survey evidence submitted by T-Mobile.

T-Mobile will cross-appeal NAD’s determination regarding Comcast’s “Next Generation” and technological revolution claims.

Appeals of NAD decisions are made to the BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.

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

New York, NY – October 12, 2023 – In a challenge brought by Verizon Communications Inc, the National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications, LLC discontinue the claim “10G” for its Xfinity 10G Network or qualify the claim to make clear that Comcast is implementing improvements that will enable it to achieve 10G and that 10G is aspirational or use “10G” in a manner that is not false or misleading.

In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades that continue to be implemented. Verizon challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements online and on television.

NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim.

In evaluating this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps. However, NAD determined that the 10 Gbps message was not substantiated because only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and access to that service tier requires installation of fiber to the premises. Further, NAD concluded, that to the extent that consumers understand 10G as referring to 10^th generation mobile technology, this message is also unsupported.

For these reasons, NAD recommended that Comcast discontinue the claim “10G.”

Alternatively, NAD stated that Comcast may modify the claim by (a) qualifying it to make clear that they are implementing improvements that will enable it to achieve 10G and that 10G is the aspiration, or (b) using it in a manner that is not false or misleading consistent with this decision.

In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the Xfinity 10G Network brand name constitutes an ‘express claim.’”

Appeals of NAD decisions are made to the BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.

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