Tag: Go Media2

Average law firm partner rates rose 5.4% in 2023, the highest levels since the first CounselLink Trends Report in 2013; Median partner billing rate in 750+ law firms is 61% higher than the next smaller tier 

RALEIGH, N.C. — In 2023, law firm billing rates rose at a record-setting pace with partner billing rates up, the highest levels recorded over the last 11 years, an exclusive new report has found from LexisNexis^® CounselLink^® , a leading cloud-based enterprise legal management solution for corporate law departments.

Average partner rates increased by 5.4% in 2023, up from 4.6% in 2022 and 3.4% in 2021. The 2023 boost to partner fees crosses all law firms and practice areas except Environmental.

Law firms of 750+ lawyers, considered Large Law, continue domination in share of wallet with a median partner billing rate 61% higher than the next tier. The gap in billing rates between Large Law and other tiers continues to widen.

“In this global economy affected by inflation, supply chain issues and regional conflict, the impact on legal services is significant,” said Pamela Gelfond, Vice President of LexisNexis CounselLink. “Our report provides a comprehensive snapshot of how these market factors affect the dynamic between corporate legal and law firms. We’re hopeful that the insightful data in this CounselLink report provides what’s needed for our clients to successfully maneuver these shifting sands.”

The CounselLink trends report draws on the extensive CounselLink database of more than $59 billion in legal spending across more than 460,000 timekeepers and more than 1.6 million matters. It provides detailed insights on seven key metrics, including law firm partner fees by firm size, hourly rates by practice area, firm size, and location, and a snapshot of hourly rates in 18 countries.

Other key findings in the report include:

• Despite reports to the contrary, there is no indication that clients are moving legal work from Large Law to mid-sized firms. The largest tier of firms has shown growth in share of wallet over each of the last two years, from generating 45.5% of legal billing in 2021 to 48.2% in 2023.

• Large law firms particularly dominate the market in Mergers & Acquisitions, Finance Loans & Investments, Corporate, Commercial and Contracts, and Regulatory & Compliance. Within these five practice areas commanding the highest billing rates, Large Law increased its share of wallet from 59.0% in 2022 to 60.3% in 2023.
• In 2023, the median partner in the largest law firms billed at a rate that was 61% higher than the median partner in the next tier of firms, the largest gap in partner rates recorded in the CounselLink Trends Report since 2013. The differential in 2022 was 49%. The Median partner rate in Large Law was $991 per hour in 2023 compared to $615 per hour in the next tier.
• Significantly, as partner rates continued to rise in 2023, matter rates did not rise across most practice areas. This indicates that management of matter mix (rates, timekeepers, alternative fee arrangements) is working favorably for corporate legal.

“Every day, corporate legal faces budget management challenges and the pressure of higher outside counsel fees. The insights provided in our CounselLink Trends Report add a layer of needed intelligence to gauge satisfaction with record-setting fees compared to the quality of legal services delivery,” said Gelfond. “New data in the report indicates share of legal spend for new matters showing a slight shift in how organizations award them. The CounselLink benchmarking database, a gold mine, enables us to spotlight analytics that benefit legal department performance.”

The CounseLink 2024 Trends Report: Dynamics Shaping the Future of Legal, now in its 11^th consecutive year, is available here.

About CounselLink^®

LexisNexis^® CounselLink^® is a leading enterprise legal and contract lifecycle management solution designed to help corporate legal departments gain visibility into their work, matters, contracts, vendors, and financials. CounselLink delivers Work Management, Financial Management, Matter Management, Contract Lifecycle Management, and Vendor Management solutions in one easy-to-use, cloud-based platform for controlling costs, maximizing productivity, and making better decisions — all supported by powerful analytics that provides data to demonstrate legal department value across the enterprise. For nearly 30 years, LexisNexis has been providing innovative solutions for corporate legal departments crafted from the insights of thought leaders, industry expertise, and customer feedback. Visit us online.

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 11,800 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

 

Media Contact:
Tracey Iverson, CounselLink
tracey.iverson@lexisnexis.com

 

New York, NY – April 22, 2024 – In a challenge brought by TPR Education, LLC d/b/a The Princeton Review (TPR), BBB National Programs’ National Advertising Division recommended Blueprint Test Preparation LLC discontinue certain express and implied claims made in connection with its four Medical College Admissions Test (MCAT) preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

+15 Point Claims

In support of the claim that Blueprint MCAT-prep students raise their scores by 15 points on average, Blueprint relied on two studies of past students who took a diagnostic test prior to the course and who met certain diligence criteria. The National Advertising Division (NAD) noted that advertising that touts a test preparation course’s ability to improve a test score can compare actual test scores to diagnostic test scores if the diagnostic results are demonstrated to be consistent with the results of the actual MCAT (and thus consumer relevant), the survey of test scores is reliable, and the basis of comparison is clear.

However, NAD found certain Blueprint claims, which refer to a 15- or 13-point increase over “official MCAT scores,” could reasonably convey the message that the improvement reflected a comparison of official MCAT tests. Therefore, NAD recommended Blueprint discontinue such claims but noted that other score increase claims can be qualified to state the comparison with diagnostic or practice test scores.

Further, NAD determined that Blueprint’s evidence was insufficient to support the +15 score claim for its Live Online course or all Blueprint courses and recommended that the company discontinue claims that:

• Blueprint students raise their MCAT scores by 15 points on average.
• The average MCAT score increase of Blueprint students is +15 points and 28% raise their MCAT scores by +20 or more points; 52% raise their MCAT scores by +15 or more points; and 83% raise their MCAT scores by +10 or more points.
• Blueprint’s Live Online Course students raise their MCAT scores by 15 points on average.
• Students who take Blueprint MCAT courses can expect to improve their scores on the official MCAT exam on average by +15 points.
• The average score improvement of all Blueprint MCAT students is 15 points.

+13 Point Claims

At the time of the challenge, Blueprint also made +13 point claims on the webpage of the Self-Paced Course, as well as on a separate webpage dedicated to the claim. The National Advertising Division (NAD) determined that Blueprint’s evidence did not provide a reasonable basis for these claims and recommended the company discontinue claims that:

• Blueprint students raise their MCAT scores by 13 points on average.
• The average MCAT score increase of Blueprint students is +13 points and 15% of Blueprint students raise their MCAT scores by +20 or more points; 41% raise their MCAT scores by +15 or more points; and 69% raise their MCAT scores by +10 or more points.
• Blueprint’s Self-Paced Course students raise their MCAT scores by 13 points on average.
• Blueprint students are statistically more likely to do well on the MCAT.
• Students who take Blueprint MCAT courses can expect to improve their scores on the official MCAT exam on average by +13 points.
• The average score improvement of all Blueprint MCAT students is 13 points.

Superiority Claims

The National Advertising Division (NAD) recommended that Blueprint discontinue or modify the claim that “Blueprint students are statistically more likely to do well on the MCAT,” but found the claim did not convey a superiority message over competitors. In so finding, NAD noted that while the claims that follow limit the claim to a comparison to all MCAT test takers, there is no evidence in the record that analyzes Blueprint students as compared to all MCAT test takers.

In its advertiser statement, Blueprint stated that it was “pleased that the NAD has provided some concrete suggestions as to how members of the test prep industry can better document the reliability, representativeness, and relevance to students of the point increases achieved on the official MCAT relative to the diagnostic test,” and that it “will comply with the decision.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

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

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

• Three one-MICHELIN-Star restaurants added in Miami, four in Orlando and two in Tampa, bringing new total to 26
• Green Star restaurants added to the selection for the first time
• 149 restaurants, 38 cuisine types make up Florida’s 2024 selection

 

TAMPA, Fla., April 18, 2024 — Nine restaurants joined the sought-after group of MICHELIN-Starred restaurants in Florida, as the 2024 selection of the MICHELIN Guide Miami, Orlando and Tampa was announced Thursday night at the Tampa EDITION hotel.

In total, 26 restaurants were awarded Stars by the anonymous MICHELIN Guide inspectors, with L’Atelier de Joël Robuchon Miami remaining atop the list with two MICHELIN Stars. This year’s selection includes 149 restaurants and 38 types of cuisine with the new Stars including Japanese, Peruvian, Vietnamese and Scandinavian.

“Since the arrival of the MICHELIN Guide to Florida in 2022, there has been significant growth in the state’s local culinary scene, proving Florida is a leading gastronomic destination for travelers near and far,” said Gwendal Poullennec, the International Director of the MICHELIN Guides. “In addition to the nine new restaurants awarded one MICHELIN Star, we are thrilled to announce Green Star restaurants in the selection for the first time, showcasing these restaurants’ commitment to a more sustainable gastronomy.”

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

Orlando

Camille (Vietnamese cuisine)

Chef Tung Phan has taken the pop-up and given it permanence at this space just off Lake Baldwin. Seats at the counter feature the ten-course Vietnamese-French tasting menu, while booths offer an abbreviated version. Rooted in French techniques, Vietnamese flavors are given a refined twist here. The Dungeness crab curry arrives with a tartlet shell, filled with crab meat and mixed with lime, served atop the lid, which when removed, reveals a deliciously hearty curry. Salmon over king trumpet noodles in a tamarind and pineapple sauce is creative, but the best may be saved for last. The sweet potato brioche topped with a “gold” chocolate ice cream and Vietnamese coffee sauce is an elegant finale.

Natsu (Japanese cuisine)

At Natsu, there are just two seatings a night at this intimate omakase where a 10-seat counter dominates a spartan-styled room. Meals begin with four dishes from Chefs Stone and Sky, including chawanmushi and truffle kampachi, served with crispy potato straws and a yuzu truffle vinaigrette for an unexpected flavor combination that is especially memorable. The sushi is impressive and doesn’t gild the lily, as in skin-on barracuda with a dynamic char or soy-marinated salmon that finishes ever-so-sweetly. Supremely buttery toro needs no flourish and is melt-in-your-mouth tender. It all rounds out with a hand roll and ice cream.

Papa Llama (Peruvian cuisine)

Husband-and-wife duo Kevin and Maria Ruiz prepare modern Peruvian cuisine full of bright ingredients with a bit of polish, and the multicourse tasting menu is an approachable (and affordable) way to sample their sincere cooking. Nigiri kicks off the meal with a smart nod to the Peruvian tradition of Japanese fusion, delivering dialed-in flavors with confidence. Bok choy is elevated with bold, contrasting textures, while chicken thigh roulade with aji amarillo aioli is simply spectacular. For dessert, sweet potato donuts over a blueberry compote seal the deal.

Victoria & Albert’s (Contemporary cuisine)

Nestled within Disney’s crown jewel, the Grand Floridian Resort, this restaurant is by no means an easy reservation. The setting is intimate, and the pacing is that of a leisurely, three-hour waltz orchestrated by a gracious brigade of veteran servers. Chef Matthew Sowers cooks with contemporary verve and draws on influences spanning from Asia to the Nordics. Think delicate tarts set with New Zealand langoustine, striking “sandwiches” made with venison carpaccio and red cabbage, and bold sauces like cherry-cola bordelaise. Other details like water lists, an ornate coffee and tea service, and a serious wine program further impress.

Miami

EntreNos (Contemporary cuisine)

Chefs Evan Burgess and Osmel Gonzalez are at the helm of this dinner-only spot where a tightly edited à la carte menu puts the spotlight on Florida’s seasons (and almost everything is sourced from the Sunshine State). The eclectic space has an inviting feel, and the high dining counter offers a prime view of the open kitchen. High-quality ingredients meet serious skill here. The smoked dry-aged cobia is a perfect example of what this place does so well. Dry-aged for one week in-house, then smoked and finished over the grill, it’s served with a Moujean tea beurre blanc sauce. Pumpkin flan is churned into ice cream and topped with pepita granola and coffee espumita for a dessert that is as unexpected as it is delightful.

Ogawa (Japanese cuisine)

Chef/co-owner Masayuki Komatsu commands a presence with an omakase that stuns with a series of enticing cooked dishes and a procession of focused and skillful nigiri. From baby sea eels with a soy-cured quail egg and bigfin reef squid in a shiso-miso sauce to baby snow crab and Japanese-style herring roe, this appetizer of four bites is the first sign that this isn’t your typical sushi counter. Then, lotus root, wild yam and langoustine tempura is sided by a thick sauce made from roasted langoustine shells. After the cooked dishes, nigiri comes next with bright and balanced kisu, creamy ebodai, squid topped with osetra caviar and anago dusted with sansho pepper exemplifying the chef’s skill.

Shingo (Japanese cuisine)

Chef Shingo Akikuni, ever gracious and welcoming, has returned, now back in action behind a spacious, 14-seat counter in Coral Gables. Chef Akikuni and his second-in-command handle the crowd without breaking a sweat and even switch sides midway through the meal. Once the room fills with the sharp smell of vinegar to mix into the sushi rice, it’s off to the races. Fish is sourced almost entirely from Japan, sliced in uniform fashion, and dressed with little more than a swipe of nikiri. They keep a close eye on the seasons too, evidenced by a recent special of high-grade tuna from Aomori prefecture and an indulgent chawanmushi with matsutake.

Tampa

Ebbe (Contemporary cuisine)

Chef Ebbe Vollmer’s eponymous downtown dweller isn’t your typical Tampa restaurant. Scandinavian elements make their way onto the dishes here, hinting at the chef’s Swedish background, and the cooking is both clever and confident without superfluous fuss. Artful plating takes center stage in dishes like the beet roulade with a brown butter and black cherry sauce. Fermented white asparagus beurre monté and sautéed spinach make a beautiful base for tender turbot that comes alive with a quenelle of sturgeon caviar. Braised oxtail with seared foie gras and a brunoise of sunchoke is equally rich and tender.

Kōsen (Japanese cuisine)

Though a two-concept spot (Kō is a separate space for kaiseki), all eyes should be on the omakase, which Chef Wei Chen runs with skill and precision. Delicate sea bream wrapped around sprouts with shaved black truffle delivers dialed-in flavors, while tempura-fried kamasu, served with myoga and chilled, roasted sweet eggplant, is smart and spot on. After a handful of dishes from the kitchen, they progress into the nigiri. There’s plenty of showmanship and style, but the sushi leans traditional without a lot of fuss, as in the kinmedai, seared, then hit with a squeeze of lime.

MICHELIN Green Star

Kaya (Orlando; Filipino cuisine)

Initiatives: more than 90% of produce comes from Florida farms; sourcing produce and seafood from local suppliers with the intention of improving the local restaurant-farmer-community ecosystem; minimizing waste through intentional and creative utilization of byproducts.

Los Félix/Krüs Kitchen (Miami; Mexican/Contemporary cuisine)

Initiatives: elimination of using seed oils; partnership with a local producer who farms on a milpa and fosters the harmony of vegetables; sourcing fish species from a local supplier; grass-fed/grass-finished meats, lamb and heritage pork.

Bib Gourmand

The MICHELIN Guide inspectors found 33 restaurants worthy of the Bib Gourmand distinction, 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 about $50. There were 18 in the Miami area, 11 in the Orlando area and four in the Tampa area.

Special Awards

In addition to the Bib Gourmand and Stars awards, the Guide announced four MICHELIN Special Awards, highlighting particularly skillful professionals from the industry:

The MICHELIN Guide Ceremony is presented with the support of Capital One.

Hotels

The full restaurant selection for Miami, Orlando and Tampa will join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in Florida 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 Florida features the state’s most spectacular hotels, including sustainability pioneers like the Hotel Greystone, standouts from our “Plus” collection like the Esmé and Standard hotels in Miami, restored mid-century motels like the Vagabond Hotel, cutting-edge designs like the Tampa EDITION and Lake Nona Wave Hotel, and even hotels with MICHELIN Guide restaurants, like Faena Miami Beach.

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.

The MICHELIN Guide in North America

Michelin announced its first North American Guide in 2005 for New York. Guides have also been added in Chicago (2011); Washington, D.C. (2017); California (San Francisco in 2008, statewide 2019); Miami/Orlando/Tampa, Florida (2022); Toronto (2022); Vancouver (2022); Colorado (2023); and Atlanta (2023).

About the MICHELIN Guide
Recognized globally for excellence and quality, the MICHELIN Guide offers a selection of world-class restaurants.

• The famous one, two and three MICHELIN Stars identify establishments serving exceptional cuisine that’s rich in flavor, remarkably executed and infused with the personality of a talented chef.
• The Bib Gourmand is a designation given to select restaurants that offer good quality food for a good value – often known as personal favorites among the inspectors when dining on their own time.
• The MICHELIN Green Star honors restaurants that are pioneers in sustainable gastronomy.
• Recommended restaurants and special professional awards are also highlighted by the MICHELIN Guide inspectors.

The MICHELIN Guide remains a reliable companion for any traveler seeking an unforgettable meal and hospitality experience. The Guide was first published in France at the turn of the 20th century to encourage the development of car mobility as well as tire sales by giving practical advice to motorists. Progressively, the Guide has specialized in restaurant and hotel recommendations. Michelin’s inspectors still use the same criteria and manner of selection that were used by the inspectors in the very beginning.

The restaurant selections join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay around the world. Visit the MICHELIN Guide website, or download the free app for iOS and Android, to discover every restaurant in the selection and book an amazing hotel.

Thanks to the rigorous MICHELIN Guide selection process that is applied independently and consistently in more than 40 destinations, the MICHELIN Guide has become an international benchmark in fine dining.

All restaurants in the Guide are recommended by Michelin’s anonymous inspectors, who are trained to apply the same time-tested methods used by Michelin inspectors for many decades throughout the world. This ensures a uniform, international standard of excellence. As a further guarantee of complete objectivity, Michelin inspectors pay all their bills in full, and only the quality of the cuisine is evaluated.

To fully assess the quality of a restaurant, the inspectors apply five criteria defined by Michelin: product quality; mastery of cooking techniques; harmony of flavors; the personality of the chef as reflected in the cuisine; and consistency over time and across the entire menu. These criteria guarantee a consistent and fair selection so a Starred restaurant has the same value regardless of whether it is in Paris, New York or anywhere else in the world.

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 travel 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 23,500 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

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

 

For more information, contact:
Carly Grieff
Michelin North America
carly.grieff@michelin.com

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

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge brought by Blueprint Test Preparation LLC, BBB National Programs’ National Advertising Division recommended that TPR Education, LLC d/b/a The Princeton Review (TPR), discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). Blueprint argued that TPR’s claims of 515+ or +15 points are performance claims that require substantiation.

NAD concluded that the money-back guarantee was clearly and conspicuously disclosed with every iteration of TPR’s claim—either as part of the main claim or immediately afterward. But NAD also concluded that TPR conveyed an affirmative performance claim that a substantial portion of its customers taking these courses will be able to achieve a 15-point increase or a 515+ score. In so finding, NAD noted that TPR is not just claiming that the product will be effective, but that it will be effective in creating particular quantified results.

Since there was no evidence in the record that a substantial proportion of consumers will be able to obtain a 15-point increase or a 515+ score on their MCAT exams by taking TPR’s courses, NAD recommended that TPR discontinue the challenged claims.

In its advertiser’s statement, TPR said that it “agrees to comply with NAD’s recommendations” though it disagrees with “NAD’s finding that the challenged money back guarantee claims convey a performance message.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

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

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

Contact Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations

New York, NY – April 15, 2024 – In a challenge brought by Chosen Foods, LLC, BBB National Programs’ National Advertising Division recommended that Lily of the Desert Nutraceuticals, Inc., discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado oil.

In its decision, the National Advertising Division (NAD) recognized the impact “100%” claims have on consumers, conveying a message of completeness and certainty that vaguer language may not. NAD noted that the label art on Tropical Plantation brand Avocado Oil showcases pristine avocados and avocado oil, reinforcing the message that the product contains a single ingredient. Likewise, NAD noted the back of the bottle claims that the product is “100% Pure Avocado Oil,” “made from Hass Avocados.” 

NAD determined that Lily’s evidence does not individually, or collectively, provide support for the claim that Tropical Plantation is “100% Pure” avocado oil. While Lily’s testing indicates that the oil used meets internal specifications and standards, the authenticity and purity of the source oil remains undetermined.

NAD also determined that the challenged advertising reasonably conveys the implied messages that:

• Lily’s avocado oil is made exclusively from avocado oil;
• Lily’s avocado oil does not contain non-avocado oils, including but not limited to sunflower oil, safflower oil, and soybean oil; and
• Lily’s avocado oil has the chemical properties of other, unadulterated avocado oils.

Therefore, NAD concluded that Lily did not provide a reasonable basis of support for the challenged “100% Pure Avocado Oil” claim and recommended that it be discontinued and that Lily avoid conveying the unsupported message that the product is 100% pure avocado oil.

In its advertiser statement, Lily stated that it will comply with NAD’s recommendations.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

 

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

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

 

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – April 12, 2024 – BBB National Programs’ National Advertising Division determined, as part of its routine monitoring program, that Fenty Skin LLC provided a reasonable basis for the following claims for its Melt AWF Jelly Oil Makeup-Melting Cleanser:

• “From longwear or waterproof makeup, sunscreen, dirt, oil + impurities melt that… AWF in one go.”
• “This unique jelly texture gently delivers clean, nourished + conditioned skin without the stripping or drying.”
• “In a study of 52 people after 1 use ‘100% agreed it gently cleanses skin leaving it clean and fresh, 96% agreed that it cleansed skin without stripping, 92% agreed it removes makeup.’”

The National Advertising Division (NAD) also concluded that product demonstrations featuring influencers were supported by the evidence and that the videos were accurate and not enhanced.

However, NAD recommended that Fenty Skin require its paid influencer, Crème Fatale, to modify a challenged Instagram post to include a clear and conspicuous material connection disclosure in the video demonstration itself, and that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure.

Product Performance Claims

In support of its claims, Fenty Skin relied on the results of independent clinical testing and consumer use surveys, as well as evidence on the mechanism of action for oil and oil-soluble cleansing substances. NAD concluded that these results and evidence provided a reasonable basis for Fenty Skin’s claims.

NAD also inquired about product demonstrations by influencers Sarah Novio and Crème Fatale using Fenty’s AWF Melt Cleanser on TikTok, re-posted by Fenty Skin to its Instagram page. NAD determined that Fenty Skin’s clinical and survey results substantiated the reasonably conveyed message that Melt AWF Cleanser can break down and remove waterproof eyeliner, waterproof mascara, and waterproof foundation in one application.

Endorsement Disclosures

During the proceeding, Crème Fatale’s Instagram page was updated to include both the “paid partnership” disclosure and #ad and #sponsored in the caption and Fenty Skin’s Instagram page was updated to include #AD in the caption.

Although NAD found that Crème Fatale’s “paid partnership” disclosure tells viewers there is a material connection between Fenty Skin and Crème Fatale, NAD recommended that Fenty Skin require Crème Fatale to modify the challenged video demonstration post to include a clear and conspicuous material connection disclosure in the video itself. NAD further recommended that Fenty Skin’s re-post of this video to its own Instagram page should likewise have a modified disclosure.

Fenty Skin advised NAD that it requested that Ms. Novio update the challenged TikTok and Instagram posts to include a clear disclosure that she received the product for free. Additionally, Fenty Skin removed the post from its own Instagram and will re-post only if the disclosure is corrected by Ms. Novio. NAD will treat the claim, for compliance purposes, as though NAD recommended it be modified.

During the proceeding, Fenty Skin advised NAD that it had permanently discontinued using “clean” on product packaging and online. Therefore, NAD did not review the claim on its merits.

In its advertiser statement, Fenty Skin stated that it “will comply with NAD’s Decision” and that it “supports the self-regulatory process and appreciates NAD’s thoughtful review.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

 

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

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

 

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

McLean, VA – April 11, 2024 – BBB National Programs’ Digital Advertising Accountability Program (DAAP) worked with global fast fashion retailer, Shein (SHEIN US Services, LLC), to bring its website Shein.com and its mobile apps into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for online interest-based advertising (IBA).

DAAP’s investigation, prompted by a consumer complaint, uncovered noncompliance with the DAA Principles’ Transparency Principle for first-party publishers, which requires clear, meaningful, and prominent notice to consumers about third-party collection of users’ browsing behavior for IBA purposes.

Identified issues included:

• The footer link “Privacy & Cookies Policy” directed users to the top of Shein’s general privacy policy instead of to specific IBA disclosures, highlighting the need for a distinct link in compliance with the DAA Transparency Principle and a third-party IBA opt-out mechanism.
• Descriptions of third-party IBA data collection were found scattered in the ”Cookies policy” section of the privacy policy, and there was no statement regarding adherence to the DAA Principles.
• Third-party data collection for IBA in mobile applications lacked enhanced notice and adequate IBA opt-out links.

In response to DAAP’s inquiry letter, Shein conducted a comprehensive review of its compliance with the DAA Principles to identify areas that needed strengthening and consulted with DAAP to address them. 

Enhanced Notice of Data Collection for IBA 

To meet its enhanced notice obligations under the DAA Principles, Shein:

• Added an “Ad Choices” link in the website footer that redirects users to a privacy policy section revised to be called “Cookies, Interest-Based Advertising, Ad Choices” that includes:
  • A detailed description of third-party IBA practices.
  • A link and explanation of tools available for users to opt out of IBA.
  • A statement of commitment to the DAA Principles.
• Added an “Ad Choices” link to all mobile web pages.

Compliance with Cross-App Data Collection Requirements 

Shein’s authorization of third-party collection of unique identifiers for IBA in its mobile app triggered compliance responsibilities under the first-party cross-app provisions of the Mobile Guidance. To resolve these issues, Shein:

• Added a message at the top of its privacy policy with a hyperlink directing users to the “Cookies, Interest-Based Advertising, Ad Choices” section.
• Added an “Ad Choices” link within the application settings page, linking users straight to the relevant privacy policy section.

In its statement, Shein stated:

At SHEIN, data security, privacy, and transparency are top priorities, and we are committed to providing a great shopping experience for our customers as well as safeguarding their information. We are grateful for the opportunity to participate in DAA’s Accountability Program and appreciate their recognition that we are compliant with the DAA Principles.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of DAAP decisions, visit the DAAP Decisions and Guidance webpage.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org. 
 
About the Digital Advertising Accountability Program: The Digital Advertising Accountability Program (DAAP), a division of BBB National Programs, was developed by the Digital Advertising Alliance (DAA) to enforce industry self-regulation principles for data privacy in online and mobile advertising, holding companies accountable to the DAA’s Privacy Principles. DAAP provides guidance to companies looking to comply with industry principles and responds to complaints filed by consumers about online privacy.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org   

New York, NY – April 11, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that HiSmile PTY discontinue certain safety and comparative claims for its teeth whitening products, PAP+ Strips and V34 Color Correcting Serum, including:

• Claims that peroxide containing whitening products are “painful” or cause pain, break down and impact gums and teeth, or “damage” gums and teeth.
• “Create an at-home whitening treatment that’s just as effective as hydrogen peroxide.”
• “PAP similarly reacts to tooth stains.”

The parties are competing manufacturers of teeth whitening products. HiSmile makes tooth concealer products and teeth whitening products containing PAP, while P&G manufacturers Crest Whitestrips, which contain hydrogen peroxide. 

Safety Claims

The National Advertising Division (NAD) determined that some of the challenged claims regarding the safety of hydrogen peroxide convey the message that peroxide containing teeth whiteners, such as P&G’s Crest Whitestrips, are “painful” or cause pain, break down and impact gums and teeth, or “damage” gums and teeth. NAD concluded that these claims are not supported by the evidence and therefore recommended that they be discontinued. NAD also recommended that HiSmile discontinue the “nasty side effects” claim on its website.

NAD noted that nothing in its decision prevents HiSmile from advertising its company’s origin story or highlighting its choice to create products that are peroxide free.

Comparative Claims

Since there was no evidence that HiSmile’s whitening products are “as effective as peroxide,” the National Advertising Division (NAD) recommended that HiSmile discontinue the “create an at-home whitening treatment that’s just as effective as hydrogen peroxide” claim.

NAD concluded that HiSmile’s claim that “PAP similarly [to peroxide] reacts to tooth stains” goes beyond merely stating the mechanism of action of the product and that one message reasonably conveyed by the claim is that PAP and peroxide have similar reactions to “stains” and therefore similar efficacy. In the absence of evidence to support this message, NAD recommended the claim be discontinued.

During the proceeding, HiSmile permanently discontinued the claim that “typically, whitening toothpaste contains peroxide which will damage your teeth.” 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.

In its advertiser statement, HiSmile stated that it will appeal NAD’s decision because it “highlights a need for international alignment on the adjudication of self-regulatory advertising codes” which it believes is “particularly important given the emergence of digital advertising and the global reach of social media platforms.”

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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

New York, NY – April 9, 2024 – BBB National Programs’ National Advertising Division has referred advertising claims made by Shizhan Sun, a mobile app software marketing company, to the Federal Trade Commission (FTC) and social media platforms after the company failed to provide a substantive response to the National Advertising Division’s inquiry.    

The following represent the claims that served as the basis for this inquiry.

Express Claims

• “I haven’t worked in 2 years.”
• “It’s $100-600 per day.”
• “Look at my proof: You have received $20,681.66 USD to your eWallet from Woody Block. Current Balance: $22,471.16 USD.”
• “You have received $26,837.66 to your eWallet from Woody Block.”

Implied Claim

• Woody Block players will typically earn large amounts of money in a short period of time.

Despite repeated outreach attempts, Shizhan Sun did not submit a substantive response to the National Advertising Division’s (NAD) inquiry or participate in the self-regulatory process. Per NAD/NARB Procedures, NAD has referred this matter to the FTC for review and possible enforcement action.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB Procedures, this release may not be used for 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: BBB National Programs’ National Advertising Division provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.  

 

Contact Information:
Name: Jennie Rosenberg
Email: jrosenberg@bbbnp.org
Job Title: Media Relations