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New York, NY – July 28, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Altice USA, Inc. modify its advertising to avoid conveying the message that it has faster download speeds than AT&T in markets where Optimum Internet competes with AT&T.

NAD determined that Altice’s claim, “Optimum has faster download speeds than AT&T nationwide,” in context, reasonably conveys the message that consumers will receive faster speeds nationwide if they switch to Optimum from AT&T, including where both services are available.

NAD noted that, unlike wireless internet, the comparative speed of two fixed internet networks is primarily meaningful to customers who are or plan to be located in a service area in which the two networks overlap.

NAD determined that Altice provided a reasonable basis for the challenged claim by relying on undisputed Ookla Speedtest data that it has faster speeds based on a nationwide average. However, more granular state-wide data submitted by AT&T raised concerns about the actual comparative speed of the two services when looking at their overlapping service area.

NAD concluded that claims of faster download speeds in markets where the services overlap were not substantiated.

NAD found that while Altice’s disclosure “based on analysis by Ookla of Speedtest Intelligence data comparing national median fixed download speeds of Optimum and AT&T Internet, Q4 2022,” does inform consumers of the source of the claim, it does not adequately explain that the claim does not compare speeds in areas where the two services overlap.

NAD recommended that Altice modify its advertising to avoid conveying the message that it has faster download speeds than AT&T in markets where Optimum Internet competes with AT&T.

In its advertiser statement, Altice stated that it “appreciates NAD’s recommendations and will take them into account in 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. This 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 – July 26, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Dow Jones & Company, Inc. supported its claim of “cancel anytime” relating to the methods by which consumers can cancel their subscription to The Wall Street Journal (WSJ).

Through its routine monitoring program, NAD inquired about the express “cancel anytime” claim as well as the implied claim that consumers can cancel using the method with which they signed up (including online) for their WSJ subscription. Based on guidance in the Federal Trade Commission’s “Bringing Dark Patterns to Light” Report, NAD determined the claim that consumers can “cancel anytime” reasonably conveys the message that cancelling is easy and similar to the ease of subscribing.

At the time the challenge was initiated, WSJ claimed on its website that customers who subscribed online could “cancel anytime.” While WSJ offered online cancellation to certain subscribers, in certain other cases the only way a consumer could cancel their subscription was by calling WSJ.

During the proceeding, WSJ completed its planned expansion of its cancellation procedures to allow for automated online cancellations globally. The new global online cancellation procedure can be accessed directly from the website and a user can cancel one or more Dow Jones subscriptions.

Based on the revised online cancellation mechanism, NAD concluded the advertiser was able to substantiate its “cancel anytime” claim.

In its advertiser statement, Dow Jones & Company stated that it is “pleased with NAD’s recognition that The Wall Street Journal’s online cancellation process is easy, satisfies NAD’s interpretation of ‘cancel anytime,’ and meets consumer expectations.”

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 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 – July 24, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Olé Mexican Foods, Inc. provided a reasonable basis for total carbohydrate amounts, some net carbohydrate amounts, and carb effective calculations advertised on its product packaging and website for its La Banderita and Xtreme Wellness tortillas.

 

However, NAD recommended that Olé discontinue:

• Any claims that its products have “0 net carbs per serving,” are “keto net zero” and any effective carb count calculations that indicate 0 net carbohydrates per serving for any products that have more than .5 grams of net carbs; and
• The “Carb Lean” claim found on the product labeling and website for the La Banderita Carb Counter product and certain Xtreme Wellness products.

 

The claims at issue were challenged by Gruma Corporation. Both Gruma and Olé manufacture and sell “low” or “no” net carbohydrate products.

Total Carbohydrate Claims

NAD noted that the Federal Drug Administration (FDA) recognizes the variability in natural ingredients in the packaged food industry that leads to variations in nutritional content and makes allowances for the discrepancies that may result. Therefore, the FDA allows for a 20% variance from the amount of total carbohydrates declared on the label.

NAD determined that while the testing provided by Olé shows that the total carbohydrate amount differs from that advertised on the product packaging, these differences fall within the range FDA deems reasonable.

Accordingly, NAD found that the total carbohydrate amounts advertised on the product packaging and website for La Banderita and Xtreme Wellness tortillas are supported because they are within the variation allowed within the industry.

Net Carbohydrate Claims

Gruma also challenged Olé’s net carbohydrate claims including the express “net carbs per serving” declaration on the front and back of each tortilla’s packaging and the “effective carb count per tortilla” calculation on the back of each product’s packaging.

Considering the variation in nutritional makeup inherent in ingredients and the fact that the FDA and packaged food industry accept and acknowledge these variations, NAD found that Olé provided a reasonable basis for its net carbohydrate declarations and carb effective calculations on certain La Banderita and Xtreme Wellness tortilla packaging.

Regarding the claims on Olé’s La Banderita Carb Counter Street Taco tortilla packaging that it has “0 net carbs per serving” and is “keto net zero,” NAD determined that consumers would reasonably expect that “0 net carb” claims mean that the product has less than .5 grams of net carbs. Therefore, NAD recommended that Olé discontinue any claims that its products have “0 net carbs per serving,” are “keto net zero,” and any effective carb count calculations that indicate 0 net carbohydrates per serving for any products that have more than .5 grams of net carbs.

Carb Lean Claim

NAD concluded that the term “Carb Lean” in the context of tortilla packaging reasonably conveys the message that the product is either low in total carbohydrates or low in net carbohydrates. In the absence of any explanation about how the carbohydrate numbers in Olé’s testing substantiate these claims, NAD recommended Olé discontinue the “Carb Lean” claim on certain product packaging and on the website.

In its advertiser statement, Olé stated that it will “discontinue use of ‘carb lean’ claims” despite its disagreement with NAD’s conclusion, and that it will “comply with NAD’s recommendation concerning making ‘zero net carb’ claims where it possesses substantiation consistent with FDA’s rounding rules.”

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 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.

• Six eateries receive one MICHELIN Star for first time
• Inspectors award four new Green Stars, bringing state total to 15
• 87 total restaurants earn MICHELIN Stars – six with three Stars
• Selection comprises 614 restaurants and 61 types of cuisine

 

OAKLAND, Calif., July 18, 2023 — The 2023 edition of the MICHELIN Guide California touts six new one-MICHELIN-Star establishments and four new Green Star restaurants.

Aphotic and Heritage each were awarded one MICHELIN Star, plus a Green Star. Providence returns as a two-MICHELIN-Star restaurant in 2023, but now with the Green Star added to its accolades. Pomet received a MICHELIN Green Star as a Recommended restaurant. California now has 15 of the 17 Green-Starred restaurants in North America.

“California is spectacular year-round, but we are thrilled to announce the 2023 edition in the summertime,” said Gwendal Poullennec, the International Director of the MICHELIN Guides. “This year we welcome six newcomers to the family of MICHELIN-Starred restaurants. These are truly world-class establishments serving outstanding cuisine.

“In addition, our inspectors found four restaurant teams worthy of the MICHELIN Green Star. In California, gourmets and travelers can find sustainable and inspiring cuisine by land or by sea, showcasing the best of what lands and seasons can offer. These establishments – and the Golden State as a whole – are truly role models of environmentally conscious gastronomy.”

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

 

One MICHELIN Star

Aphotic (San Francisco; Seafood)

Aptly named after the ocean’s sunless depths, this vast, tenebrous space is leagues away from the mundane, offering a rarefied pescatarian tasting menu that abounds with personality. Chef Peter Hemsley takes full advantage of California’s coastal bounty, sourcing exceptional seafood from small sustainable purveyors and utilizing techniques like dry aging and fermentation to maximum effect.

Auro (Calistoga; Contemporary cuisine)    

Soak up the bucolic splendor of Napa’s northern reaches at the Four Seasons resort, the ideal setting for this au courant embodiment of classic Wine Country fine dining. Thanks to skills honed in some of the Bay Area’s most notable kitchens, Chef Rogelio Garcia displays a distinctly Californian perspective, using precise technique in order to highlight exceptional ingredients — most of which are sourced locally, including from on-site gardens.

Chez Noir (Carmel-By-The-Sea; Contemporary cuisine)

If Chef Jonny and his wife, Monique Black (who oversees the service team), make you feel as if you’re being invited into their own home, well, that’s because the second floor of this Craftsman-style residence is their home. The two have an abundance of fine dining bona fides, but here they aim for a more approachable feel. The cooking draws upon French bistro fare and showcases the bounty of the California coast, with seafood, like spot-on sea bass and swoon-worthy abalone, making a big impression.

Heritage (Long Beach; Californian cuisine)           

Set in a converted Craftsman in the historic Rose Park neighborhood, this inviting locale is removed from the hustle and bustle of Long Beach. Brother-and-sister duo Philip and Lauren Pretty run the kitchen and front of house, respectively, curating an experience that’s relaxed, but gets the details just right. On offer is a single multicourse tasting (priced quite reasonably) that highlights top-notch ingredients, including produce sourced from their nearby farm.

Nari (San Francisco; Thai cuisine)

This sleek retreat located within Hotel Kabuki delivers a one-two punch with a dramatic setting and accomplished cooking. Chef Pim Techamuanvivit’s personality and laser-focused palate come through in dishes that utilize fantastic Californian ingredients through a distinct, contemporary Thai lens. Dishes are family style, albeit with a touch of refinement. Intensely aromatic curries achieve a marvelous complexity, as in a brick red bumbai curry with crispy fried eggplant, served with an ethereally flaky roti bread.

Valle (Oceanside; Mexican cuisine)

Celebrated chef Roberto Alcocer brings his refined, modern expression of Mexican cuisine stateside at this elegant space in the Mission Pacific Hotel, overlooking the scenic Oceanside Pier. Diners can make selections from a four-course prix fixe, or leave things entirely in the kitchen’s hands for an eight-course tasting. Dishes strike a winning balance between tradition with creativity, as in a tetela made with heirloom corn masa and hoja santa, filled with juicy chanterelle mushrooms and creamy goat cheese, and paired with a complex salsa of morita chiles — at once earthy and bright.

 

MICHELIN Green Star

Aphotic (San Francisco; Seafood)    

Chef’s vision: Our core objective is to know and source directly from fishermen and aquaculture partners. We personally drive the fish in from satellite ports all around the Bay Area and fly fresh seafood in from trusted partners in San Diego.

Heritage (Long Beach; Californian cuisine)           

Chefs’ vision: We grow our own produce at our farm; as well as source from local farmers markets; we work with local partners including a bakery and a seamstress for staff aprons. Our meat and seafood are all sustainably sourced from California.

Pomet (Oakland; Californian cuisine)          

Chef’s vision: The team here unites the owner of a family-owned farm K & J Orchards and Chef Alan Hsu; we work with regenerative ranchers for our beef, lamb, pork, chicken; wood pruned from the farms or retired trees are used in our wood fire oven.

Providence (Los Angeles; Seafood) 

Chef’s vision: Providence showcases a true and unwavering commitment to all aspects of sustainability in every shape and way possible. Pushing the boundaries of sustainable seafood practices by committing to only use wild-caught, sustainable products, growing an on-site rooftop garden, and a zero-waste bean-to-dessert chocolate program.

Bib Gourmand

The MICHELIN Guide inspectors added 10 restaurants to the Bib Gourmand list, which recognizes eateries for great food at a great value: Bansang, Bombera, Carnes Asadas Pancho Lopez, Cobi’s, Eat Joy Food, Mabel’s Gone Fishing, Maligne, Petiscos, Snail Bar and Villa’s Tacos.

Special Awards

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

The MICHELIN Guide Ceremony is presented with the support of Capital One. Transportation provided by Lucid Motors.

Hotels

The California restaurant selection joins the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in California and around the world.

Every hotel in the Guide is chosen for its extraordinary style, service, and personality — with options for all budgets — and each hotel can be booked directly through the MICHELIN Guide website and app. The selection for California features the state’s most spectacular hotels, including sustainability pioneers like Napa’s Carneros Resort and the Ranch at Laguna Beach, standouts from our “Plus” collection like the Madrona in Healdsburg and the Aster in Los Angeles, beachfront bohemia like Surfrider Malibu and Cambria Beach Lodge, desert oases like Holiday House Palm Springs, and even The Charlie, a collection of English-style bungalows in L.A. that was once owned by Charlie Chaplin.

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 2023 MICHELIN Guide California selection:

California’s 2023 MICHELIN-Starred restaurants

California’s 2023 MICHELIN-Green-Starred restaurants

California’s 2023 Bib Gourmand restaurants

 

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 23,000 employees and operates 34 production facilities in the United States and Canada. (michelinman.com)

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

For more information, contact:

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

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

McLean, VA – July 11, 2023 – BBB National Programs’ Digital Advertising Accountability Program (DAAP) worked with women’s fashion retailer Venus Fashion, Inc. to bring its website into compliance with the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles.

DAA’s Self-Regulatory Principles cover entities engaged in interest-based advertising (IBA) across websites or mobile apps. Any operator of a website (a first party) that allows unaffiliated entities (third parties) to collect visitors’ web browsing data for IBA must provide visitors with notice and enhanced notice as prescribed in the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).

Based on a consumer complaint, DAAP opened an investigation into Venus’ alleged noncompliance with the Transparency Principle of the OBA Principles. Upon reviewing Venus’ website, DAAP observed third-party data collection for IBA without proper enhanced notice and access to Venus’ IBA disclosure and opt-out choices.

In response to DAAP’s inquiry, Venus conducted a review of its compliance protocols and made significant changes to its privacy practices to bring the Venus website into compliance with the DAA Principles. Those changes include:

 

• The addition of a prominent and easily accessible link titled “My Privacy and Ad Choices” to all webpages where third-party trackers are deployed (in this case, the website’s global footer) linking users to Venus’ IBA disclosure, and
• A newly edited IBA disclosure titled “Third-Party Automated Collection and Interest-Based Advertising,” which includes a comprehensive description of Venus’ third-party IBA practices, a link to IBA opt-out tools, and a statement of adherence to the DAA Principles.

 

In its advertiser statement, Venus stated “VENUS Fashion, Inc. (“VENUS”) is proud to participate in the Digital Advertising Alliance’s self-regulatory DAA Accountability Program.  VENUS welcomed the opportunity to review its privacy policies and practices with the DAAP and is confident that, by voluntarily implementing the recommended changes, the company is demonstrating its ongoing commitment to consumer privacy and choice.”

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.