New York, NY – March 16, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, recommended that the American Beverage Association (ABA) modify certain aspirational claims regarding the use of recycled materials in bottles, as well as claims relating to ABA’s partnerships with non-profit organizations and efforts to achieve sustainability goals.
ABA is the trade association for the U.S. nonalcoholic beverage industry whose members are The Coca-Cola Company, Keurig Dr Pepper, and PepsiCo.
The advertising at issue, which appeared in a video run on national cable channels and on the advertiser’s website, had been challenged by the National Advertising Division (NAD) as part of its independent routine monitoring of truth and transparency in U.S. national advertising. Following NAD’s decision (Case No. 7011), ABA appealed NAD’s findings and recommendations that it modify specific claims in its video and website.
In the underlying decision, NAD determined that ABA “provided a reasonable basis” for several environmental benefit claims related to its Every Bottle Back program. But NAD recommended that ABA modify several claims that NAD determined overstate the extent to which plastic bottles currently sold by ABA members are made from recycled plastic resulting in a reduction in plastic waste, and the results of its partnership with several organizations regarding reducing plastic waste.
In agreement with NAD, the NARB panel concluded that the following statements convey unsupported claims to consumers:
- “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles.”
- “That . . . and reduces plastic waste.”
- “Working with World Wildlife Fund through their ReSource: Plastic to reduce our plastic footprint.”
- “Partnering with The Recycling Partnership and Closed Loop Partners to . . . modernize the recycling infrastructure in communities across the country.”
Recyclability Claims
The NARB panel found that the following claims convey to reasonable consumers that a significant amount of recycled content is currently used by the industry to produce new single use plastic bottles and that there is a resulting reduction in plastic waste today:
- “They’re collected and separated from other plastics so they can be turned back into material that we use to make new bottles.”
- “reduces plastic waste.”
The NARB panel noted that while ABA may have intended simply to explain the potential for bottles to be recycled, the ad went beyond that, conflating current recycling practices and outcomes with aspirational practices and outcomes. Therefore, the NARB panel recommended that the advertiser modify the video claims to further clarify that these statements relate to aspirational goals.
Further, the NARB panel stated that the claims should not convey that there is current significant use of recycled bottles by industry to produce new bottles or any current significant reduction in plastic if that is not the case.
Claims About the ABA’s Partnerships
The NARB panel found that ABA members are actively participating with third-party partners in their recycling efforts, but that the following claims overstate the actual work being done:
- “Working with World Wildlife Fund through their ReSource: Plastic to reduce our plastic footprint.”
- “Partnering with The Recycling Partnership and Closed Loop Partners to . . . modernize the recycling infrastructure in communities across the country.”
Therefore, the NARB panel cautioned ABA to ensure that claims made in regard to the partnerships reflect what the partners are currently doing, and clearly convey future plans if that is the purpose of the message.
The NARB panel lauded the industry’s goals and stated that NARB’s assessment of the claims and evidence does not prevent the advertiser from making future supported claims as its goals are attained or that contain effective calls to consumer action.
ABA said that it “appreciates NAD’s conclusions that many of our claims are substantiated, including that our member companies are designing 100% recyclable plastic bottles and are increasing awareness of that fact.” And while ABA “disagrees with NARB’s conclusions related to our partnerships and the recycling process” it “will comply with the NARB Decision and explore how best to modify.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Comcast Appeals National Advertising Division Recommendation to Modify or Discontinue Certain Advertising Claims for Xfinity Mobile
New York, NY – March 16, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications Management, LLC:
- Modify claims that its Xfinity Mobile service is the “fastest mobile service”;
- Discontinue its “most reliable,” “highest ranked,” and “best network” claims for Xfinity Mobile; and
- Clearly and conspicuously disclose that an Xfinity Internet subscription is required for Xfinity’s mobile service.
Comcast (under the Xfinity Mobile brand) provides cellular service that piggybacks off Verizon’s cellular network to existing Xfinity home internet customers. Customers of Xfinity Mobile can obtain service through the Verizon cellular network but can also connect through WiFi if they are within range of their Xfinity home internet WiFi or one of Xfinity’s public WiFi hotspots.
“Fastest Mobile Service” Claim
Regarding Comcast’s “fastest mobile service” claim, NAD found that Xfinity Mobile has the fastest combined WiFi and cellular speeds, but those speeds are only available within Xfinity’s WiFi footprint.
Further, NAD determined that the unqualified superiority speed claim reasonably conveys the message that the benefit is available wherever consumers use their mobile service, and therefore consumers may reasonably take away the message that so long as they have Xfinity mobile service—whether they are connected to cellular or WiFi—they will be able to experience the advertised fastest speeds across Xfinity’s entire mobile network. NAD recommended that Comcast disclose the material limitation that a consumer may only experience faster speeds on WiFi or in the Xfinity WiFi footprint.
NAD concluded that the disclosures in the challenged advertising do not adequately inform consumers of the circumstances under which the “fastest mobile service” claim is true and recommended that Comcast modify its advertising to clearly and conspicuously disclose that its “fastest mobile service” is based on combined WiFi and cellular speeds and that the claim is true only within its WiFi footprint or when connected to WiFi.
“Most Reliable” Claims
NAD recommended that Comcast discontinue its “most reliable” and “highest ranked” claims because the evidence in the record was not a good for fit the challenged claims.
NAD noted that nothing in its decision would prevent Comcast from making claims about the reliability of its WiFi network, so long as those claims are supported and do not convey the message that those claims also apply to its cellular network.
“Best Network” Claim
The “Best Network” claims appears on the Comcast webpage which states, “Choose from the best devices on the best network.” Underneath this headline is the sentence, “Ready to join the first mobile network that’s designed to save you money? It starts here.”
NAD noted that the “best network” claim is broad and unqualified and because Comcast did not provide any evidence to support the range of superiority messages conveyed by its “best network” claim NAD recommended that it be discontinued.
Requirement to Purchase Xfinity Internet Claim
NAD also considered whether Comcast’s advertising conveys a message that consumers can purchase Xfinity’s mobile service regardless of whether they are Xfinity Internet customers. As NAD has noted in prior cases, the fact that a cellular service can only be purchased if the consumer also subscribes to a residential internet service is a material limitation that must be disclosed.
NAD determined that the disclosures in the challenged advertising were not sufficient and therefore recommended that Comcast clearly and conspicuously disclose that Xfinity Internet is required.
In its advertiser statement, Comcast stated that it “will appeal NAD’s decision because it believes that the challenged advertising conveys truthful messages about the unique benefits of the Xfinity Mobile service, delivered through the combination of two networks.” Further, the advertiser expressed concern that NAD’s decision is inconsistent with previous cases addressing similar claims and noted its disagreement with certain conclusions made by NAD.
Appeals of NAD decisions are made to 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.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Michelin Continues Top Performance in J.D. Power 2023 Rankings
- For 20th consecutive year, Michelin is recognized for top customer satisfaction in luxury car segment
- Michelin is also #1 in tire customer satisfaction for truck/utility vehicles
- Michelin brands, which include BFGoodrich, have received 101 top-tire rankings
GREENVILLE, S.C., March 16, 2023 – Michelin has again earned top customer satisfaction scores in the J.D. Power 2023 U.S. Original Equipment Tire Customer Satisfaction Study. For 2023, drivers gave Michelin the highest ratings in Original Equipment Tire Customer Satisfaction for Luxury and Truck/Utility vehicles.
“We aim to create the best experience for all types of drivers, so it’s exciting and humbling for Michelin to earn our 98th and 99th J.D. Power Award for customer satisfaction in the tire category,” said Katelyn Berry, vice president of marketing for Michelin North America, Inc.’s business to consumer products. “These awards continue to showcase Michelin as the most awarded tire brand in the U.S. and being recognized by our customers makes this even more special.”
With these honors, Michelin has won 99 total J.D. Power Awards — more than any other tire manufacturer. It is the company’s 20th consecutive top ranking in the Luxury segment.
The J.D. Power 2023 U.S. Original Equipment Tire Customer Satisfaction Study was based on responses from more than 32,000 vehicle owners. Satisfaction was examined in four areas: tire wear, tire ride, tire appearance and tire traction/handling.
J.D. Power is a global marketing information services company operating in key business sectors across a variety of industries, including market research, automotive forecasting, performance improvement, web intelligence and customer satisfaction.
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)
For more information contact:
Contact: Christian Fisher
Email: christian.fisher@michelin.com | www.michelinmedia.com
National Advertising Division Finds Charter’s “Most Reliable Internet” Claim Supported; Recommendation to Modify or Discontinue Other Claims is Appealed
New York, NY – March 15, 2023 – Acting on a challenge brought by Frontier Communications Parent, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Charter Communications, Inc., provided a reasonable basis for its “most reliable internet claim.” However, NAD recommended that Charter modify or discontinue other challenged claims for its cable internet service.
Frontier offers residential internet service using fiber and DSL services over copper phone wire. Charter offers its residential internet service as Spectrum internet through a hybrid fiber coaxial network.
Frontier challenged several Spectrum internet advertisements and direct mailers that make superiority claims, performance claims, and consumer eligibility claims.
“Most Reliable Internet Claim”
NAD found that one message conveyed by Spectrum’s Facebook advertisement to “Switch to Spectrum internet for faster and more reliable internet” is that Frontier’s internet is less reliable than Charter’s. NAD evaluated the meaning of reliability in the context of the challenged advertisement and concluded that speed consistency is a consumer relevant way to measure reliability.
Based on Spectrum’s 80/80 Consistent Speed Metric found in the FCC’s most recent Measuring Broadband Report from December 2021, NAD determined that Charter provided a reasonable basis for its “most reliable internet” claim. NAD recommended that, going forward, Charter clearly and conspicuously disclose the basis for the claim and its date.
Quantitative Speed Claims
Frontier challenged several express speed claims made on Charter’s direct mailers, such as:
- “Ultra fast speeds of 400 Mbps”
- “Get the internet speed you need with 100 Mbps”
- “Fast internet starting speeds. Surf, game, stream and more with 100 Mbps Internet starting speeds”
- “Super-fast reliable speeds of 200 Mbps to power all your devices with no data caps”
NAD found that the record demonstrates that upload speeds are important to consumers when choosing an ISP provider and that both download and upload speed are material considerations for consumers when deciding which ISP to use and which tier of service to purchase.
For these reasons, NAD recommended that Charter qualify its speed claims to indicate whether the speed claims refer to download or upload speed.
Comparative Claims
NAD concluded that the claim “More speed. More channels. Get more with Spectrum,” in context, is not a comparative claim because there is no mention of other providers throughout the four-page mailer. NAD found that the message conveyed is that Spectrum offers 200 Mbps, but if you want even more speed Spectrum provides Spectrum Internet Gig.
However, NAD recommended that the following comparative claims be discontinued or modified because there was insufficient support in the record:
- “Spectrum internet is the top-performing Internet provider, delivering more speed, more consistently”
- “Take gaming to the max! Spectrum internet is America’s leading internet provider with ultra low lags & ultra fast speeds”
- “Spectrum beats the competition hands down. Satellite and other providers don’t come close”
- “Other internet providers just can’t compete with Spectrum”
- “Satellite and other providers simply can’t compete”
Consumer Eligibility Claims
After reviewing confidential information provided by Charter, NAD determined that the advertiser provided a reasonable basis to support its pre-qualified and qualified claims found in online banners and direct mailers, including, for example:
- “You are pre-qualified to get $30 off your monthly internet bill”
- “Qualified for an automatic credit of $30 a month”
- “Qualified for Internet at No Cost”
Such claims refer to the Affordable Connectivity Program, a government funded program that subsidizes the cost of internet for households that meet certain income or other eligibility requirements by providing a discount of up to $30 per month toward internet service for eligible households and up to $75 per month for households on qualifying Tribal lands.
In its advertiser statement, Charter stated that although it “disagrees with NAD’s conclusions and recommendations” it “will comply with those recommendations other than the recommendation with respect to its quantitative speed claim.” Charter further stated that it will appeal the portion of NAD’s decision related to its quantitative speed claims.
Appeals of NAD decisions are made to 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.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
In National Advertising Division Challenge, “Non-Toxic” and “Eco-Friendly” Claims for Weiman Cleaning Products Voluntarily Discontinued
New York, NY – March 15, 2023 – In a BBB National Programs National Advertising Division (NAD) challenge, brought by competitor S.C. Johnson & Son, Inc. (SCJ), PurposeBuilt Brands, Inc. and Weiman Products, LLC voluntarily discontinued “non-toxic” and “eco-friendly” advertising claims for its Weiman cleaning products.
SCJ challenged “non-toxic” and “eco-friendly” advertising claims, which appeared on Weiman product labels, the Weiman website, and third-party retail websites including Amazon.com.
During the proceeding, PurposeBuilt informed NAD that all the challenged claims had been or would be permanently discontinued. Therefore, NAD did not review the claims on their merits.
In its advertiser statement, PurposeBuilt agreed to comply with NAD’s recommendations and stated that it “had discontinued, or had scheduled to discontinue following a sell-through of packaging, all of the challenged claims prior to SCJ’s commencement of the present challenge.”
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Routine Wellness Discontinues Advertising Claims for Shampoo and Conditioner Following National Advertising Division Challenge
New York, NY – March 14, 2023 – As part of the National Advertising Division (NAD) of the BBB National Programs routine monitoring of national advertising for truth and transparency, NAD inquired about claims recommending hair care products of Routine Wellness Inc. During the pendency of the inquiry, Routine Wellness voluntarily discontinued advertising claims regarding its shampoo and conditioner.
NAD inquired about the advertiser’s Facebook and Instagram posts that linked to an article on the lifestyle blog My Best Self that reviewed and recommended Routine Wellness shampoo and conditioner.
Although the review was independently authored by the My Best Self editorial staff based on the author’s personal experiences and opinions, NAD has long held that when an advertiser quotes, restates, links to, or otherwise disseminates claims made about its product by a third party, those same third-party claims become advertising claims made by the advertiser for which the advertiser must have substantiation. This is true even when the advertiser has not paid for, sponsored, approved, or controlled the third party’s claims about the advertiser’s product.
NAD found that when Routine Wellness linked its social media post to the review, claims made about Routine Wellness’s hair care products in the review (e.g., “5 Best Shampoos for Women with Thin Hair”) became advertising claims of Routine Wellness for which Routine Wellness must have a reasonable basis of support.
During the proceeding, Routine Wellness informed NAD that it had permanently discontinued the post and dissemination of the review. Therefore, NAD did not review the claim on its merits.
In its advertiser statement, Routine wellness thanked NAD for its “careful review of this matter” and stated that it is “pleased with NAD’s decision and will comply with its 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.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
Frontier Voluntarily Discontinues “Whole Home Wi-Fi Guarantee” Claim Following Charter’s National Advertising Division Challenge
New York, NY – March 14, 2023 – Following a Fast-Track SWIFT challenge brought by competitor Charter Communications, Inc., Frontier Communications Parent, Inc. voluntarily discontinued its “Whole Home Wi-Fi Guarantee” claim that appeared in various media, including television commercials, radio advertisements, and digital advertising.
Fast-Track SWIFT is an expedited challenge process designed for single-issue advertising cases brought to the National Advertising Division (NAD) of BBB National Programs.
The challenged claim was a feature of a temporary promotional product and pricing offer for Frontier internet service that ran in Frontier markets from August 2022 through January 2023. The “Whole Home Wi-Fi Guarantee” included professional installation of a router and up to two extenders in a customer’s home without limitation as to the home’s size or construction.
In response to the challenge, Frontier maintained that the challenged claim was substantiated but informed NAD that it had voluntarily and permanently ceased use of the challenged claim at the end of the promotional period. Therefore, NAD did not review the claim on its merits.
In its advertiser statement, Frontier thanked NAD for its time and attention to this matter.
All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Division Finds Certain Frontier Fiber Internet Services Claims Supported; Recommends Others be Modified or Discontinued
New York, NY – March 13, 2023 – Acting on a challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) of BBB National Programs determined that certain claims made by Frontier Communications Parent, Inc. for its Frontier Fiber internet services were supported. However, NAD recommended that other claims be modified or discontinued.
Frontier subscribers receive either DSL-based internet through copper phone wires or fiber-to-the-home internet through optical fiber lines. The Frontier internet service available to most potential Frontier subscribers in its 25-state service area is provided over Frontier’s legacy DSL-based network infrastructure, however Frontier has been expanding its fiberoptic network and making its fiber internet service available to a growing number of potential subscribers.
Fiber Availability Claims
NAD determined that the Frontier Fiber advertisements reasonably convey a message of availability to their audience. At issue for NAD in the Charter challenge was whether this message was supported and whether any limitations on availability were adequately disclosed.
NAD found the claim “Fiber is Here,” in the context of the print mailer in which it appeared, was supported because Frontier’s direct mail advertising is targeted to consumers at physical addresses that Frontier has established can receive Frontier Fiber internet service.
However, where Frontier’s advertising was directed to consumers for whom Frontier Fiber service may not be available, NAD recommended that Frontier modify:
- Its targeted Frontier Fiber online banner advertisements delivered to IP addresses in which Frontier Fiber is more available than unavailable to clearly and conspicuously inform consumers to check availability or otherwise disclose that fiber service may not be available.
- The Frontier Fiber billboard advertisements and television commercials placed in designated marketing areas where Frontier Fiber is more available than unavailable to avoid conveying a message that Frontier’s fiber internet service is available to all consumers to whom the advertisements are directed.
- The Frontier Fiber webpages to disclose clearly and conspicuously the limited availability of Frontier Fiber to avoid conveying a message that Frontier’s fiber internet service is widely available in areas in which it is not.
100% Fiber Claim
NAD has established that product claims made in the context of general brand references without clear identification of the object of the claim may convey a message about all the products in a line. Advertisers must therefore ensure that the object of any product claim is clear to avoid conveying a broader message than intended.
In the Charter challenge, NAD considered whether the challenged Frontier Fiber claims reasonably convey a message that all Frontier internet service offerings and networks are fiber.
NAD found that the challenged claim “Better. Faster. 100% Fiber. With Fiber 2 Gig internet. . . . Frontier” in the context of a Fiber 2 Gig advertisement was supported and that a Fiber 2 Gig advertisement and certain Fiber Gig webpages did not imply that all Frontier internet services or networks are fiber or that fiber internet is the only kind of internet service that Frontier offers.
Further, NAD determined that the challenged claims “Fiber is Finally Here,” “Fiber is Here,” “Fiber Speeds are Waiting…” and “Fiber is in Reach,” in the context of the online banner, billboard, and print mail advertisements in which they appeared did not convey the message that all Frontier internet service offerings and networks are fiber.
However, NAD determined that consumers may reasonably take away a message from certain other challenged advertisements that all Frontier internet services or networks are fiber. Because this message is not supported, NAD recommended that Frontier:
- Discontinue the “100% fiberoptic internet” claim as it appears in the context of a Frontier Fiber commercial or modify the commercial to avoid conveying a message that all Frontier internet services or networks are fiber.
- Modify a Frontier Fiber webpage to avoid conveying a message that all Frontier internet services or networks are fiber.
- Discontinue the claims “Better. Faster. 100% Fiber. Frontier” and “100% fiberoptic network” as they appear in a 100% Billboard Ad and a Frontier Fiber commercial, respectively, or modify the advertisements to avoid conveying a message that all Frontier internet services or networks are fiber.
“Before and After” Commercials
Charter challenged claims about cable internet’s reliability that it asserted were conveyed in a pair of Frontier television commercials depicting a family or couple before and after obtaining Frontier Fiber internet service.
NAD determined that the commercials reasonably convey a comparative message that Frontier’s fiber internet service is more reliable than cable internet service, which is unreliable, and subject to frequent outages.
Because NAD concluded that Frontier’s support was not a good fit to substantiate this message, NAD recommended that the commercials be discontinued or modified to avoid conveying that Frontier’s fiber internet service is more reliable than cable internet service and that cable internet service is unreliable and subject to frequent outages.
Upload Speed Claim
NAD found that the monadic claim “Fast upload speeds are important for things like video chatting and gaming,” on its own, was supported.
99.9999% Reliability Claim
Frontier provided no evidence to support its claim that Frontier Fiber has “99.9999% network reliability.” Therefore, NAD recommended that the claim be discontinued.
In its advertiser statement, Frontier stated that it “agrees to comply with the NAD’s recommendations” although it “does not agree with all aspects of the NAD’s decision.” The advertiser further noted that it “intends to continue to target its Frontier Fiber advertising to markets in which Frontier Fiber is available and will take NAD’s recommendations and industry practice 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.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
National Advertising Review Board Recommends SharkNinja Discontinue or Modify Certain Claims for Shark Air Purifiers
New York, NY – March 8, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising law body of BBB National Programs, recommended that SharkNinja Operating LLC:
- Discontinue claims that its Shark Air Purifier 6 meets or exceeds HEPA standards;
- Discontinue the claim that its air purifiers perform better than other HEPA-labeled air purifiers; and
- Modify its “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim.
The advertising at issue had been challenged before the National Advertising Division (NAD) by Dyson, Inc. Following NAD’s decision (Case No. 7096), SharkNinja appealed NAD’s findings and recommendations adverse to it.
At issue in the proceeding were advertising claims for two types of units sold by the advertiser, the Shark Air Purifier 4 and the Shark Air Purifier 6. Each of these purifiers is advertised as containing a HEPA (high-efficiency particulate air) filter.
HEPA Claims
In the underlying decision, NAD concluded that, based on Dyson’s rebuttal testing of off-the-shelf filters for the Air Purifier 6, SharkNinja’s production-line testing was insufficient to support its claims that the Shark Air Purifier 6 meets or exceeds HEPA standards. To be considered HEPA-rated, a filter must be able to remove at least 99.97% of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3 microns.
In agreement with NAD, the NARB panel concluded that Dyson’s testing on three filters raised sufficient issues as to require SharkNinja to have conducted its own testing of filters purchased at retail to properly support HEPA claims for its model 6 filter.
Comparative Claim
In the underlying decision, NAD found that one message conveyed by SharkNinja’s claim that its filters are “True HEPA” whereas other “HEPA-labeled air purifiers can emit up to 10x more particles back into the air” and “can leave behind smoke, carbon dust, virus carriers, and mold” is that its purifiers are superior to other HEPA-labeled filters in the market. SharkNinja, however, only submitted testing comparing its product against one leading brand. In the absence of support for this message, NAD recommended that the claim be discontinued.
The NARB panel affirmed NAD’s conclusions, finding that the challenged claim could be interpreted by reasonable consumers as communicating that many, if not most, competitive air purifiers making HEPA claims do not in fact deliver HEPA performance.
Clean Air 100% Claim
In agreement with NAD, the NARB panel concluded that SharkNinja advertising with the “Clean Air 100%” product display misleads reasonable consumers by communicating that use of the SharkNinja air purifiers will remove all impurities from the air. Accordingly, the NARB panel recommended that SharkNinja modify the “Clean Air 100%” claim by adding a clear and conspicuous disclosure explaining the basis of the 100% claim (e.g., that 100% means that it has met EPA air quality standards).
SharkNinja stated that although it “respectfully disagrees with certain findings by the NARB Panel, it is a strong supporter of voluntary self-regulation and will comply with Panel’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.
About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Review Board (NARB): The National Advertising Review Board (NARB) is the appellate body for BBB National Programs’ advertising self-regulatory programs. NARB’s panel members include 85 distinguished volunteer professionals from the national advertising industry, agencies, and public members, such as academics and former members of the public sector. NARB serves as a layer of independent industry peer review that helps engender trust and compliance in NAD, CARU, and DSSRC matters.
Contact:
Abby Hills, Director of Communications, BBB National Programs
703-247-9330 / press@bbbnp.org
Contact Information
Name: Abby Hills
Email: press@bbbnp.org
Job Title: Director of Communications
British Council’s Schools Now! conference 2023 gathers over 2,000+ delegates from 30 countries across the world to explore the future of international education
Dubai, UAE: The British Council held its annual Schools Now! conference, in Dubai on 1 and 2 March 2023, which brought together over 2,000 education leaders and professionals from British Council’s Partner Schools around the world, to discuss the latest innovations in teaching and learning across international education.
Schools Now! 2023, themed ‘Transforming Schools: Leadership at all levels’, explored effective leadership across school communities through keynote presentations, panel discussions and workshops. Delegates learned about the importance of developing student leaders, as well as professional pathways to leadership.
Douglas Woods, Global Head of Education Services, British Council, spoke of promoting leadership at all levels in schools to enable an inclusive culture, that nurtures talents and distributes leadership effectively across staff. Through this approach a safe and enriching environment is enabled where students will have the confidence to step up and develop their own leadership skills that will support them in schools and throughout their lives. He also touched upon how effective leadership is more important for schools than at any time in the past as we emerge from the pandemic.
Sir Mark Grundy, CEO of Shireland Collegiate Academy Trust, who delivered the first keynote, explored the topic of retaining our best staff and achieve the highest and most specific levels of achievement for our young people. Professor Eman Gaad, Dean of the Faculty of Education and a Professor of Special and Inclusive Education, British University in Dubai (BUiD) spoke about the perceptions of educational leadership for inclusivity. Other keynotes focused on developing 21st century student leaders and leadership development at multiple levels in the school community.
Simon Higgins, Global Head of School Exams, British Council said, ‘We were delighted to host our eighth annual flagship event Schools Now! global conference in Dubai. This year’s theme, ‘Leadership at all levels’ helped school leaders to reflect on the challenges they continue to face daily in a post pandemic world, and also explored ways to develop leadership throughout their school to better support staff, students, and the wider community.’
Mark Walker, Director English & Exams, British Council highlighted the importance of bringing together education leaders from around the world to share ideas, best practices, and perspectives, ‘At the British Council, we are passionate about changing lives. We work hand-in-hand with individuals to help them gain the skills, confidence, and connections they need to transform their lives and shape a better world. From learning English to gaining internationally recognized qualifications, we are dedicated to helping our partners build networks, explore creative ideas, and access high-quality education.’
Globally, British Council Partner Schools work with more than 2,000 schools, support over 100,000 teachers and touch the lives of about one million students. With attendees from the Americas, Europe Sub-Saharan Africa, Middle East & North Africa, South Asia and East Asia, the truly global event helps to support the mission of the British Council in building connections, understanding and trust through education.
For media enquiries, please contact:
Anna Koniuhova
Senior Communications Manager
MENA at Anna.Koniuhova@britishcouncil.org
About the British Council
The British Council is the UK’s international organisation for cultural relations and educational opportunities. We support peace and prosperity by building connections, understanding and trust between people in the UK and countries worldwide. We work with people in over 200 countries and territories and are on the ground in more than 100 countries. In 2020–21 we connected with 67 million people directly and with 745 million people overall.
For more information, please visit: www.britishcouncil.org . You can also keep in touch with the British Council through http://twitter.com/britishcouncil and http://blog.britishcouncil.org/.
