Cognition® Corporation Announces Compass® PRO: A Flexible SaaS Solution Purpose-Built for Medical Device Product Development

Posted on September 20, 2023 by Operations Team

Compass PRO is the latest addition to Cognition’s Compass family, empowering medical device manufacturers to efficiently and effectively manage their design controls data by providing a solution to grow with their business.

Lexington, MA – September 20, 2023 – Cognition Corporation, a leader in Software-as-a-Service (SaaS) solutions for medical device and pharmaceutical product development, today announces Compass PRO, the latest in their product portfolio designed specifically for medical device companies. Compass PRO provides trusted guided compliance functionality with flexible customization to meet business needs and processes. Compass PRO is a SaaS solution that streamlines the design control process for medical device product development. It is purpose-built to interconnect large amounts of diverse data, including risk, requirement, and test data, while automatically applying quality processes across all company functions and user actions. The solution will be available for demonstrations starting in October.

Leveraging a structured data model, Compass PRO enables companies to confidently bring products to market faster by:

Integrating risk, requirement, and test management data into a single, connected tool;
Facilitating the easy reuse of data through data libraries;
Streamlining usability analysis in line with IEC 62366-1:2015;
Supporting compliance with ISO 13485:2016, 21 CFR 820.30, and ISO 14971:2019;
Enabling data export for storage in a document management system;
Providing effortless reporting on traceability; and
Customizing/extending functionality to meet business needs and processes.

“We have taken 20+ years of best practices and industry knowledge and poured them into our Compass product family. This gives us the ability to provide medical device companies a ‘quick start’ in managing their product development data using our guided compliance solutions with built-in templates. The release of Compass PRO is the next step in empowering medical device companies to deliver safer products to market faster by enabling them to align precisely with their business needs and processes,” said Ben Higgitt, Product Line Manager, Compass/Compass PRO. “What truly sets Compass PRO apart is its ability to provide seamless and robust connectivity between risk, requirement, and test data. In the fast-evolving world of medical device product development, staying ahead is essential, and Compass PRO is designed to guide companies toward success.”

Compass PRO provides a single solution for managing design controls data. Its key features include:

A unified environment: integrating risks, requirements, and tests to maintain consistency and linkages within the product development environment.
Design and development: step-by-step implementation of rigorous processes to support design control with a strong emphasis on requirement management to comply with 21 CFR 820.30 and ISO 13485/EU MDR.
Flexible risk environment: risk management not only requires precision but also adaptability; Compass PRO was developed specifically to ensure compliance with changing standards.
Usability analysis: built-in templates to support the usability engineering process defined in IEC 62366-1:2015 including Use Specification, Function and Task Analysis, Use Scenario Analysis, Correct Use Analysis, and Use Error Analysis.
Reusability: leveraging centrally managed libraries for Hazards and Harms, streamlining the accessibility and consistency of this critical data.
Integrated reporting and analysis: built-in reporting and analysis for easy custom report generation, allowing users to tailor reports to their specific needs—giving companies a comprehensive view of the most pivotal factors in their design controls process.
Effortless reporting on traceability: supporting the most complex trace matrices, accommodating tens of thousands of items and traces effortlessly. These trace matrices offer clear data visualization and evidence of alignment between inputs and outputs while also highlighting intricate connections among risk, requirements, and test data.
Easy document export: exporting documents is straightforward and fast in Compass PRO. Documents export submission-ready with no post-processing required.

“The entire Cognition team is thrilled to announce Compass PRO, a real game-changer for the medical device industry. With Compass PRO, we’ve put customization at the forefront, allowing our customers to tailor the software to meet their unique business needs and processes while maintaining all the functionality our medical device customers rely on,” said Gerald Wesel, Chairman & CEO, Cognition Corporation. “We believe Compass PRO will empower medical device companies to take their product development data to new heights, and we can’t wait to see the positive impact it will have on the industry.”

Compass PRO has multiple use cases to help medical device companies bring safer products to market faster. These include speeding time to market, addressing remediation, creating Design History Files (DHF), and supporting compliance with standards and regulations like ISO 14971, 21 CFR 820.30, IEC 62366-1, and ISO 13485/EUMDR. It provides unmatched connectivity between risk, requirement, and test data with a 360-degree view of a company’s product development project and with real-time and historic traceability for the most informed planning, development, and impact analysis.

For more information on Cognition’s Compass PRO solution, click here.

About Cognition

Cognition Corporation specializes in product development and compliance solutions for the life sciences industries. For medical device professionals, Cognition offers a design controls software platform that helps meet regulations faster with real-time traceability, guided design controls, and “change once, update everywhere” functionality, turning manual and disconnected data into structured submissions that enable them to get to market faster.

Unlike other design controls solutions that simply replicate traditional documents and spreadsheets, Cognition takes a structured data approach, combining risk with test and requirements data so you can easily build relevant connections between data items, automatically create complex trace matrices, and export formatted documents instantly—offering a more efficient and integrated solution.

We are shifting the data management landscape for medical device and pharmaceutical product development from a static, document-based approach to a dynamic, information-driven approach, helping to streamline and alleviate the administrative burden of product development documentation. Further information about Cognition Corporation can be found at www.cognition.us.

Media Contact
Kristen Callahan
Director of Marketing
Cognition Corporation
+1 (781) 253 – 3388
kristen.callahan@cognition.us

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LexisNexis® Canada Legal Generative AI Survey Shows Over Half of the Legal Profession Believe Generative AI Will Significantly Transform the Practice of Law

Posted on September 6, 2023 by Operations Team

Generative AI tech usage is being driven at a much higher rate by legal professionals compared to consumers – with expectations of AI use for research, communication, and drafting documents.

TORONTO, September 6, 2023 – LexisNexis^® Legal & Professional, a leading global provider of legal information and analytics, released the results of its Canadian Legal Generative AI Survey. LexisNexis Canada Inc. surveyed over 1,952 people, including 610 lawyers, 148 law students, and 1,194 consumers in Canada to better understand the overall awareness of generative AI, how the legal profession is currently using these tools, and how likely they are to adopt them in the future.

This report provides insights into the awareness, usage, impact, potential, and ethical considerations surrounding generative AI (GAI), as well as how it may impact the relationships between counsel and their clients and the education of new lawyers.

Awareness of Generative AI

The survey results show that there is an extremely high level of awareness among lawyers with 93% stating they have heard of it. In fact, lawyers have become aware of GAI at a much higher rate than the public; only 66% of consumers have reported they have heard of GAI tools, such as ChatGPT.

Potential Use of Generative AI

More than half of all lawyers (52%) and over two thirds of law students (68%) have already used it either personally or professionally. Consumers have used GAI at a slightly lower rate, with 37% already having used GAI tools either personally or professionally.

Potential use is also aligned with those currently in use by early adopting lawyers, with researching matters (59%) in the top spot. While 42% are currently using generative AI to understand new legal concepts, only 35% see the potential for that use case. The same is true for writing emails (57% are using currently yet only 46% see potential)

“We are excited to see the level of interest in Generative AI among our customers.” said Alan Votary – Head of Product, Canada. “This survey helps us understand their perceptions of this new technology, and the insights gained here will help us focus future product development, to deliver better outcomes for legal professionals.”

Potential Impact of Generative AI

When asked what impact generative AI will have on the practice of law, over half the legal market (51%) and law students (56%) believe it will significantly transform the practice of law, with nearly all believing it will have some impact.

Ethics Regarding Generative AI

A very high percentage of the legal market and law students (90%) are concerned about the ethical implications of generative AI, (with 37% of the legal market, and 39% of law students responding that their concerns are at least “significant”). However only a very few members of the legal market (6%) and law students (8%) say their concerns are fundamental.

These findings reinforce the fact that legal professionals desire to work with trusted and ethical companies as they explore and adopt generative AI solutions in their work.

About LexisNexis Legal & Professional
LexisNexis Legal & Professional^® provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis^® and Nexis^® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 11,300 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.

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Name: Collin Smith
Job Title: Director, Marketing
1-905-695-5312
LexisNexis Canada
Email: Collin.smith@lexisnexis.ca

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National Advertising Division Finds Jukebox Soap “Natural” Claims Supported; Dr. Squatch Appeals Recommendation to Discontinue or Modify Other Claims

Posted on August 24, 2023 by Operations Team

New York, NY – August 24, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that Dr. Squatch, LLC had a reasonable basis for its “natural” claims for Jukebox Soap and that the claim “no harsh chemicals” was supported. However, NAD recommended that Dr. Squatch:

Discontinue a series of claims characterizing competing products as “detergents” or modify them to avoid conveying the message that competing bars and body washes are harsh.
Discontinue the claim “made with no harsh chemicals” or modify it to better fit the evidence.
Modify certain challenged claims to avoid conveying the message that Jukebox is a women-run brand.

Dr. Squatch’s Jukebox brand distinguishes itself from competing bars and cleansers as being “real” soap formulated by cold process saponification and made with natural ingredients.

The claims at issue, which appeared in Jukebox email marketing, product packaging, and on Jukebox’s website and social media pages were challenged by Unilever U.S., Inc., manufacturer of Dove brand cleansers and body washes.

Natural Claims

NAD concluded that Dr. Squatch provided a reasonable basis for its “natural” claims because its evidence indicates that all but a fractional amount of the ingredients in Jukebox soaps are natural or naturally derived and that the saponification process involves minimal processing.

Detergent Claims

NAD found that Dr. Squatch’s designation of competing bars and body washes as “synthetic detergents” is technically accurate under the Food and Drug Administration’s (FDA) classification of skin cleansers. However, because consumers might not be familiar with the FDA’s technical classification and would rely instead on the common understanding of the term “detergent,” NAD concluded that the challenged claims may reasonably convey the misleading message that competing products, including Dove, are harsh and damaging – a message not supported by the evidence in the record.

Further, NAD determined that the addition of the phrase “they are classified by the FDA as synthetic detergents” in the claim is not likely to limit the reasonable associations with the words “detergent” and “synthetic detergent.”

Therefore, NAD recommended that Dr. Squatch discontinue its “detergent” claims or modify them to avoid conveying the message that competing bars and body washes are harsh.

“Made with No Harsh Chemicals”

NAD concluded that although no traces of lye remain in the finished Jukebox product, the use of lye in the saponification process renders the claim “made with no harsh chemicals” inaccurate. NAD therefore recommended that the claim be discontinued or modified to better fit the evidence.

At the same time, NAD determined that a similar claim, “no harsh chemicals,” which appears on Jukebox packaging in a monadic context, does not convey the implied message that competing bars and washes contain harsh chemicals or are otherwise damaging or unsafe. NAD found that the “no harsh chemicals” claim was supported and truthfully highlights the absence of harsh chemicals in the finished product.

Claims about Jukebox’s Leadership

NAD determined that the statement “Who runs the world? Girls” in conjunction with the statement “From our world-class natural perfumers and in-house artisan soap makers to our bubbly leadership, we’re a band of music & soap-lovin’ ladies” did not convey the message that Jukebox was a women-owned company. However, NAD recommended that those statements be modified to avoid conveying the message that Jukebox is a women-run brand.

During the proceeding Dr. Squatch agreed to permanently discontinue a number of other challenged claims. Therefore, NAD did not review these claims on the merits.

In its advertiser statement, Dr. Squatch stated that it will appeal NAD’s decision regarding Jukebox’s detergent claims because it disagrees with NAD’s interpretation of the term detergent and “maintains that each of its claims respecting synthetic detergents is truthful and non-misleading.” Dr. Squatch will also appeal NAD’s recommendation to modify the Jukebox advertising to avoid conveying the message that Jukebox is a women-run brand.

Unilever will cross-appeal NAD’s decision with respect to the “natural” claim.

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.

This press release shall not be used for advertising or promotional purposes.

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

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

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

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Google Appeals National Advertising Division Recommendation to Discontinue Claim that YouTube TV Service is “$600 Less Than Cable”

Posted on August 22, 2023 by Operations Team

New York, NY – August 22, 2023 – In a Fast-Track SWIFT challenge brought by Charter Communications, Inc., the National Advertising Division (NAD) of BBB National Programs recommended that Google, LLC discontinue the claim that its YouTube TV service is “$600 less than cable.”

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD. At issue for NAD was whether the comparative pricing claim in two of Google’s commercials for YouTube TV service was supported.

The challenged “$600 less than cable” claim” is followed by a disclosure identifying “comparable standalone cable” as the basis of comparison.

The price calculation underlying the challenged claim includes the cost of two set-top boxes per household for “standalone cable” services. NAD found, however, that this comparison is not a good fit for the challenged claim comparing YouTube TV’s pricing to “cable” generally since cable providers like Charter offer streaming options that may not require a set-top box.

In the context of the “cable” comparison, NAD found the claim reasonably conveys the cost of YouTube TV is compared to all cable services.

Further, NAD noted that in this dynamic and competitive market it may be difficult to identify “comparable” offerings. However, in several markets cable providers offer regional sports networks but YouTube TV does not. NAD determined that it is reasonable for consumers to believe that YouTube TV offers at least the same channels as cable for viewing basketball.

For these reasons, NAD recommended that Google discontinue the claim that its YouTube TV services are “$600 less than cable.” NAD noted, however, that nothing in its decision precludes Google from making other truthful and non-misleading claims comparing the price of YouTube TV with the pricing of services offered by any cable provider.

In its advertiser statement, Google stated that it “unequivocally disagrees” with NAD’s decision and its “interpretation of ‘comparable’ offerings” and that it will appeal because it “believes that consumers broadly understand the difference between traditional cable and streaming and that they do not interpret ‘cable’ or ‘standalone cable’ offered via a ‘cable box’ as encompassing streaming services, regardless of who provides them.”

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. Per NAD Procedures, this release shall not be used for advertising or promotional purposes.

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

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National Advertising Division Recommends T-Mobile Modify or Discontinue Claim About the Ability to Watch Live Major League Baseball Games on MLB.tv

Posted on August 22, 2023 by Operations Team

New York, NY – August 22, 2023 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile US, Inc. discontinue the claim that T-Mobile customers who download the T-Mobile Tuesdays App will be able to watch “every regular season [Major League Baseball] game live or on demand,” or modify the claim to make clear which categories of live games are available with the MLB.tv benefit.

In this Fast-Track SWIFT challenge, the claim at issue, which appeared in an instructional YouTube video, was challenged by AT&T Services, Inc. Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to NAD.

Although T-Mobile voluntarily modified the challenged claim during the proceeding to say that with the MLB.tv app, T-Mobile customers will be able to “enjoy every 2023 out-of-market, regular season game live or on demand,” a modification that made the claim accurate and not misleading, T-Mobile did not represent that it would permanently modify the claim to include “out-of-market” in any other future executions of the advertising. Therefore, NAD addressed the claim as it was originally challenged.

NAD determined that the challenged claim reasonably conveys a message that T-Mobile customers will be able to watch all regular season games live, whether they are nationally televised games, in-market games, or out-of-market games.

NAD concluded that such a message is not supported because, while all games that have been played already are available for viewing on demand, all games are not available live. NAD also noted that the “blackouts and other restrictions apply” disclosure does not cure the challenged claim as it contradicts the main message that all games are available live.

In its advertiser statement, T-Mobile stated that it “will comply with NAD’s decision” and that it “appreciates NAD’s recognition that the voluntary change it already made to [its] instructional video was sufficient to address AT&T’s alleged concerns.”

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

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Vesync Voluntarily Discontinues Certain Claims for HEPA Air Purifiers Following National Advertising Division Challenge by Dyson

Posted on August 15, 2023 by Operations Team

New York, NY – August 15, 2023 – Following a BBB National Programs National Advertising Division (NAD) challenge, brought by competitor Dyson, Inc., Vesync Co., Ltd. voluntarily discontinued certain claims for its HEPA air purifiers.

Dyson challenged claims that Vesync’s Levoit EverestAir Smart True HEPA, Core 300, and Core 300S True HEPA air purifiers and their respective replacement filters have passed HEPA standards and argued that such claims conveyed other misleading messages.

In response to the challenge, Vesync asserted its belief in the efficacy of its products and stated that the challenged claims were made based on pre-existing independent third-party data. Vesync informed NAD that it was in the process of updating its testing data, however, and that for reasons unrelated to Dyson’s challenge, it had elected to permanently discontinue the challenged claims. Therefore, NAD did not review the claims on their merits.

In its advertiser statement, Vesync thanked NAD for its attention to the matter and stated that it “does not concede that there was anything misleading about the claims but has decided to voluntarily discontinue the claims.”

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.

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

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National Advertising Division Finds One Claim for RevWood Flooring Supported and Recommends Other Claims be Discontinued; Mohawk to Appeal

Posted on August 15, 2023 by Operations Team

New York, NY – August 15, 2023 – The National Advertising Division (NAD) of BBB National Programs determined that the Mohawk Industries Inc.’s “Authentic imprint of Hardwood” claim for its RevWood laminate flooring product line was not misleading. However, NAD recommended that Mohawk discontinue the claims:

“Wood Without Compromise”
“The Perfect Wood for Your Home”

The claims at issue were challenged by the Decorative Hardwoods Association, which represents the hardwood plywood, hardwood veneer, and engineered hardwood flooring industries.

“Authentic Imprint of Hardwood”

NAD concluded that Mohawk’s “Authentic imprint of Hardwood” claim was not misleading because the message conveyed is that RevWood products offer a similar texture to real hardwood. Notably, NAD found that this message is reinforced by images and disclosures appearing near the claim.

“Wood Without Compromise”

NAD found that in the context of Mohawk’s advertising, consumers may take away the misleading message that RevWood is wood flooring from the slogan “Wood Without Compromise.” However, RevWood is a laminate flooring product that mimics the appearance and texture of wood. Further, although some advertising discloses that “RevWood combines the beauty of hardwood with the toughness of laminate,” NAD determined that these disclosures do not prevent the claim from being misleading because they contradict the claim.

For these reasons, NAD recommended that Mohawk discontinue using the slogan “Wood Without Compromise.”

“The Perfect Wood for Your Home”

NAD determined that one message reasonably conveyed by Mohawk’s use of “The Perfect Wood for Your Home” claim in the challenged advertising is that RevWood is wood. NAD noted that disclosures stating that RevWood products are laminates appear on the website in several sections far from the main claim and contradict the main claim. Therefore, NAD recommended Mohawk discontinue the claim to avoid conveying the message that RevWood is wood.

In its advertiser statement, Mohawk stated that it will appeal NAD’s decision regarding “Wood Without Compromise” because it believes “NAD did not give proper weight to the context within which the slogan is used, which prominently identifies the product as laminate wood, or to the substantial care consumers take in purchasing flooring products, both of which dispel any realistic potential for consumer confusion.” Mohawk also believes NAD did not give proper weight to evidence that “the product name is ‘laminate wood flooring’” and that “there is no evidence that even a single consumer has been confused…despite the fact that we have made prominent use of the slogan for more than five years.”

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.

This press release shall not be used for advertising or promotional purposes.

Contact Information

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

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National Advertising Review Board Recommends Shark Modify or Discontinue Certain Advertising Claims for Shark Stratos Vacuum

Posted on August 8, 2023 by Operations Team

New York, NY – August 8, 2023 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that SharkNinja Operating, LLC modify or discontinue certain advertising claims for its Shark Stratos Powered Lift-Away upright vacuum. The claims relate to its “superior hair pick-up ability and odor neutralizing technology.”

Following an earlier decision by the National Advertising Division (NAD) (Case No. 7151), Shark appealed NAD’s recommendations to modify or discontinue the challenged advertising claims which appear in Shark’s 30-minute infomercial for the Stratos vacuum. The advertising at issue had been challenged by Dyson, Inc., maker of competing vacuum cleaners.

Best Hair Pickup Claims

In agreement with NAD, the NARB panel concluded that Shark’s testing against competitive vacuum cleaners did not support its category superiority claims to have the “best hair pick-up of any vacuum.” Rejecting Shark’s argument that it was reasonable for the advertiser to have limited the testing to upright brands that the advertiser claimed “specialize” in hair pickup, NARB found that the tests were inadequate because they evaluated less than 3% of all upright vacuum cleaner unit sales and also that the test methodology relied on was not acceptable in that it only tested pet hair.

Therefore, the NARB panel recommended Shark modify its advertising to avoid conveying the unsupported messages that the Stratos offers:

“The best hair pickup of any vacuum,”
“The best hair pickup of any upright vacuum in America,” and
“The most hair pickup from floor to dust cup of any vacuum in America.”

Odor Neutralizing Claims

The NARB panel also found that Shark’s infomercial conveys messages that all odors have been eliminated.

The NARB panel determined that the express claim that “Shark solves [the problem of vacuum odor] with a new and unique breakthrough odor neutralizer technology. This technology interacts with odor-causing particles and transforms the bad odors into fresh-smelling air. It’s so powerful, it continues to work month after month after month for long-lasting odor control” is unsupported and recommended that it be discontinued.

Further, the NARB panel agreed with NAD and found the demonstration shown in Shark’s infomercial in which several blindfolded consumers are shown evaluating the odor being emitted by the Stratos and two competitive vacuum models is unsupported.

The NARB panel also concluded that NAD properly recommended that Shark discontinue:

The implied claim that the Stratos reduced odor even when the cleaner head is not attached, and
The statement that the Stratos featured “a new and unique breakthrough odor neutralizer technology.”

Finally, the NARB panel adopted NAD’s recommendations to discontinue the following implied odor reduction messages conveyed in the infomercial:

Most consumers prefer the smell of the Stratos’ exhaust to that of the Bissell Powerforce Helix and the Dyson Ball Animal 2.
Most consumers find the Stratos’ exhaust to be affirmatively pleasant-smelling, whereas the same majority finds the Bissell Powerforce Helix’s and the Dyson Ball Animal 2’s exhausts to be affirmatively unpleasant smelling.
The “smell test” demonstration in Shark’s Stratos infomercial reflects the results of a robust and statistically significant study of representative consumers.
The Stratos’ “odor neutralizer” cartridge captures odor-carrying particles, or otherwise completely removes their offending odors, such that no unpleasant odors or unpleasant-smelling particles will travel farther into the vacuum.
The Stratos’ “odor neutralizer technology” is effective at preventing unpleasant odors from spreading through or escaping the Stratos, regardless of the vacuum’s cleaning mode or configuration, including when the product is used without its cleaner head.

In the alternative, the NARB panel recommended that Shark modify the claims to reflect the supported message that the Shark Stratos’ odor neutralization technology reduces malodor.

Shark stated that it “is a strong supporter of voluntary industry self-regulation and agrees to comply with NARB’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.

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Name: Jennie Rosenberg
Email: press@bbbnp.org
Job Title: Media Relations

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Following National Advertising Division Challenge, Project Makeover Video Game Advertising Depicting Harmful Social Stereotypes is Discontinued

Posted on July 28, 2023 by Operations Team

New York, NY – July 28, 2023 – Following a challenge brought by the National Advertising Division (NAD) of BBB National Programs as part of its routine monitoring program, Magic Tavern, Inc. discontinued certain advertising used to promote a mobile video game called Project Makeover.

The advertising, appearing in digital advertising and on YouTube, depicts a female character who faces rejection and ridicule because her physical appearance changes from “pretty” to “ugly.” Notably, the transition to ugly is highlighted by a notable change in the female character’s clothing, hygiene, and make-up. All these physical changes to the female character are accompanied by a drastic visible change in how the male character in the advertising responds to her.

NAD determined that the challenged advertising depicts harmful negative gender stereotypes about a woman’s appearance because it portrays women as helpless and social outcasts if they fail to maintain a feminine appearance conveying a misleading message that to be treated fairly, women must present themselves in a specific, feminine way. Additionally, NAD noted that the challenged advertisements do not reflect actual gameplay and that the negative stereotypes appear to be used only for shock value, to attract attention to the game.

During the proceeding, Magic Tavern discontinued the advertising and represented that it will not use similar advertisements in the future. However, because Magic Tavern was aware of the continued dissemination of the advertising by third parties, NAD recommended that the advertiser take steps to request removal of its discontinued advertising from third-party websites.

In its advertiser statement, Magic Tavern stated that it “will comply with the NAD’s recommendations.” Magic Tavern also stated that it, prior to NAD’s monitoring inquiry, “took steps to discontinue the challenged ads and took various additional steps, including implementing a revised set of creative guidelines for ads and conducting an additional review of creatives served by (or on behalf of) Magic Tavern.”

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.

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Jennie Rosenberg
Media Relations
BBB National Programs
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National Advertising Division Finds Certain T-Mobile Device Financing Claims Supported; T-Mobile Appeals Recommendations to Discontinue or Modify Others

Posted on July 27, 2023 by Operations Team

New York, NY – July 27, 2023 – In a challenge brought by AT&T Services, Inc., the National Advertising Division (NAD) of BBB National Programs determined that certain claims made by T-Mobile US, Inc. in its “Phone Freedom” advertising campaign were supported. However, NAD recommended that T-Mobile discontinue certain comparative phone upgrade claims and modify claims related to the availability of device deals to both new and existing customers and disclosures used in connection with T-Mobile’s payoff and free phone offers.

The claims at issue appeared in various media, including television commercials, a radio advertisement, and on T-Mobile’s website. To incentivize customers to switch to T-Mobile, the “Phone Freedom” campaign advertises that T-Mobile will pay off a customer’s phone contract and give a free 5G smartphone to customers who switch to T-Mobile’s Go5G Plus Plan.

Upgrade Claims

NAD found T-Mobile’s claim “AT&T & Verizon require three-year device financing to get their best offers & you lose your promo credits if you upgrade after two years” to be supported.

NAD concluded that a message reasonably conveyed by T-Mobile’s claims that “AT&T and Verizon rope you in with phone offers then bind you to a three-year device contract” and “You’re upgrade ready a year earlier” is that AT&T customers financing their phone from AT&T are unable to upgrade their phone until expiration of their three-year phone contract. Because this message overstates an AT&T customer’s inability to upgrade and the upgrade advantage offered by T-Mobile and is not supported by evidence in the record, NAD recommended that these claims be discontinued and that T-Mobile modify its advertising to avoid conveying the unqualified messages that AT&T customers are only able to upgrade their phone every three years and that T-Mobile customers can upgrade their phones one year earlier than AT&T customers.

NAD noted that nothing in its decision prohibits T-Mobile from making truthful claims that its installment plan contracts have a standard two-year term that positions T-Mobile customers to upgrade their phone without a loss of promotional credits one year earlier than AT&T customers who are financing their phone pursuant to a phone deal from AT&T.

New and Existing Customers Claim

NAD evaluated the claim “Introducing Go5G Plus, the first plan that always gives new and existing customers the same great device deals” and determined that customers may reasonably take away a message that T-Mobile’s Go5G Plus plan is the first plan that allows new and existing customers to presently get all the same device deals – a message not supported by the record.

NAD recommended that T-Mobile modify the claim to clearly convey that the Go5G Plus plan is the first plan that provides that future device deals will be equally available to new and existing customers.

Payoff and Free Phone Claims

T-Mobile advertises that it will pay off a customer’s phone contract and give a free 5G smartphone to customers who switch to T-Mobile’s Go5G Plus plan. NAD considered whether T-Mobile adequately discloses material limitations on these offers.

NAD found that T-Mobile sufficiently disclosed in its Locked television commercial that its payoff offer is limited to an amount up to $650 but recommended that T-Mobile modify its radio and website advertisements to disclose the up to $650 limitation in the claim itself or in similar font size and in immediate proximity to the claim.

Further, to avoid conveying a misleading message that T-Mobile will provide a new customer with any of the latest 5G smartphones for free, NAD recommended that T-Mobile clearly and conspicuously disclose the up to $830 price limitation in close conjunction with the free phone claims.

In its advertiser statement, T-Mobile stated that it will appeal NAD’s decision because it believes that “T-Mobile’s advertising truthfully conveys the many benefits available to customers as a result of Phone Freedom.”

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

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

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