Tag: Reportedtimes

New York, NY – November 8, 2024 – In a challenge brought by competitor CoStar Group, BBB National Programs’ National Advertising Division determined that Move, Inc. provided a reasonable basis for its claim that Realtor.com is the “#1 site real estate professionals trust.”

Realtor.com, operated by Move, Inc., is affiliated with the National Association of Realtors, the real estate industry trade association that owns the US trademark to the term “Realtor.”

The challenged claim appeared online, including at the top of Realtor.com’s homepage. In some advertising, the claim appeared with a disclosure that it is “based on an Aug. 2023 proprietary survey among real estate professionals.”

In support of the challenged claim, Move relied on results of a double-blind survey of over 1,300 real estate professionals conducted in August 2023.  by a market research firm. The National Advertising Division (NAD) determined that the survey was reliable support for the claim.

Further, NAD determined that the survey remained timely during the period of the challenge. Nevertheless, because preferences on any website might change after a year for various reasons, NAD cautioned Move that the August 2023 survey’s validity will not last in perpetuity and that a newer survey to support the claim will be necessary in the near future.

As the timing of the survey is potentially material to the audience for whom the claim is intended, NAD recommended that, to the extent Move has not already done so, the fact that the survey was conducted in August 2023 should be clearly and conspicuously disclosed in close proximity to the main claim.

In its advertiser statement, Move stated that “in the ordinary course it has already conducted a newer survey in August 2024, which found that Realtor.com remains the #1 site real estate professionals trust’ and will therefore update its citation to reflect that going forward.”

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

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

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

New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile US, Inc., BBB National Programs’ National Advertising Division recommended that Verizon Communications Inc. either discontinue certain claims about satellite-supported texting services in remote locations or, alternatively, modify the advertising to clearly and conspicuously disclose the necessary conditions for Verizon customers to use this feature.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD). T-Mobile argued that Verizon’s advertising reasonably conveyed the message that Verizon offers satellite-supported texting services in remote locations regardless of what phone a Verizon customer has.

The challenged advertising appeared on Verizon’s website and in three commercials, Wonder, Triumph, and Love. Each commercial depicts individuals in a remote location communicating with a loved one and ends with “Text Anywhere via Satellite” and a small font disclosure reading “Satellite connectivity requires select smartphones. Must be outside w/line of sight to satellite; might not work in parts of Alaska.” NAD determined that the disclosure in Verizon’s commercials is not clear and conspicuous and is unlikely to be read and understood by consumers.

On Verizon’s website, prospective customers are informed that they can “text anywhere with satellite” as one of the “get more” benefits offered to Verizon customers. Verizon’s website provides some details about the material conditions of this text by satellite service, however, NAD concluded the disclosures on the website are not clear and conspicuous. 

For these reasons, NAD found Verizon’s advertising reasonably conveys that customers can use satellite-supported texting services in remote locations and not that it is limited to Apple devices that can operate the latest mobile software. Therefore, NAD recommended that:

• Verizon discontinue the challenged claim, or
• Modify the advertising to clearly and conspicuously disclose, in close proximity to claims about satellite service in remote locations, that consumers must use or purchase specific new model smartphones and use updated software to access the service.

In its advertiser statement, Verizon stated that it “appreciates NAD’s attention to this matter and will comply with the SWIFT decision.”

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

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

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

New York, NY – November 6, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by competitor Elanco Animal Health Incorporated, PetIQ, LLC discontinued the following claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites:

• “Fastest-acting 30-Day topical protection available”
• “The fastest killing flea & tick topical available”

During the proceeding, PetIQ voluntarily agreed to permanently discontinue the challenged express claims and the resulting implied claims.

Therefore, the National Advertising Division (NAD) did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

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

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

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

New York, NY – November 4, 2024 – As part of its routine monitoring program, BBB National Programs’ National Advertising Division inquired about certain claims made by Drunk Elephant, LLC in social media and determined that Drunk Elephant provided a reasonable basis for its claim that certain skincare products in an Instagram post are “safe for kids and tweens to use.”

However, the National Advertising Division (NAD) also determined that two TikTok videos demonstrating and reviewing Drunk Elephant’s B-Goldi Bright Drops did not sufficiently disclose the material connection between Drunk Elephant and the influencers promoting its products. Therefore, NAD recommended that Drunk Elephant contact the influencers to have the posts modified to include such disclosures.

Influencer Practices

A TikTok video post featuring Alix Earle, a Drunk Elephant paid influencer, states “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… wait til you see these b goldi drops #drunkelephantpartner.” The hashtag is on the fifth line and only visible if the viewer clicks on the hyperlink “more.”

NAD found that Ms. Earle’s material connection disclosure “#drunkelephantpartner” is not clear and conspicuous for several reasons. Drunk Elephant advised NAD that it reached out to Ms. Earle to edit or delete the post. NAD recommended that Drunk Elephant continue to seek modification of the challenged post to:

• Ensure the hashtag (#drunkelephantpartner) appears clearly and conspicuously without having to click on a hyperlink and as separate words so that viewers can understand it, and
• Include a clear and conspicuous material connection disclosure within the video.

The other TikTok video post was created by Sophia Pauline, an unpaid influencer who received free product from the company. Sophia Pauline’s video post did not feature a material connection disclosure. The text accompanying her post states “b-goldi illuminating drops are 10/10.” NAD noted that receiving free product constitutes a material connection that requires disclosure and recommended Drunk Elephant request Sophia Pauline modify her post to include a clear and conspicuous material connection disclosure.

During the inquiry, Drunk Elephant advised NAD that it will take reasonable steps to encourage influencers receiving free products to make clear and conspicuous material connection disclosures and provide instruction on required disclosure practices as part of the materials that Drunk Elephant sends to influencers. Drunk Elephant also informed NAD it will clearly and conspicuously display a material connection disclosure if reposting endorsements from unpaid influencers receiving free products.

Safety Claims

NAD inquired about a Drunk Elephant Instagram post with the express claim, “Here’s a list of our products that are safe for kids and tweens to use: Beste, LaLa, Bora (it’s very rich so this one depends on level of dryness). F-Balm, Wonderwild, Virgin Marula Oil, Umbra Sheer, B-Hydra, D-Bronzi, O-Bloos, Lippe Pekee, Kamil Body Cleanser, Sili Body Lotion, Sili Whipped, Wild Marula Tangle Spray, and Cocomino shampoo + conditioner.”

NAD concluded that Drunk Elephant had a reasonable basis for its claim that the 18 products in the challenged Instagram post are “safe for kids and tweens to use.” NAD found that reasonable consumers would understand the claim to mean that these products meet safety standards for cosmetics intended to be applied to the skin of teens and tweens, a message that was supported. 

During the proceeding, Drunk Elephant voluntarily agreed to permanently discontinue the challenged testimonials featured in an Instagram video as part of their #BareWithUs campaign. Therefore, NAD did not review these claims on their merits and will treat the claims for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, Drunk Elephant stated that it “will comply with NAD’s recommendations” and noted that it “appreciates NAD’s important role in advertising industry self-regulation.” 

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

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

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

• Inspectors award four new eateries one MICHELIN Star
• Four new Bib Gourmands added, plus four Special Awards
• 57 total restaurants, 25 cuisine types reflected in Atlanta Guide

ATLANTA, Oct. 28, 2024 — The 2024 edition of the MICHELIN Guide Atlanta highlights four new one MICHELIN Star restaurants and four new Bib Gourmands. The full selection was announced Monday night at the Georgia World Congress Center.

O by Brush, Omakase Table, Spring and Staplehouse were each awarded one MICHELIN Star, bringing the city’s total to nine. In addition, Masterpiece, Superica, Table & Main and Whoopsie’s were each honored with the Bib Gourmand distinction, bringing the city’s total to 14. The full selection, including Recommended eateries, totals 57 restaurants representing 25 cuisine types.

“As we toast to year two of the MICHELIN Guide in Atlanta, the passion and talent of the local gastronomy community continues to impress the anonymous

Inspectors,” said Gwendal Poullennec, the International Director of the MICHELIN Guides. “We are very proud to welcome four new MICHELIN Star restaurants to the MICHELIN Guide family for the first time. Congratulations to the city of Atlanta for another outstanding year for their restaurant and hospitality community.”

Here are the new one MICHELIN Star restaurants and Bib Gourmands, with Inspector notes from each (Inspectors’ comments in full on the MICHELIN Guide website and mobile app):

One MICHELIN Star

O by Brush (Sushi-Japanese cuisine)

Brush Sushi is located in a fashionable shopping center with the likes of Rolex and Dior, but step inside this stylish space to discover O by Brush, a separate omakase counter helmed by Chef Jason Liang. The extensive procession will begin with several starters before moving into nigiri such as beautifully rich shima aji, warayaki sawara that is hay smoked over coals then sliced and filled with rice, and anago tempura temaki finished over binchotan coals. A tasting of dry-aged hirame and kanpachi is a delightful surprise, as is the tamago tasting, featuring the classic style alongside a tender, cake-like version. The wide-ranging sake selection, also available by the glass or carafe, is the perfect complement.

Omakase Table (Sushi-Japanese cuisine)

Here at this serious counter-focused setting, Chef Leonard Yu and his small team presiding over a multicourse experience that leans traditional while offering a nice balance of variety and seasonality. A smattering of otsumami begin the evening on a strong note with shaved Waygu beef lightly poached in sukiyaki sauce with a quail egg. The chef’s signature dish, uni gohan with otoro, is decadent, while corn potage delivers an impressive depth of flavor. Meanwhile, nigiri showcases character without any flash: Kawahagi is topped with flash- frozen liver paste that melts on the tongue, while sharkskin sole with engawa is given a fantastic sear. Not to be outshined, vanilla ice cream is taken to new heights with the addition of aged shoyu.

Spring (Contemporary cuisine)

Find your way to this small but well-appointed restaurant in Marietta where exposed brick and a vaulted ceiling done in dark wood create an endearing charm. Chef Brian So oversees a tightly edited, contemporary American menu with a strong focus on seasonality. Skillful but simple cooking is the dictum here, where ingredients speak for themselves, and plates are stunning without ever being showy. The house-made sourdough with garlic chive butter is delicious, but don’t fill up, as the pan-seared wild king salmon topped with Hollandaise sauce and trout roe is equally appealing. A maple-glazed cruller with sliced almonds in an amaretto crème anglaise is a bold and distinctive dessert, and the wine list is especially impressive.

Staplehouse (Contemporary cuisine)

Open two nights a week for dinner (Friday-Saturday) and located in the Old Fourth Ward, Staplehouse promises a convivial evening of conversation and talented cooking. An open kitchen, exposed brick, and a high ceiling lend a rustic/industrial vibe to this charmingly attended-to place. Here, a contemporary tasting menu flips the script with a hearty, far-from-fussy offering. You won’t find foie gras or caviar here, but you will discover a cabbage course that sings with character and flavor. A thick slice of grilled sirloin steak with a crispy morel mushroom is sided by a wedge of grilled gem lettuce with tiny florets of sprouting cauliflower. Finally, a citrus tart with honeycomb candy is spot on.

Bib Gourmand

The MICHELIN Guide Inspectors identified four new restaurants to award the Bib Gourmand designation, which recognizes eateries for great food at a great value.

Masterpiece (Chinese cuisine)

A long-standing favorite for mouth-numbing Sichuan specialties, Masterpiece is a bit out of the way in Duluth in an unassuming strip mall but it’s worth the drive. Inside, it’s appointed with light tile floors, while creamy yellow walls are lined with red “leather” booths but make no mistake: you’re here for the food not the feels. The hearty Sichuan food is served family style with care and focus shown in dishes like dong po pork, a square of meltingly tender pork belly in a dark brown sauce that is sweet and vibrant. Meanwhile, skinned eggplant sliced into thick matchsticks really showcases the kitchen’s skills. Lightly fried and dusted with chili powder and pepper ash powder for a fiery kick, these treats have a gorgeous crunch and a creamy center.

Superica (Tex-Mex cuisine)

There’s nearly a dozen of these popular spots around, but it’s this original at Krog Street Market that started it all. There is a contemporary industrial feel here, with high ceilings, a large bar, and an open kitchen. A buzzy vibe adds to the amiable ambience, but it’s the food that lures the crowds—Tex-Mex cooking that is as enjoyable as it is approachable. Start with the paper-thin tortillas and salsa that arrive almost immediately before moving on to shareable queso fundido that can be pumped up with vegetables, shrimp, or chorizo. Saucy, cheesy enchiladas served with rice and beans are a go-to order or opt for tacos al carbon with flour tortillas norteña, smoked onions, and flavorful protein selections. Ice-cold margaritas are the perfect accompaniment, naturally.

Table & Main (Southern cuisine)

Head to Roswell to find this gem, located inside a converted home, then step inside for Southern charm at its very best. It’s packed with a host of well-heeled guests, all chatting and celebrating. Chef Woolery “Woody” Back mans the stoves in a kitchen that focuses on seasonal, elevated Southern food. Cornbread or “pigs in quilts” make for ideal openers, but if you’re leaning into the seasons, opt for dishes like asparagus bisque, a piping hot bowl of spring-minded goodness. Fried chicken brims with flavor and is impossibly delicious, and it’s a good thing the portion is overly generous, as you’ll want to tuck into leftovers later. Mac and cheese or collard greens make for perfect partners on the plate.

Whoopsie’s (American cuisine)

Make no mistake— Whoopsie’s is a fun, quirky spot where you’ll yearn to be a regular. If you do, you won’t be bored, as their menu is a constantly evolving mix of cold dishes, hot dishes that also work well as sides, and a daily changing protein (think prime rib one day and roasted chicken thighs with golden-brown skin another), plus a sandwich of the day. You won’t leave hungry, as the portions are generous, and the cooking is humble but well executed. Kick things off with the Southern snack tray, served on a plastic cafeteria tray with the various compartments filled with a collection of Southern classics like pimento cheese spread, chow chow, pickled veggies, and pork terrine. One dessert is offered daily. If it’s the pecan pie, it’s a fitting finale.

MICHELIN Special Awards

In addition to the Bib Gourmand and Stars, the Guide announced four Special Awards:

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

Hotels

The restaurants join the MICHELIN Guide selection of hotels, which features the most unique and exciting places to stay in Georgia and throughout the world.

Each hotel in the selection has been chosen by MICHELIN Guide experts for its extraordinary style, service and personality — with options for all budgets — and each can be booked directly through the MICHELIN Guide website and app. The selection for Georgia features the state’s most spectacular hotels, including design- forward boutiques like the Clermont (one MICHELIN Key) in Atlanta and the Perry Lane (one MICHELIN Key) in Savannah, standouts from our “Plus” collection like the intimate Stonehurst Place (one MICHELIN Key), and dependable luxury-boutique stalwarts like the Thompson.

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 2024 MICHELIN Guide Atlanta selection:

Atlanta’s 2024 MICHELIN-Green-Starred restaurants

Atlanta’s 2024 MICHELIN-Starred restaurants

Atlanta’s 2024 Bib Gourmand restaurants

Atlanta’s 2024 Recommended restaurants

The MICHELIN Guide in North America

Michelin announced its first North American Guide in 2005 for New York. Guides have also been added in Chicago (2011); Washington, D.C. (2017); California (San Francisco in 2007, statewide 2019); Miami/Orlando/Tampa, Florida (2022); Toronto (2022); Vancouver (2022); Colorado (2023); Atlanta (2023), Mexico (2024), Texas (2024) and Quebec (2024).

About the MICHELIN Guide

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

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

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

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

Thanks to the rigorous MICHELIN Guide selection process that is applied independently and consistently in more than 45 destinations, the MICHELIN Guide has become an international benchmark in fine dining.

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

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

About Michelin North America, Inc.

Michelin is the leading mobility company and manufacturer of life-changing composites and experiences. For more than 130 years, Michelin has made contributions to human progress and to a more sustainable world. Michelin is constantly innovating to manufacture high- quality tires and components for critical applications for demanding fields, including mobility, construction, aeronautics, low-carbon energies and healthcare and offer the finest experiences, from providing data- and AI-based connected solutions for professional fleets to recommending outstanding restaurants and hotels curated by the MICHELIN Guide. Headquartered in Greenville, S.C., Michelin North America has approximately 23,500 employees and operates 35 production facilities in the United States (michelinman.com) and Canada (michelin.ca).

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.

New York, NY – October 24, 2024 – In a challenge brought by competitor Louisiana-Pacific Corporation, BBB National Programs’ National Advertising Division determined that, in connection with certain testimonials for James Hardie Building Products, Inc.’s fiber cement siding, no additional disclosure of material connections is necessary, but recommended that other claims be modified or discontinued.   

The National Advertising Division (NAD) recommended that James Hardie:

• Discontinue claims that houses survived wildfires because of James Hardie siding.
• Discontinue or modify its advertising to avoid conveying the message that James Hardie siding by itself offers protection from wildfires.
• Discontinue its flammability comparison test and related claims that it conducted a valid comparison of the combustibility of home siding.
• Disclose its material connections with the firefighter endorser in its video demonstration.
• Discontinue its water block display and related claims about the difference between wood composite siding and fiber cement when immersed in water.

Further, NAD determined that:

• No disclosure of material connections is necessary in connection with James Hardie’s Firefighter & First Responder Rebate Program; and
• James Hardie’s website did not reasonably convey the messages that siding can protect from fires that start inside the house or that fires generally start outside the home such that the home siding significantly impacts whether the home and its contents will be damaged by fire.

Survival Claims

Louisiana-Pacific challenged claims made in two videos featuring survivors of wildfires that destroyed multiple homes, attributing the survival of their homes to James Hardie siding.

NAD determined that, in context, some consumers may reasonably take away the message that these homes survived solely due to Hardie siding. Moreover, even though the homeowners and others in the videos recount personal experiences with their houses, reasonable consumers may also take away the message that houses surviving a wildfire is a typical outcome when using Hardie siding.

NAD concluded these messages are not supported by the evidence in the record. Therefore, NAD recommended that James Hardie discontinue the challenged express and implied claims that houses survived wildfires due to James Hardie siding.

Demonstration

Louisiana-Pacific challenged a video product demonstration comparing fiber cement siding to competing products when exposed to flame, which appeared on YouTube and James Hardie’s website.

NAD concluded that the video demonstration reasonably conveys a message that Hardie siding can significantly reduce the risk of fire damage, by itself, against all types of external fires – a message that is not supported by the evidence.

Therefore, NAD recommended that James Hardie modify or discontinue the implied claims that:

• James Hardie fiber cement siding significantly reduces the risk of fire.
• James Hardie’s combustibility comparison test predicts the performance of various exterior sidings when exposed to fire.
• James Hardie constructed the combustibility comparison test to reflect real-world conditions in general

Further, NAD concluded that James Hardie failed to provide a reasonable basis for its claim of a valid comparison of home siding combustibility and recommended the claim and the demonstration be discontinued.

Endorsements

Louisiana-Pacific raised issues of the use of endorsements in one of the videos and the demonstration, contending that material connections were not disclosed and that other aspects of the endorsements were misleading.

Overall, NAD did not find additional disclosure of material connections necessary.  

However, NAD determined that three isolated examples of support from individuals are insufficient to support a broad claim of recognition “by fire departments nationwide” and recommended that James Hardie discontinue claims that its siding is recognized by fire departments nationwide.

Water Block Display

At trade shows, James Hardie displayed a clear plastic box with compartments containing Hardie siding and engineered wood and filled with water to demonstrate the difference between wood composite siding and fiber cement when immersed in water over a period of time. A sticker labeled “Wood Composite Siding” on the display states, “Absorbs water, more susceptible to swelling, buckling, and edge checking.”

NAD determined that professional builders may take away the message that the demonstration depicts how wood composite siding may react to water exposure for shorter periods.

NAD concluded the message is not supported by the evidence in the record and recommended James Hardie discontinue the water block display and the claim that wood composite siding “absorbs water” and is “more susceptible to swelling, buckling and edge checking” even when installed properly, and avoid conveying the message that properly installed wood composite siding will fall apart from exposure to water.

In its advertiser statement, James Hardie stated that it will appeal part of NAD’s decision because it disagrees with NAD’s recommendations that it discontinue use of the challenged video demonstration and the water block display. Further, James Hardie will appeal NAD’s findings that it did not provide adequate substantiation for:

• The claim that engineered wood siding absorbs water and is more susceptible to swelling, buckling and edge checking;
• The claim that noncombustible siding significantly reduces the risk of damage from fire;
• Claims regarding survival of homes due to James Hardie siding; and
• Claims that James Hardie’s combustibility demonstration was properly controlled, treated the products equally, and reflects appropriate conditions for comparing the combustibility of siding products when exposed to fire. 

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

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

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

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

New York, NY – October 23, 2024 – In a challenge brought by competitor Vesync Corporation d/b/a Levoit, BBB National Programs’ National Advertising Division determined that Yalla Ventures, Inc. d/b/a PuroAir provided a reasonable basis for claims that its PuroAir 400 air purifiers and filters have passed high-efficiency particulate air (HEPA) standards.

The challenged HEPA claims appeared on PuroAir 400 packaging, Amazon storefronts, and PuroAir webpages.

The National Advertising Division (NAD) has noted in previous cases that, in the U.S., HEPA is generally defined as a filter’s ability to capture 99.97% of airborne particles that are 0.3 microns in size. NAD determined that reasonable consumers would view HEPA-advertised products as having met this minimum standard regardless of their ultimate use (whether consumer, medical, or industrial).

NAD determined that the submitted testing of PuroAir 400 filters provided a reasonable basis that the PuroAir 400 air purifiers’ filters can capture 99.97% of airborne particles that are 0.3 microns in size, and as a result determined that Puro Air has a reasonable basis for claims that its PuroAir 400 air purifiers and filters have passed HEPA standards.

During the proceeding, PuroAir permanently discontinued certain claims for its air purifier and filter products. Therefore, NAD did not review these claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, PuroAir stated that it “appreciates NAD’s careful consideration of the issues presented and will comply with NAD’s decision.”

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

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

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

New York, NY – October 17, 2024 – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division (NAD) recommended Comcast Cable Communications, LLC, in connection with Comcast Business Internet:

• Discontinue its claim that “Comcast Business Internet has speeds up to 12x faster than Verizon, AT&T, and T-Mobile” in markets where AT&T offers a wired fiber product with speeds faster than 100 Mbps to small business customers; or
• Modify the claim to limit the message to the specific products compared and otherwise avoid conveying the message that AT&T does not have a faster service with speeds more comparable to Comcast’s fastest product’s speeds.

AT&T and Comcast are competitors that offer internet service to small businesses nationwide. Comcast offers a wired internet product, while AT&T offers a wireless internet product and a wired “fiber” internet product in some markets.

The challenged claim, “Comcast Business Internet has speeds up to 12x faster than Verizon, AT&T, and T-Mobile,” appeared in television and radio advertisements and via direct mail.

NAD determined that Comcast’s advertisements did not clearly disclose the exact products being compared. As a result, NAD found that consumers could reasonably understand the challenged advertising as touting Comcast business internet as 12x faster than all AT&T internet services. In markets where AT&T offers both fiber and 5G internet service, such a message is not supported. 

NAD concluded that Comcast’s advertising should be limited to the specific services compared in markets where AT&T offers both 5G and fiber internet service and avoid conveying the misleading message that its service is 12x faster than AT&T’s internet service generally.

For these reasons, NAD recommended that in markets where AT&T offers a wired fiber product with speeds faster than 100 Mbps to small business customers Comcast should discontinue its claim that “Comcast Business Internet has speeds up to 12x faster than Verizon, AT&T, and T-Mobile” or modify it to limit the message to the specific products compared and otherwise avoid conveying the message that AT&T does not have a faster service with speeds more comparable to Comcast’s fastest product’s speeds.

In its advertiser statement, Comcast stated that it agrees to comply with NAD’s recommendation, however it disagreed “that small business customers would expect the advertised speed comparison to relate to a fiber service rather than the 5G business internet offerings of the three wireless companies together.”

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

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

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

New York, NY – October 16, 2024 – BBB National Programs’ National Advertising Division has closed a Fast-Track SWIFT challenge initiated by competitor Procter & Gamble Company (P&G) following the voluntary discontinuation of claims made by Reckitt Benckiser that its Finish dishwashing detergent is the “#1 Recommended in America.”

Reckitt markets Finish dishwasher products while P&G manufacturers and distributes various dishwasher detergent brands, including Cascade.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

The challenged claims “Recommended by more dishwasher brands in the US” and “#1 Recommended Brand in America” appeared online, on product packaging, and on in-store artwork.

Reckitt informed NAD that, prior to the challenge, it had voluntarily and permanently discontinued the challenged claims. Therefore, NAD did not review the claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.

In its advertiser statement, Reckitt stated that it “agrees to comply with NAD’s decision” and will continue to work to remove all iterations of the claim.

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

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

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

New York, NY – October 11, 2024 – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that Charter Communications, Inc. discontinue or modify the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in more “neighborhoods.”

The challenged claim appears in three advertisements for Spectrum home internet service featuring actress and celebrity spokesperson Michelle Monaghan: a 60-second “Dreams Ad,” a 30-second “Switch Ad,” and a 60-second “Switch Ad.” 

The National Advertising Division (NAD) determined that consumers may reasonably interpret the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to mean that Spectrum offers the “fastest speeds” and is available in more neighborhoods than any other provider.

NAD found that although AT&T is not mentioned by name, it is reasonable for consumers to understand that the claim compares Charter to AT&T and other competitors. Therefore, NAD determined the challenged advertising reasonably conveys the implied message that “Spectrum offers faster internet speeds in the markets where Spectrum and AT&T compete.”

Although Charter’s evidence showed that in more census blocks, zip codes, and broadband service locations it offers faster speeds than other providers, the evidence did not show that Charter both offers the “fastest speeds” and is available in more neighborhoods.

For this reason, NAD concluded that Charter’s evidence was not a good fit to support this broad availability message. Further, while Charter’s evidence may support claims tying Spectrum’s fastest speeds to more zip codes or census blocks, NAD cautioned Charter to modify future claims about “neighborhoods” to clearly and conspicuously disclose the basis of the comparison. 

Accordingly, NAD:

• Recommended the claim “Spectrum offers the fastest speeds in more neighborhoods than any other provider” be discontinued or modified to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in more “neighborhoods” and
• Cautioned the advertiser that future advertising touting speed availability in more “neighborhoods” should clearly and conspicuously disclose the basis of the comparison.

In its advertiser statement, Charter stated that it “is disappointed with NAD’s decision but will comply with its recommendations” although it “strongly disagrees with NAD’s conclusion.”

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

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

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