National Advertising Division Recommends Comcast Discontinue or Modify “10G” Claims; Finds Xfinity “Next Generation” Claim Supported

New York, NY – October 12, 2023 – In a challenge brought by T-Mobile US, Inc., the National Advertising Division (NAD) of BBB National Programs determined that Comcast Cable Communications, LLC provided a reasonable basis for its “Next Generation” claim for its “Xfinity 10G Network,” as well as the implied claim that it has already achieved a major technological revolution. 

However, NAD recommended that Comcast:

  • Discontinue its “10G” claims or qualify them to (a) make clear that Comcast is implementing improvements that will enable it to achieve “10G” and that 10G is aspirational, or (b) use “10G” in a manner that is not false or misleading, and
  • Modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

 

In February 2023, Comcast rebranded its fixed internet network as “Xfinity 10G Network” to signify technological upgrades to its network that are continuing to be implemented. T-Mobile challenged the name “Xfinity 10G Network” and the claim “10G,” which appeared in a myriad of advertisements on television and online.

 

“10G Claims”

NAD concluded that “10G” as used in the name “Xfinity 10G Network” and “Xfinity 10G” is an express claim that means 10 Gbps or 10th Generation. 

In evaluating support for this claim, NAD found that Comcast’s description of its entire network as “10G” conveys the message that all consumers on the network will receive a significant increase in speed up to 10 Gbps speeds. However, only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and to access that service tier requires the installation of fiber to the premises. Further, NAD determined that the evidence in the record was insufficient to support the broad, unqualified message that the “Xfinity 10G Network” is vastly superior to 5G.  

For these reasons, NAD concluded that Comcast did not provide a reasonable basis for its 10G claims and recommended that Comcast discontinue the claims:

  • “10G”
  • “Xfinity 10G”
  • “Xfinity 10G Network”

 

Alternatively, NAD stated that Comcast may modify its advertising to (a) make clear that it is implementing improvements that will enable it to achieve “10G” and that it is aspirational or (b) use “10G” in a manner that is not false or misleading, consistent with this decision. NAD noted that nothing in its decision would prevent Comcast from making a more qualified claim, if supported, about the superiority of its network over 5G.

 

“Next Generation” and Technological Revolution Claims

Based on upgrades to Comcast’s network reliability, lower latency, and other features, NAD determined that Comcast provided a reasonable basis for its “Next Generation” claim and implied claims that it already achieved a major technological revolution.  

 

Power Outage Implied Claim

T-Mobile argued that Comcast’s “What a Time to Be Alive” commercials convey the message that Xfinity customers’ home internet is uninterrupted during power outages, but the claim is premature because the Xfinity website stated that “storm-ready” WiFi is “coming soon.”

As the record did not include details on the effectiveness of this monitoring technology in ensuring that customers can still stream a movie uninterrupted when power runs out, NAD found that Comcast did not provide a reasonable basis for this claim. Therefore, NAD recommended that Comcast modify its advertising to avoid conveying the unqualified message that Xfinity customers’ home internet is uninterrupted during power outages.

In its advertiser statement, Comcast stated that it will appeal NAD’s decision because it “disagrees with NAD’s decision, including NAD’s determination that the “Xfinity 10G Network” brand name constitutes an ‘express claim’” and NAD’s assessment of survey evidence submitted by T-Mobile.

T-Mobile will cross-appeal NAD’s determination regarding Comcast’s “Next Generation” and technological revolution claims. 

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/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Recommends T-Mobile Discontinue or Modify “Price Lock” Claim for 5G Home Internet Service

New York, NY – June 17, 2024 – The National Advertising Division recommended that T-Mobile US discontinue its “Price Lock” claim for 5G home internet service or modify the claim to explain how T-Mobile’s “Price Lock” policy differs from a “price lock” which locks the price for the term of a service.

Read the Decision Summary
Decision

National Advertising Division Recommends Agendia Modify or Discontinue Certain Claims for MammaPrint and BluePrint Breast Cancer Tests

New York, NY – June 13, 2024 – The National Advertising Division recommended that Agendia modify or discontinue certain claims regarding the superiority of its MammaPrint and BluePrint tests for black women, including claims that GHI’s Oncotype DX test is inappropriate for black women and that it is biased,...

Read the Decision Summary
Decision

Following National Advertising Division Challenge, Perfect Play Voluntarily Discontinues Earnings Claim for Solitaire Smash Mobile App Game

New York, NY – June 12, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Perfect Play voluntarily discontinued the claim that consumers can win significant amounts of money by playing its Solitaire Smash mobile app game.  

Read the Decision Summary
Decision

National Advertising Division Recommends Telecom Business Solutions Modify its AI-Pro Advertising to Avoid Confusion with ChatGPT and OpenAI

New York, NY – June 11, 2024 – BBB National Programs’ National Advertising Division recommended that Telecom Business Solutions d/b/a AI-Pro.org, modify its AI-Pro advertising, which uses the terms “ChatGPT” and “GPT4,” to avoid confusion about the nature of AI-Pro’s products and services and its...

Read the Decision Summary