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 Smarter Reviews, a Product Review Site, Discontinue or Modify its Rankings and Review Format

New York, NY – February 27, 2024 – The National Advertising Division recommended that product review site, Smarter Reviews discontinue its rankings and reviews format, or modify its advertising to avoid conveying a message that the review and rankings webpages and the reviews and rankings themselves are...

Read the Decision Summary
Decision

Following National Advertising Division Challenge by Bic USA, Calico Voluntarily Discontinues Claims for Scripto Aim ‘n Flame MAX Lighter

New York, NY – February 26, 2024 – Following a BBB National Programs’ National Advertising Division challenge brought by Bic USA, Calico Brands discontinued claims that its Scripto® Aim ‘n Flame® MAX Lighter is the “#1 Selling Multi-Purpose Lighter.” 
Read the Decision Summary
Decision

National Advertising Division Recommends Stihl Discontinue Unqualified “Made in America” Claims for Outdoor Power Equipment

New York, NY – February 22, 2024 – The National Advertising Division recommended that, in connection with its outdoor power equipment, Stihl Incorporated discontinue its unqualified “Made in America” claims and modify its “Made in America” claims to make clear that not all of its products are made in the United States...

Read the Decision Summary
Decision

Following National Advertising Division Recommendation, Charter Agrees to Modify Spectrum Mobile Cost Savings Claim

New York, NY – February 21, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that Charter Communications discontinue the claim that Verizon customers will “save over $1,500 in their first year” if they switch to Spectrum Mobile or modify the claim by adding or improving certain disclosures.

Read the Decision Summary