Comcast Appeals National Advertising Division Recommendation to Discontinue or Modify Xfinity “10G” Claim

New York, NY – October 12, 2023 – In a challenge brought by Verizon Communications Inc, the National Advertising Division (NAD) of BBB National Programs recommended that Comcast Cable Communications, LLC discontinue the claim “10G” for its Xfinity 10G Network or qualify the claim to make clear that Comcast is implementing improvements that will enable it to achieve 10G and that 10G is aspirational or use “10G” in a manner that is not false or misleading.

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

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

In evaluating 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. However, NAD determined that the 10 Gbps message was not substantiated because only one of Xfinity’s many plans (Gigabit Pro) can reach 10 Gbps, and access to that service tier requires installation of fiber to the premises. Further, NAD concluded, that to the extent that consumers understand 10G as referring to 10th generation mobile technology, this message is also unsupported.

For these reasons, NAD recommended that Comcast discontinue the claim “10G.”

Alternatively, NAD stated that Comcast may modify the claim by (a) qualifying it to make clear that they are implementing improvements that will enable it to achieve 10G and that 10G is the aspiration, or (b) using it in a manner that is not false or misleading consistent with this decision. 

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.’” 

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 Finds Realtor.com “#1 Site Real Estate Professionals Trust” Claim Supported

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

Read the Decision Summary
Decision

National Advertising Division Recommends Verizon Discontinue or Modify Certain Claims for Satellite-Supported Texting Services

New York, NY – November 7, 2024 – In a Fast-Track SWIFT challenge brought by T-Mobile, the National Advertising Division recommended that Verizon either discontinue certain claims about satellite-supported texting services in remote locations or modify them to disclose the necessary conditions for Verizon customers...

Read the Decision Summary
Decision

Following National Advertising Division Challenge, PetIQ Voluntarily Discontinues Certain Claims for NextStar Flea & Tick Topical

New York, NY – November 6, 2024 – Following a National Advertising Division challenge, PetIQ discontinued certain claims for its NextStar Flea & Tick topical flea prevention and treatment product, which appeared on PetIQ’s website, social media, and third-party websites.

Read the Decision Summary
Decision

National Advertising Division Finds Certain Safety Claims for Drunk Elephant Skincare Products Supported; Recommends Modification of Influencer Posts

New York, NY – November 4, 2024 – The National Advertising Division determined certain Drunk Elephant social media claims regarding skincare products being “safe for kids and tweens to use” were supported, but determined that two TikTok video influencer disclosures for Drunk Elephant's B-Goldi...

Read the Decision Summary