National Advertising Review Board Recommends Comcast Discontinue Use of “10G” When Referring to the Name of its Network

 

New York, NY – January 31, 2024 – A panel of the National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, recommended that Comcast Cable Communications, LLC discontinue use of the term 10G in the product service name “Xfinity 10G Network” and when 10G is used descriptively to describe the Xfinity network. 

The advertising at issue had been challenged by Verizon Communications Inc. Following the National Advertising Division’s (NAD) decision (Case No. 7213), Comcast appealed NAD’s finding that 10G as used by the advertiser communicates express messages that are unsubstantiated.

In agreement with NAD, the NARB panel determined that Comcast should discontinue use of the term 10G, both when used in the name of the service itself (“Xfinity 10G Network”) as well as when used to describe the Xfinity network. The use of 10G in a manner that is not false or misleading and is consistent with the panel decision is not precluded by the panel recommendations.

The NARB panel concluded that 10G expressly communicates at a minimum that users of the Xfinity network will experience significantly faster speeds than are available on 5G networks. This express claim is not supported because the record does not contain any data comparing speeds experienced by Xfinity network users with speeds experienced by subscribers to 5G networks. 

Further, the NARB panel determined that, in the absence of actual Xfinity Gigabit Pro service tier market usage data showing consumer usage, the recent availability of 10G speeds through that service tier does not support the superior speed claim (or a 10Gbps claim) for the Xfinity network as a whole. 

Initially, Comcast stated that it was unable to comply with NARB’s recommendations because the issues on appeal were the subject of a separate NARB appeal that was pending following NAD’s decision in a similar (but not identical) advertising challenge brought by T-Mobile US, Inc. (Case No. 7212). That appeal (NARB Panel 325) was subsequently decided.

Thereafter, Comcast stated that “although it strongly disagrees with NARB’s analysis and approach,” Comcast will modify its advertising to comply with the panel recommendations as set forth in the decision in Panel 325. 

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

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary