National Advertising Division Finds Certain Xfinity Home Internet Claims Supported; Recommends Comcast Modify or Discontinue Others

New York, NY – November 30, 2023 – In a challenge brought by Verizon Communications Inc., the National Advertising Division (NAD) of BBB National Programs determined that Comcast Cable Communications, LLC provided a reasonable basis for its Xfinity home internet claim stating “It’s time for better internet. Switch to Xfinity” in context tied to its superiority in speed, consistency, and reduced lag and latency. However, NAD recommended that Comcast modify or discontinue certain other claims about Verizon’s 5G Home Internet.

 

Comparative Network Claims

NAD determined that one message reasonably conveyed by Comcast’s “Stink Eye” and “Life with Verizon” commercials, a 60-second radio ad for Xfinity, and a 15-second commercial is that Verizon’s 5G Home is ineffective, slow, unreliable, and prone to subpar performance due to congestion, rendering the service unusable.

Based on data submitted by Comcast, NAD concluded that Comcast’s fixed wired internet network outperforms Verizon’s 5G wireless internet network with respect to speed, latency, and consistency of speed. While Comcast should be able to accurately communicate the relevant consumer benefits of its Xfinity internet service and other competitive advantages that it has over Verizon 5G Home, NAD determined that there is no evidence indicating that Verizon 5G users receive subpar internet speed or experience network reliability issues that impede their ability to use or access Verizon 5G. 

Therefore, NAD found that Comcast did not support disparaging claims made about Verizon 5G Home and recommended the discontinuation or modification of the challenged express claims:

  • “I just got Verizon 5G Home Internet. It means I have to kick people off sometimes to help with the speed.”
  • “This is life with Verizon 5G Home Internet.”: “Lag Alert!” “Cell tower too far!” “Congested network!” “Trees blocking signal.”
  • “Problems pop up when you have Verizon 5G Home Internet.”
  • “Verizon 5G Home Internet sounded great… but turned out to be something else.”
  • “Verizon 5G Home Internet is for phones, not homes.” 

 

NAD further recommended that Comcast modify its advertising to avoid conveying the challenged implied message that Verizon 5G Home is too slow, unreliable, and prone to such subpar performance as to render the service unusable due to congestion, trees, and other obstacles.

 

Superior Network Claim

Based on comparative performance data, NAD determined that Comcast provided a reasonable basis for its claim, “It’s time for better internet. Switch to Xfinity” if it is made in a context that ties its superiority to speed, consistency, and reduced lag and latency. 

In its advertiser statement, Comcast stated that it “agrees to comply with NAD’s recommendations with respect to the subject advertising” although it “does not agree that the challenged advertising communicated a message that network congestion renders Verizon’s 5G Home Internet unreliable or unusable.”

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