National Advertising Review Board Finds “You Need a Better Network” Claim for Verizon’s Wireless Service to Be Puffery in Specific Television Commercial

New York, NY – April 24, 2023 – A panel of the National Advertising Review Board (NARB), the appellate body of BBB National Programs, determined that Verizon Communications, Inc.’s use of the phrase “you need a better network” in the context of the “Tis the Season” television commercial was puffery.

The advertising at issue had been challenged by AT&T Services, Inc. Following NAD’s decision (Case No. 7171), Verizon appealed NAD’s recommendation that it discontinue the claim “you need a better network” on the grounds of puffery, arguing that the challenged claim did not reference AT&T or any other carriers and was nothing more than a playful, spendthrift-themed vignette that builds up to Verizon's ‘Free 5G Phone’ offer.

The challenged claim appeared in a 30-second holiday-themed commercial promoting Verizon’s wireless network and featured well-known actors Paul Giamatti, as the Dickens character Scrooge, and Cecily Strong. In the commercial, Giamatti as Scrooge holds up his mobile phone, scowls, and complains that he can “barely get reception...” In response, Strong recommends that he “need[s] a better network. Tis the season to switch to Verizon.”  

A majority of the NARB panel concluded that in the context of the “Tis the Season” commercial, the phrase “you need a better network” did not convey a superiority message, thus upholding Verizon’s puffery position. 

The NARB panel noted that in a different context, the use of “better network” would not necessarily be puffery and could convey a superiority message requiring substantiation.

Verizon stated that it “is pleased with the Panel’s decision.”

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.

 

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