National Advertising Division Recommends T-Mobile Discontinue Gwen Stefani and Tom Brady Super Bowl Commercials
703.247.9330 / email@example.com
New York, NY – October 26, 2021 – The National Advertising Division (NAD) of BBB National Programs recommended that T-Mobile USA, Inc. discontinue two television commercials for its 5G network that were challenged by competitor AT&T Services, Inc. The challenged commercials, which premiered during the 2021 Super Bowl, feature well-known celebrities, Gwen Stefani and Tom Brady, engaging in video conversations on their cell phones.
The “Stefani” commercial begins by showing a conversation between Gwen Stefani and Adam Levine from Stefani’s perspective. Stefani describes the type of man she is interested in dating. The voiceover then states, “On a spotty network, this is what Adam heard.” Stefani’s description is then replayed from Levine’s perspective, but because of the significant video distortions and choppy or missing audio, Levine misunderstands Stefani’s description and sets her up with the opposite type of man she described (Blake Shelton). The voiceover concludes the vignette by stating, “Don’t trust your love life to any network. T-Mobile has more #1’s in 5G than any other network.”
The “Brady” commercial follows a similar format. Tom Brady is shown on a video call with Rob Gronkowski asking for advice about his next career move. The commercial first shows the conversation from Gronkowski’s perspective as he describes the pleasures of retirement and encourages Brady to join him in Florida to relax. After the voiceover states, “On a spotty network, this is what Tom heard,” the conversation is replayed from Brady’s perspective. Again, substantial glitches in the audio and video result in miscommunication, with Brady thinking that Gronkowski has recommended that he move to Tampa Bay and win another football championship with him. The voiceover concludes the vignette with, “Don’t trust big decisions to just any network. Go with T-Mobile, the GOAT in 5G.”
Both parties submitted consumer perception surveys in support of their respective positions:
- T-Mobile in support of its arguments that the Stefani and Brady commercials do not convey a disparaging message about AT&T’s service or network (or any other T-Mobile competitors generally) or a message that T-Mobile’s service is superior with respect to video calls, but instead use humor to emphasize the benefits of its 5G network.
- AT&T to demonstrate that the challenged advertisements communicate a comparative and disparaging superior performance claim.
However, NAD declined to rely on either the advertiser’s or the challenger’s surveys due to concerns about the reliability of each.
Stepping into the shoes of the reasonable consumer, NAD determined that the Stefani and Brady commercials reasonably conveyed the comparative message that T-Mobile provides better 5G service for video calls than its competitors, and consumers making calls on a competitor’s service were likely to experience spotty service that they would not experience on T-Mobile. T-Mobile argued that its 5G coverage and 5G speed test results support the comparative message that it provides better 5G service for video calls. NAD determined, however, that T-Mobile’s speed testing did not provide a reasonable basis for the messages conveyed by the challenged commercials and recommended that T-Mobile discontinue them.
In its advertiser statement, T-Mobile stated that it “is disappointed with NAD’s decision but will comply with its recommendations.” The advertiser further stated that while it “is disappointed by NAD’s conclusion that consumers may take away a negative message from its humorous commercials,” it “remains a respectful supporter of the self-regulatory process.”
About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
National Advertising Division Recommends MacuHealth Discontinue or Modify Certain Claims for Several Brands of Eye Health Dietary Supplements
New York, NY – September 21, 2023 – In a challenge brought by Vision Elements, the National Advertising Division (NAD) recommended that MacuHealth modify or discontinue certain claims for its dietary supplement products.
National Advertising Division Refers Advertising by SBLA Beauty to the Federal Trade Commission for Review for Failure to Participate
New York, NY – September 21, 2023 – The National Advertising Division (NAD) has referred advertising claims made by SBLA Beauty, Inc. to the Federal Trade Commission (FTC) after the company failed to provide a substantive response to NAD’s inquiry.
Direct Selling Self-Regulatory Council Recommends Zallevo Discontinue Certain Earnings and Health-Related Product Claims
McLean, VA – August 31, 2023 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Zallevo modify or discontinue certain earnings and health-related product performance claims, including claims regarding treating serious health-related conditions.
Privacy Watchdog Brings Temu into Compliance with Digital Advertising Privacy Best Practices
McLean, VA – August 29, 2023 - The Digital Advertising Accountability Program (DAAP) brought WhaleCo into compliance with the DAA Principles. Since beginning U.S. operations in September 2022, Shanghai-based WhaleCo’s mobile application, Temu, has quickly risen to become one of the top downloaded free apps.