BBB National Programs Decision Summaries

A panel of the National Advertising Review Board (NARB) has found that Doskocil Manufacturing Company, Inc., doing business as Petmate, did not provide proper support for an implied odor-reduction benefit communicated by its antimicrobial protection claims for Petmate Cat Litter Pans, and recommended that such claims be discontinued.  The advertising at issue had been challenged by Van Ness Plastic Molding Company, a manufacturer of competing cat litter pans, before the National Advertising Division (NAD). The NAD is an investigative unit of the advertising industry’s system of self-regulation administered by the Council of Better Business Bureaus. Following the NAD’s decision, Petmate sought review by the NARB, the appellate unit of the advertising industry’s system of self-regulation.

A panel of the National Advertising Review Board (“NARB”) has found that Dyson, Inc. did not provide a reasonable basis for two advertising claims for Dyson’s purifier fans Pure Hot & Cool Link and Pure Cool Link (the “Dyson Fans”), and recommended that they be modified or discontinued.  In the same proceeding, NARB found in favor of Dyson on three other issues.

A panel of the National Advertising Review Board (NARB) has recommended that Comcast Cable Communications, Inc. modify its advertising to avoid conveying the message that AT&T does not deliver the speed tier to which its customers subscribe or that AT&T deceives its customers as to said speed tier, the speed or reliability of its Internet service and the availability of AT&T Fiber.  However, NARB noted that Comcast could continue to comment in advertising on any limited availability of AT&T Fiber.  NARB also found that Comcast could continue to advertise its “most reliable network” claim provided it remains substantiated by the most available data and it includes a clear and conspicuous disclosure as to the source of its substantiation.

A panel of the National Advertising Review Board (NARB) has recommended that Telebrands, Corp. modify its “double offer” and “Buy One Get One” claims to clearly and conspicuously disclose the discount or price offered for the second flashlight and any associated charges and fees.

 A panel of the National Advertising Review Board (NARB) has recommended that Mahindra modify its “#1 Selling Tractor” and “Over [2.1] million Mahindra tractors sold worldwide to date” claims.  The panel also recommended that Mahindra discontinue its best warranty and superior oil protection claims.

A panel of the National Advertising Review Board (NARB) has recommended that Dyson clearly and conspicuously disclose that its “most powerful suction” claim for its V8 cordless vacuums is being made in comparison to other cordless vacuums but disagreed with NAD’s other proposed  modifications to the claim. The panel also recommended that Dyson discontinue unqualified claims that its V8 cordless vacuums provide 40 minutes of runtime. The panel also recommended that Dyson modify (but not discontinue) claims that its V8 cordless vacuums provide “up to 40 minutes” of runtime. The panel further recommended that Dyson discontinue the challenged “new battery chemistry” claim.

A panel of the National Advertising Review Board (NARB) has recommended that Kimberly-Clark discontinue its “fastest growing brand in hospitals” claim unless that claim is supported by recent data that includes Kimberly-Clark’s sales data in addition to reliable third-party sales or market share data for the hospital diaper market as a whole. The panel also recommended that any such claim be qualified to exclude smaller competitors that have grown at a faster rate (e.g., the “fastest growing brand” claim could indicate that it is being made against leading brands).

A panel of the National Advertising Review Board (NARB) has recommended that DirecTV, LLC, discontinue the advertising claim that its service provides “worry-free” signal reliability.

A panel of the National Advertising Review Board has recommended that Guardian Technologies, LLC, the maker of GermGuardian Air Purifiers and Replacement Filters, discontinue certain advertising claims for the products, including claims that are based on the results of proprietary testing.

The National Advertising Review Board (NARB) has referred advertising claims made by Doskocil Manufacturing Company, Inc., doing business as Petmate, to the Federal Trade Commission (FTC) for review after the company failed to take good faith steps to comply with NARB’s recommendations regarding discontinuation of challenged antimicrobial protection claims.