BBB National Programs Decision Summaries

The BBB National Programs’ Digital Advertising Accountability Program referred the mobile app developer PlantSnap, Inc. to the Federal Trade Commission today. The referral was initiated after PlantSnap failed to participate in a self-regulatory review process looking into data privacy practices related to geolocation data and advertising.

The National Advertising Division has concluded that NFL Enterprises LLC provided a reasonable basis for the challenged express claims that AT&T decided to discontinue carrying the NFL Network on its DIRECTV NOW and U-verse platforms.

The National Advertising Division has found that Cox Communications, Inc.’s television commercial comparing its cable television service to DIRECTV service does not reasonably convey the challenged implied claim that “DIRECTV does not work in bad weather and is highly unreliable,” and determined that the express claims therein are supported. Cox’s commercial was challenged by AT&T Services, Inc., provider of the competing DIRECTV satellite television service.

The National Advertising Division has recommended that The Procter & Gamble Company discontinue its “2X Strength per ounce,” “2X Strength per caplet,” and “Ultra Coat” claims for Pepto Bismol Ultra, following a challenge by GlaxoSmithKline Consumer Healthcare, the maker of competing TUMS antacid products.  NAD did not, however, find any basis to recommend a name change for the Pepto Bismol Ultra product.

The National Advertising Division has recommended that Clemens Food Group LLC / Hatfield Quality Meats discontinue the claim “Ethically Raised by Family Farmers Committed to a Higher Standard of Care, Governed by Third Party Animal Welfare Audits” on product packaging for Hatfield pork products. 

The National Advertising Division has recommended that Cox Communications, Inc. modify or discontinue certain comparative performance claims for its 1 Gbps and 300 Mbps internet service in two video commercials, following a challenge by AT&T Services, Inc.

The National Advertising Division has concluded that claims made on product packaging, in online advertising, and television commercials for Perdue Farms, Inc.’s Perdue brand non-organic fresh chicken product line do not reasonably convey misleading implied claims about the conditions under which Perdue’s chickens are raised.  

Following a challenge by Bayer Healthcare, LLC, the National Advertising Division recommended that Pfizer Consumer Healthcare discontinue challenged durational parity claims that “Nothing’s been proven to last longer than Advil” and “Nothing works . . . longer than Advil,” for its Advil over-the-counter pain medication.

The National Advertising Division recommended that Charter Communications, Inc. d/b/a Spectrum modify comparative savings claims, encouraging consumers to switch from T-Mobile to Spectrum Mobile, to clearly and conspicuously disclose limitations on the offer and material differences between the services.  

The Digital Advertising Accountability Program, the BBB National Programs’ privacy watchdog, released two new actions today covering the data privacy practices of Dine Brands Global, known for its restaurant brands IHOP and Applebee’s, and the exercise app publisher FitNow.