BBB National Programs Decision Summaries

Following a challenge by T-Mobile USA, Inc., the National Advertising Division has concluded that Verizon Wireless, Inc. provided a reasonable basis for its claim that RootMetrics is independent, as well as for its claims that it was “ranked #1 by RootMetrics in Call, Data, Speed, and Reliability,” and that RootMetrics ranked it the best network. However, NAD recommended that the unqualified claims that Verizon is the “Best Network” and “Best Unlimited” be modified so that they are clearly tied to RootMetrics’ test results, or be discontinued. 

Cochlear Americas has agreed to permanently modify its “Ask the Expert” magazine advertising to include a clear and conspicuous disclosure that the pieces are advertising for its cochlear implants.  The challenge arose from NAD’s routine monitoring program.

Following a challenge by Church & Dwight, the National Advertising Division recommended that Procter & Gamble discontinue a television commercial for its Tide Pods, having found that it reasonably conveys the unsupported message that a single Tide Pods capsule is markedly superior to an entire bottle of Arm & Hammer detergent, regardless of the stain or soil type, and the falsely disparaging message that Arm & Hammer laundry detergent is ineffective.

The Children’s Advertising Review Unit (CARU) recommended that Facebook, Inc. modify its mobile app to improve its mechanism to prevent underage users from circumventing the age screen. 

Following a challenge by GlaxoSmithKline Consumer Healthcare, Inc. (“GSK”), NAD concluded that Bayer Healthcare LLC provided a reasonable basis for its claim that, based on the parties’ respective FDA-approved labels, Claritin is indicated to relieve 8 symptoms of allergies (i.e., sneezing, runny nose, nasal congestion, itching of the nose, itchy eyes, watery eyes, itching of the throat, and sinus congestion and pressure) and the leading allergy spray (Flonase) is only indicated to relieve the first six of these symptoms (i.e., not sinus congestion and pressure or itchy throat.)

A panel of the National Advertising Review Board (NARB) has recommended that Comcast Communications, LLC modify its advertising to avoid making unsupported implied superiority claims. The advertising claims that were the subject of the panel’s review related to the comparison of Comcast’s Xfinity Television Service, a cable service with features of DirecTV, a competing satellite service operated by DirecTV, LLC.

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.

The National Advertising Division has recommended that Goya Foods, Inc. discontinue its claim that Excelsior brand pasta is “Puerto Rico’s Favorite Pasta.”  The decision followed a challenge by Riviana Foods Inc., maker of the competing Ronzoni pasta brand.  Goya has stated that it will appeal NAD’s decision.

The National Advertising Division has referred advertising by Pyle Audio, Inc. involving customer reviews for its NutriChef Vacuum Sealers to the appropriate government agencies for further review following the advertiser’s failure to respond to NAD’s inquiry. 

Following a challenge by Charter Communications, the National Advertising Division recommended that Frontier Communications discontinue two television commercials for its FiOS internet service, having found that they reasonably convey the unsupported and falsely disparaging message that Spectrum’s upload or download speeds are insufficient for the routine consumer tasks portrayed.  During the course of the proceeding, the advertiser had agreed to discontinue a separate radio advertisement that Charter argued falsely disparaged cable companies.