BBB National Programs Decision Summaries

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.

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.

The National Advertising Division has recommended that BISSELL Homecare Inc. discontinue its claim, “#1 Carpet Cleaning Brand” following a challenge by Reckitt Benckiser, maker of Resolve Carpet Cleaner products.

The National Advertising Division has concluded that Mead Johnson provided a reasonable basis for its compositional claims for its Enfamil NeuroPro  MFGM (Milk Fat Globule Membrane)-Supplemented Infant formulas but recommended modification of other claims in both consumer and healthcare professional advertisements, and discontinuance of its use of a certain bar graph in its consumer-directed commercial, following a challenge by Abbott Nutrition, maker of Similac Infant Formulas.

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.

The National Advertising Division has recommended that Mommy’s Bliss, Inc. discontinue various health and doctor-recommended claims on product packaging, and in website, social media and third-party advertising for Mommy’s Bliss’ Cough Syrups, Organic Kids Cough Syrup & Mucus Relief (Day and Nighttime), Infant Organic Cough Syrup & Mucus Relief (Day and Nighttime Versions), Probiotic Drops Everyday, Probiotic Drops + Vitamin D, and Probiotic Drops + 15 Day Boost, following a challenge by Johnson & Johnson Consumer Inc. The products at issue are dietary supplements that are intended to be used by infants and young children.