In NAD Fast-Track SWIFT Case, Performance Designed Products LLC Voluntarily Modifies or Discontinues Claims for Motion Supported Game Controllers

New York, NY – February 13, 2024 – BBB National Programs’ National Advertising Division has closed a Fast-Track SWIFT challenge initiated by ACCO Brands USA, LLC regarding advertising by Performance Designed Products LLC (PDP) for certain game controller claims.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

ACCO argued that a number of PDP’s controllers do not support motion control, despite being labeled as having that function. Motion control is a feature that allows a player to play certain games that support the function by moving the entire controller, rather than manipulating the sticks and buttons on the controller.

Although PDP argued that NAD lacks jurisdiction to hear this case on several grounds, NAD determined that it does have jurisdiction.

PDP informed NAD that it has:

• Voluntarily discontinued, or is in the process of discontinuing, any claims that its controllers have motion control for those controllers that lack this function; and
• Voluntarily modified its product labels and website product pages to clearly and conspicuously disclose that it does not have motion control by adding “Motion Controls Not Supported.”

Therefore, NAD did not review the claims on their merits and will treat the discontinued and modified claims, for compliance purposes, as though NAD recommended their discontinuance or modification.

In its advertiser statement, PDP stated that it “previously communicated to NAD that it undertook corrective actions to address an acknowledged packaging error on certain of its products prior to its receipt of a filed challenge.  For this reason, PDP respectfully disagrees with the assertion that it chose to voluntarily discontinue or modify the challenged claims as a result of the proceedings.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

In NAD Fast-Track SWIFT Case, Performance Designed Products LLC Voluntarily Modifies or Discontinues Claims for Motion Supported Game Controllers

New York, NY – February 13, 2024 – BBB National Programs’ National Advertising Division has closed a Fast-Track SWIFT challenge initiated by ACCO Brands USA, LLC regarding advertising by Performance Designed Products LLC (PDP) for certain game controller claims.

Fast-Track SWIFT is an expedited process designed for single-issue advertising cases brought to the National Advertising Division (NAD).

ACCO argued that a number of PDP’s controllers do not support motion control, despite being labeled as having that function. Motion control is a feature that allows a player to play certain games that support the function by moving the entire controller, rather than manipulating the sticks and buttons on the controller.

Although PDP argued that NAD lacks jurisdiction to hear this case on several grounds, NAD determined that it does have jurisdiction.

PDP informed NAD that it has:

• Voluntarily discontinued, or is in the process of discontinuing, any claims that its controllers have motion control for those controllers that lack this function; and
• Voluntarily modified its product labels and website product pages to clearly and conspicuously disclose that it does not have motion control by adding “Motion Controls Not Supported.”

Therefore, NAD did not review the claims on their merits and will treat the discontinued and modified claims, for compliance purposes, as though NAD recommended their discontinuance or modification.

In its advertiser statement, PDP stated that it “previously communicated to NAD that it undertook corrective actions to address an acknowledged packaging error on certain of its products prior to its receipt of a filed challenge.  For this reason, PDP respectfully disagrees with the assertion that it chose to voluntarily discontinue or modify the challenged claims as a result of the proceedings.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. This press release shall not be used for advertising or promotional purposes.

About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.

Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org

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