Additional Information for Fullstem LLC

On November 5, 2021, BBB contacted this business regarding advertising claims made on their website. Despite several letters and phone calls, when the business stated the website would be updated or taken down, as of December 30,2021, no changes to the website have been made.  BBB asked the business to provide information about when the limited time offers or sales on the website would be updated; provide documentation supporting the quantifiable claims for the sales figures and information about the features of the products offered. The business did not respond to the inquiry. 

The BBB Code of Advertising states: 

1. Basic Principles of the Code
1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.
1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

2. Comparative Price, Value and Savings Claims
BBB recognizes that truthful price information helps consumers make informed purchasing decisions and that comparative price advertising1 plays an important role in promoting vigorous competition among retailers. At the same time, misleading or unsubstantiated pricing claims injure both consumers and competitors. The following examples offer guidance on ensuring that pricing claims are truthful and not misleading.
2.1 Advertisers may offer a price reduction or savings by comparing their selling price with:
2.1.1 Their own former selling price;
2.1.2 The current selling price of identical products or services sold by others in the trade area (the area in which the company does business or where the advertisement appears) (e.g., “selling elsewhere at $_______.”); or
2.1.3 The current selling price of a comparable product or service sold by the advertiser or by others in the trade area (e.g., “comparable value,” “compares with products or services selling at $_____,” “equal to products or services selling for $_____”).
2.2 In each case, the advertisement must clearly and conspicuously disclose which basis of comparison is being used.

9. Sales
9.1 The unqualified term “sale” may be used in advertising only if there is a significant reduction from the advertiser's usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price.
9.2 Time limit sales must be observed.
9.2.1 For example, products or services offered in a “one-day sale,” “three-day sale” or “this week only sale” should, as a general rule, be taken off “sale” and revert to the regular price immediately following expiration of the stated time.
9.3 Introductory sales must be limited to a stated time period, and the selling price should, as a general rule, be increased to the advertised regular price immediately following termination of the stated period.
9.4 Advertisers may currently advertise future increases in their own prices on a subsequent date provided that they do, in fact, increase the price to the stated amount on that date and maintain it for a reasonably substantial period of time thereafter.
9.5 If the advertiser, in good faith, decides at the end of the sale period to convert its sale price to a new regular price, it may do so if it no longer claims any savings.
9.6 The advertiser, in good faith, may decide to extend a time limit or introductory sale for a stated period. However, if that extension is for more than a short period of time, the advertiser must be prepared to substantiate that the offering is still a valid price reduction and has not become its regular price.

12. Lowest prices, underselling claims
Despite an advertiser's best efforts to ascertain competitive prices, the rapidity with which prices fluctuate and the difficulty of determining prices of all sellers at all times preclude an absolute knowledge of the truth of unqualified underselling/lowest price claims.
12.1 Advertisers must have proper substantiation for all claims prior to dissemination.
12.2 Unqualified underselling claims must be avoided.
12.3 Advertisers can lessen the potential for consumer confusion by appropriate qualifications to any underselling/lowest price claim, such as by stating, if truthful, that the advertiser will meet or beat a lower price. In such circumstances, the advertiser must comply with Section 13.

13. Price equaling, meeting competitors’ prices
13.1 Advertisements which set out company policy of matching or bettering competitors' prices may be used, provided that:
13.1.1 The offer is made in good faith;
13.1.2 The offer clearly and conspicuously discloses fully any material and significant conditions which apply including, if applicable, what evidence a consumer must present to take advantage of the offer; and
13.1.3 The terms of the offer are not unrealistic or unreasonable for the consumer.
13.2 Advertisers should be aware that such claims, unless appropriately qualified, may create an implicit obligation to adjust prices generally for specific products or services. This may be the case where the advertiser's price for a product or service is not as low as or lower than a competitor's price.

21. Layout and Illustrations
21.1 The composition and layout of advertisements should be such as to minimize the possibility of misunderstanding by the reader.
21.1.1 For example, prices, illustrations or descriptions must not be so placed or displayed in an advertisement as to give the impression that the price or terms of featured products or services apply to other products or services in the advertisement, when such is not the case.

27. Superiority Claims-Comparatives-Disparagement
27.1 Advertisers must not deceptively or falsely disparage a competitor or competing products or services in their advertising. Truthful comparisons using factual information may help consumers make informed buying decisions, provided:
27.1.1 All representations are consistent with the general rules and prohibitions against false and deceptive advertising;
27.1.2 All comparisons that claim or imply, unqualifiedly, superiority to competitive products or services are not based on a selected or limited list of characteristics in which the advertiser excels while ignoring those in which the competitor excels;
27.1.3 The advertisement clearly and conspicuously discloses any material or significant limitations of the comparison; and
27.1.4 The advertiser can substantiate all claims made.

28. Objective Superlative Claims
Superlative statements in advertisements about the tangible qualities and performance values of a product or service are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like “#1 in new car sales in the city,” can be proved or disproved.