Brands Gotta Brag a Little: When “Best Possible” Claims are Self-Referential Rather Than Comparative

AT&T Services, Inc. (“AT&T”) made “best possible” claims in its online blog when it announced its new Wi-Fi technologies.  In a recent proceeding, the National Advertising Division (the “NAD”) considered Comcast Cable Communications, LLC’s (“Comcast”) challenge that AT&T’s claims were false because AT&T did not provide the “best possible Wi-Fi- experience” in the marketplace.  AT&T argued that its claims conveyed a substantiated self-referential message and not a comparative one.

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