Business ProfileforProSmoke

On 5/17/2022, BBB contacted the business regarding their advertised products on their website. The business advertised a price comparison with slashed pricing without disclosing what the comparison is based on.  The business claims "customer surveys vote us as #1" without substantiation. In addition, BBB asked the business to disclose details for their “best warranty,” “30 Day Satisfaction Guarantee, and make it clear on the website for their consumer. 

The business advertised the following product on their website:

PROSMOKE ELECTRONIC CIGARETTE STARTER KIT

Price: $104.99 $59.99

“The Industries Best Warranty!

We stand behind the quality of our product and guarantee our product for a period of one year from the original purchase date. To read more, check out the Shipping and Warranty section.”

30 Day Satisfaction Guarantee

We are so confident that you will be satisfied with the purchase of your ProSmoke Electronic Cigarette that we are giving you 30 days to return the components if you are not satisfied! To read more, check out the Shipping and Warranty section.

ProSmoke is #1

ProSmoke electronic cigarettes advanced 3 piece design produces the most vapor of any mini cigarette in the industry, last the longest, taste the best, and we treat our customers like family. That's why our customer surveys vote us as #1.”

-The slash on the price indicates that there is a price comparison being made without disclosing the basis for the comparison.

-The detail of the warranty is not clear and conspicuous disclosed on the website as there is a statement claiming, “best warranty,” “30 Day Satisfaction Guarantee,”.

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.

2.3 When these comparisons are made in advertising, the claims must be based on the provisions in Sections 3 - 7.

20. Warranties or Guarantees

20.1 When using the term “warranty” or “guarantee” in product advertising, the advertiser must clearly and conspicuously include a statement that the complete details of the warranty can be seen prior to sale at the advertiser's location, viewed on the advertiser’s website or, in the case of mail or telephone order sales, made available free on written request.

20.2 Advertisers should only use “satisfaction guarantee,” “money back guarantee,” “free trial offer,” or similar representations in advertising if the seller or manufacturer refunds the full purchase price of the advertised product or service at the consumer's request.

20.3 When “satisfaction guarantee” or similar representations are used in advertising, any material limitations or conditions that apply to the guarantee must be clearly and conspicuously disclosed.

20.4 When advertising “lifetime” warranties or guarantees or similar representations, the advertisement must clearly and conspicuously disclose its intended meaning of the term “lifetime.”

20.5 Sellers or manufacturers should advertise that a product or service is warranted or guaranteed only if the seller or manufacturer promptly and fully performs its obligations under the warranty or guarantee.

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.

On 6/27/2022 the business responded and stated they are no longer selling to outside customers and they now have a business to business sales model, however the website is still available to individual consumers.  The BBB responded by informing  the business that individuals are able to select an item and place it in the website cart for purchase.  The business replied that the website is not allowing the item to check out for the purchase. As of 7/5/2022 the business still has the website running as have not addressed the Advertising concern until the website is down or changed to an B2B website.