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. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.