News & Analysis as of

NAD

Advertising Litigation Report: Vol. 2, No. 2 - National Advertising Division (NAD) and National Advertising Review Board (NARB)

The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising...more

Advertising Litigation Report: Vol. 2, No. 2 - National Advertising Division (NAD) and National Advertising Review Board (NARB)

The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising...more

Handling Advertising Disputes Through NAD Proceedings

by Revision Legal on

Disputes in advertising can be voluntarily resolved through a dispute resolution mechanism championed by the National Advertising Division (NAD). NAD is a division of the Council of Better Business Bureaus that handles...more

Dietary Supplement Advertising - April 2017

by Kelley Drye & Warren LLP on

State Regulation - CWAG Talks Dietary Supplements - At a gathering of the Conference of Western Attorneys General, a panel on “Regulatory Models and Transparency” focused on enforcement against USPlabs as a case...more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Advertising Law - April 2017

Upromise's Broken Promise to FTC Costs $500,000 - For going back on its promise to abide by the terms of a Federal Trade Commission order, Upromise will pay a $500,000 civil penalty to the agency. The membership...more

NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims

by Kelley Drye & Warren LLP on

The National Advertising Division of the Better Business Bureaus, a self-regulatory body that polices national advertising, recently gave an a-OK to certain dietary supplement immunity claims. The action was initiated under...more

A Hefty False Advertising Case: When the Competition Calls You Wimpy

If you’re interested in garbage, the crass objectification of male celebrities, or both – or if you consider the two roughly equivalent – have I got a false advertising case for you! Despite their “Don’t Get Mad; Get Glad”...more

Anti-Aging Litigation

by Bryan Cave on

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Advertising Law - March 2017 #2

Privacy Policy, Notifications Mandatory Under Updated Google Rules - On March 1, Google updated its Play Store policies with a host of changes that took effect on March 15, including a requirement that app developers...more

NAD Director Andrea Levine Retiring After 20 years

by Kelley Drye & Warren LLP on

ASRC President & CEO Lee Peeler has announced the retirement of Andrea C. Levine, Director of the National Advertising Division (NAD). During her 20-year tenure, the NAD published more than 2,600 case decisions and built what...more

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

Crossing the Line – Two More NAD Decisions on Unsubstantiated Comparative Line Claims

by Dorsey & Whitney LLP on

Comparative advertising can be highly effective in touting the advantages of a company’s products against those of its competitor, but the language used must be carefully crafted and accompanying visual depictions should be...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

New NAD Decision Addresses Product Reviews

by Kelley Drye & Warren LLP on

The NAD recently announced a decision that touches upon various issues related to consumer reviews, including how paid endorsements should be disclosed, a company’s responsibilities regarding the content of endorsements, and...more

Advertising Law - December 2016 #3

FTC Reports on Disclosure Workshop - Following its September workshop, the Federal Trade Commission published a report on “Putting Disclosures to the Test.” Almost 1,000 individuals attended the workshop—225 in...more

NAD Decision on Savings Claims Holds Valuable Lessons

by Kelley Drye & Warren LLP on

The NAD recently issued a decision involving savings claims that holds some valuable lessons for advertisers. Lowes ran TV ads advertising that consumers could get “20% off appliances $396 or more.” Not all appliances in that...more

Advertising Law - December 2016 #2

SPECIAL FOCUS: The FTC Watches Smart TV - In older, simpler times, families would gather together and watch the TV. A key takeaway from last week's Federal Trade Commission Fall Technology seminar is that now TV will...more

Comparative Advertising Do’s and Don’ts from the NAD – Part 2

by Dorsey & Whitney LLP on

Last week we blogged about a recent decision of the National Advertising Division of the Better Business Bureau, holding that two YouTube videos for Rayovac brand batteries misleadingly communicated an unsupported “line”...more

Comparative Advertising Do’s and Don’ts from the NAD – Part 1

by Dorsey & Whitney LLP on

Two recent decisions of the National Advertising Division of the Better Business Bureau provide helpful insights into how product performance comparisons should (and should not) be crafted to be considered fair comparative...more

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

by Kelley Drye & Warren LLP on

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often...more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Advertising Law - October 2016

Suit Over Block Voting on Reviews Moves Forward - A Lanham Act suit brought by a competitor over a company's efforts to minimize negative consumer reviews will move forward, a Utah federal court judge has...more

FTC Bureau Director Highlights Continuing Health-Related Enforcement, Homeopathic Guidance, and ROSCA at NAD Conference

by Kelley Drye & Warren LLP on

Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, highlighted the agency’s enforcement priorities at the National Advertising Division’s annual conference earlier this week. Key mentions included the...more

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