NAD

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Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

NAD Settlements — They're Possible and Worth Considering

Many advertisers who appear before the National Advertising Division assume that once an NAD challenge is filed there’s no turning back. The NAD rarely declines an opportunity to review cases, and when it does reject a...more

Advertising News & Analysis - June 2014 #4

In this issue: - Want to Settle an NAD Challenge? It Can be Done - California "Made in USA" Class Action May be First of Many - More Buzz About Post-Grant Proceedings - Excerpt from Want to...more

Advertising Law - June 2014

Native Advertising Needs Better Disclosures, Says NAD - Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget”...more

Second Conflict Minerals Report Filed

The second Form SD and related conflicts minerals report has been filed. They are interesting documents but may still not be the holy grail of precedents because of, among other things, the use of terms like “Conflict Free...more

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

Advertising News & Analysis - April 24, 2014

In this issue: - FDA Unveils Long-Awaited E-Cig Regs - Keep Tabs on TCPA Litigation…Or Face Your Own - The Stomach-Turning Fight Over NAD Jurisdiction - Bitcoin Creates Buzz, as Well as Tax and...more

Advertising News & Analysis - March 2014

In this issue: - Tax Plans' New Math Is Bad News for Marketers - Novel Payment and Discount Products Harbor Hidden Risks - Siri Tells Plaintiffs What to Do with Product Demo Claims - With NAD, "I...more

Advertising News & Analysis - February 20, 2014

In this issue: - Announcement - NAD Weighs in on Native Advertising...Again - Courts Chew on Intersection of FDA Labeling Regs and Private Causes of Action - Bills on the Hill Target Federal...more

Advertising Law - Feb 6, 2014

High-Profile Mistake Could Cost Data Brokers: Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry? The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more

Private Governance of Green Claims in the Marketplace: The Role of NAD and Advertising Self-Regulation

Private environmental governance encompasses a broad range of private actors creating systems and mechanisms for promoting various environmental or “green” attributes. Increasingly, companies are conducting life-cycle...more

Native Advertising Takes Center Stage: New NAD Decision Recommends Disclosure of Branded Content as Advertising

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

Advertising News & Analysis - December 6, 2013

In this issue: - A Little Free Advice on Quality "Sale" Disclaimers - What are the Odds? CARU Takes Aim at Boy Scout Sweeps - What Happens When Marketers Ignore NAD? - Upcoming Events -...more

IP Buzz - November 2013

In this issue: - NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold? - "Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle" at...more

Advertising News & Analysis - November 21, 2013

In this issue: - FTC Announces Agenda for Native Advertising Workshop - FTC Enforcement Action Puts Service Providers on Notice - Advertisers Go Native, Regulators Take Notice - Jurisdiction Is in...more

Advertising Law -- Nov 18, 2013

C May Now Be For Celery or Carrots - Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department. In a...more

Advertising News & Analysis - October 24, 2013

In this issue: - NAD Continues Eyeing Native Advertising, FTC Coming Soon - Treble Damages in False Advertising Cases? It Can Happen - Made in USA Claims Very Much on FTC’s Radar - Upcoming...more

Advertising News & Analysis - August 29, 2013

In this issue: - Register Now and Join Us at ERA D2C - What You Think You Know Can Hurt You - FDA Serves Seconds on Medical Food Guidance - Facebook Promotions? You Don't Need an App for That -...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

Advertising Law - August 22, 2013

In This Issue: - Diaper Rash Settlement Rubs 6th Circuit the Wrong Way - NAD: “World’s Best” Claims Constitute Puffery - FDA Releases “Gluten-Free” Guidelines - From Across the Pond: U.K. Deals with Alcohol...more

Advertising News & Analysis - August 15, 2013

In this issue: - Register Now for ERA D2C Convention - NAD Has FTC's Number...And is Not Afraid to Use It - Venable Obtains Decisive Victory for Email Advertisers and Marketers - More on...more

Advertising Law -- Aug 15, 2013

FTC Updates COPPA Guidance - As promised, the Federal Trade Commission has provided additional updates to its Frequently Asked Questions guidance regarding the new Children’s Online Privacy Protection Rule which took...more

Advertising News & Analysis - August 8, 2013

In this issue: - Register Now for ERA D2C Convention - NAD Turns up the Heat on "Up To" Claims - The 411 on Calling Cell Phones? It's About to Change - FDA Targets Safety of Imported Food -...more

Advertising Law -- Jul 11, 2013

FTC to Search Engines: Make Ads Distinct - Eleven years after last issuing guidance to search engines about displaying paid search results, the Federal Trade Commission sent letters to dozens of companies, including...more

Advertising Law -- Jul 03, 2013

Excerpt from Orange Juice Suit Squeezes Its Way Forward - In the latest consumer class action alleging false “natural” claims, a federal court judge in New Jersey ruled that Tropicana Products cannot avoid an action...more

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