AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
AD Nauseam: NAD and Why Can’t We Be Friends
AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024
AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
AD Nauseam: A Very Special AD Nauseam – Back to School
December Monthly Minute | The National Advertising Division (NAD)
5 Key Takeaways | Nuts and Bolts of NAD Proceedings
On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games,...more
Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more
LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is “voted #1 by small businesses.” ZenBusiness challenged these...more
LegalZoom has a box on its website with the title “As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
In the spring, we posted about a case involving a heavy dose of makeup. As the summer heat sets in, you may be thinking about a more minimalist approach to your personal care products. If so, Native has you in mind with a...more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
Energizer claimed that its AA MAX batteries are “up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more
Jason Momoa moved into a new neighborhood and was sad because his internet hadn’t been connected. Zach Braff and Donald Faison tried to cheer him up, as good neighbors often do, by singing him a song and dancing on his porch....more
The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more
Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the “ultimate clean,” even in the “toughest conditions,” and even when you “skip the rinse.” In my house, the pre-rinse cycle runs...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more
A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more
HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more
Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with...more
The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s...more
The Princeton Review advertises its MCAT preparation courses with the following copy: “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a continuing legal education program alongside Laura Brett, head of the National...more
IN THE NEWS AND LATEST UPDATES - NAD Recommends More Prominent Disclosures on Influencer Posts - Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin....more
Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more
Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth...more
During the ANA Advertising Law One Day Conference at Katten’s New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm’s Artificial Intelligence (AI) Working Group,...more
On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more