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NAD Online Reviews

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more

BakerHostetler

AD-ttorneys@law - September 2023

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Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

Kelley Drye & Warren LLP

NAD Explores When Companies can be Responsible for Third-Party Reviews

If a third-party writes a good review of your product – or, even better, rates it as one of the best – can you link to that review? A new NAD decisions suggests that the answer may not be as easy as people think....more

Kilpatrick

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

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Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

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As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

Kelley Drye & Warren LLP

Lather, Rinse, Repeat, Review – NAD Issues New Decision on Haircare Reviews

Last year, Prose – a company that makes customized haircare products – brought an NAD challenge against a competitor, Function, over Function’s claims that it had over 110,000 5-star product reviews. Shortly after that,...more

Manatt, Phelps & Phillips, LLP

NAD Straightens Disclosures for Incentivized Consumer Reviews of Aligner Products

In its latest decision regarding incentivized consumer reviews, the National Advertising Division of BBB National Programs ruled that a general disclosure is not sufficient to disclose incentivized consumer reviews on a...more

Kelley Drye & Warren LLP

NAD Frowns on Byte’s Incentivized Reviews

As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. Yesterday, NAD announced a new decision...more

Dorsey & Whitney LLP

The Future of Ad Law: A Wrap Up from the 2021 NAD Conference

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At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon....more

Kelley Drye & Warren LLP

NAD Addresses Math Problems in Counting Reviews (Again)

Earlier this year, Prose – a company that makes customized haircare products – brought an NAD challenge against Function – a competitor in the same business – over Function’s claims that it had over 110,000 5-star product...more

Kelley Drye & Warren LLP

NAD Addresses Math Problems in Counting Reviews

Function claimed that it had “over 110,000 5-star product reviews” for its hair care products, the majority of which come from its “shampoo and conditioner” category. A competitor filed an NAD challenge pointing out that the...more

Manatt, Phelps & Phillips, LLP

NAD Conducts Inquiry Into Implied COVID-19 Messages

In addition to the Federal Trade Commission, the National Advertising Division (NAD) has also been active with cases regarding COVID-19 claims. In the latest case, the NAD announced that Nomolotus, LLC, d/b/a Truvani,...more

Kelley Drye & Warren LLP

NAD Addresses When Companies may be Liable for Consumer Reviews

This is not another post about coronavirus claims, but we do need to start there. Truvani makes a dietary supplement that was formerly called “Under the Weather.”...more

BakerHostetler

FTC on Influencers and Consumer Reviews from the NAD Conference

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Earlier this week at the National Advertising Division (NAD) annual advertising law conference, Mamie Kresses, a senior attorney in the Bureau of Consumer Protection, Advertising Practices division at the Federal Trade...more

Kelley Drye & Warren LLP

New NAD Decision Addresses Incentivized Reviews

NAD recently announced a decision involving Pyle Audio’s campaign to generate reviews for its NutriChef brand vacuum sealers. When consumers received their products, they would find a card promising them two rolls of vacuum...more

Manatt, Phelps & Phillips, LLP

NAD Gives Online Review Promotion a Negative Grade

Consumer product reviews were the subject of a new decision from the National Advertising Division (NAD) when it challenged reviews that failed to disclose they were the result of advertiser-provided incentives....more

Manatt, Phelps & Phillips, LLP

NAD Lowers TaxSlayer’s Ratings Claim

The National Advertising Division (NAD) slayed “#1 Rated” claims made by TaxSlayer LLC, recommending, in its ruling on a challenge brought by competitor Intuit Inc., that the advertiser discontinue the unsupported message....more

Dorsey & Whitney LLP

#HonestAds : A Wrap Up from the 2018 NAD Conference

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We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more

Dorsey & Whitney LLP

Advertising Your Glowing Online Reviews – How To Substantiate Ad Claims Based on Consumer Reviews

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We’ve blogged a few times about consumers’ rights to post negative reviews online, and what businesses should know about the Consumer Review Fairness Act (the “CRFA”), but what happens if you are lucky enough to receive so...more

Kramer Levin Naftalis & Frankel LLP

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

Kelley Drye & Warren LLP

New NAD Decision Addresses Product Reviews

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

Kelley Drye & Warren LLP

NAD Revisits Crowd-Sourced Substantiation

Traditionally, when companies wanted to advertise that consumers preferred their product over another product, the companies would substantiate their claim by running a survey. Consumers would be stopped in a mall, called, or...more

Kelley Drye & Warren LLP

NAD Worries Consumers Will Jump To Wrong Conclusions Over Trampoline Reviews

A growing number of consumers read reviews before they decide to purchase a product. Because of this – as we’ve posted various times – regulators and competitors are keeping a watchful on eye reviews that seem biased or...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

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