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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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