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When Is a Sponsored Disclosure Insufficient to Disclose a Material Connection?

This InStyle social media post for Cariuma sneakers has the disclosure “Sponsored” in faint gray font under the publisher’s name. Was the post sponsored by InStyle or Cariuma? It is hard to tell....more

National Advertising Review Board Recommends That JBS Discontinue Net Zero Claims

The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by...more

NAD Finds Net Zero Claims by JBS Unsupported

Consumers increasingly purchase products based in part on the environmental benefits claimed by advertisers. In a recent decision, the National Advertising Division (NAD) of BBB National Programs stated: “Consumers eager to...more

2022 FTC and NAD Roundup

2022 has proven to be an interesting year at the Federal Trade Commission (FTC or Commission) and the National Advertising Division (NAD). Below is a roundup of some of the highlights from the FTC and the NAD this past year,...more

NAD Recommends P&G Discontinue Claim that Olay “Improves Skin 3X Better” than Leading Body Wash

The National Advertising Division (NAD) of BBB National Programs has recommended that The Procter & Gamble Company (P&G) discontinue the claim that Olay Premium body wash “improves skin 3X better” than the leading body wash....more

NAD Suggests Comcast Discontinue ‘Unlimited 5G’ and ‘Best Price’ Claims for Xfinity 5G Mobile Plans

In a recent case, the National Advertising Division (NAD) of BBB National Programs determined that “Unlimited 5G” and “best price” claims by Comcast for its Xfinity 5G mobile plans were not supported and should be...more

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

NAD Finds That Emojis Can Be Claims

In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims. ...more

NAD Finds Some Crest Whitening Emulsions Claims Supported, Recommends Others Be Retired or Modified

In another decision involving teeth whitening claims, the National Advertising Division (NAD) of BBB National Programs determined that The Procter & Gamble Company (P&G) substantiated claims that its Crest Whitening Emulsions...more

NAD Issues Decision Regarding Zarbee’s Cough Products

Cough relief claims for Zarbee’s, Inc., cough products were challenged by a competitor, Maty’s Healthy Products, LLC, with the National Advertising Division (NAD) of BBB National Programs. Both companies sell honey-based...more

NAD Recommends That Health Claims for Theraworx Relief for Muscle and Joint Products Be Discontinued

The National Advertising Division (NAD) determined that Avadim Health, Inc., did not provide adequate substantiation for health claims for its Theraworx Relief for Muscle Cramps and Spasm Foam (Theraworx MCS) and Theraworx...more

NAD Reaches Mixed Decision on Environmental Benefit Claims for Blueland Cleaning Products

In a mixed decision, the National Advertising Division (NAD) found that One Home Brands, Inc., d/b/a Blueland provided adequate substantiation for claims that its cleaning tablet wrappers are biodegradable and compostable,...more

NAD Resolves Dispute Between Competing Sports Drinks

Claims by BodyArmor Nutrition, LLC, for BodyArmor SuperDrink and BodyArmor Lyte sports drink were challenged by Stokely-Van Camp, Inc. (SVC), maker of Gatorade sports drinks, at the National Advertising Division (NAD)....more

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

NARB Recommends S.C. Johnson Discontinue Unqualified ‘Non-Toxic’ Windex Claim

A panel of the National Advertising Review Board (NARB) recommended that S.C. Johnson & Son, Inc., discontinue the unqualified “non-toxic” claim on package labeling for its Windex Vinegar Glass and Window Cleaner. However,...more

Instagram Claims Should Be Discontinued, NAD Recommends

Claims found in an Instagram post about an “on-the-go” dietary supplement should be discontinued, the National Advertising Division (NAD) recommended in a recent decision. The self-regulatory body requested substantiation...more

NAD Chews On Meal Kit Delivery Service Claims

A claim of “more flexibility” had adequate support, but other challenged claims—such as “more choice” and “Rated #1”—should be discontinued, the National Advertising Division (NAD) recommended in a case that involved the...more

New Year, New NAD Fees and Procedures

The National Advertising Division (NAD) started 2020 with updated fees and the announcement that new procedures would be implemented in the coming months....more

1/16/2020  /  Advertising , Fees , NAD

Supplement Claims Should Be Discontinued, NAD Recommends

In a new decision, the National Advertising Division (NAD) recommended that the marketer of a dietary supplement discontinue claims about its product performance and safety, its testimonials, and its “doctor recommended”...more

Cover Your Eyes: NAD Recommends Pepper Spray Discontinue Claims

The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor....more

Clearing the Air: NAD Recommends Discontinuing Air Purifier Claims

Performance and comparative superiority claims for an air purifier should be discontinued, the National Advertising Division (NAD) recently recommended, although the advertiser plans to appeal part of the decision. ...more

11/20/2019  /  Advertising , False Advertising , Marketing , NAD

NAD Recommends Animal Welfare Claims Be Discontinued

Animal welfare claims on packaging for Hatfield pork products should be discontinued, the National Advertising Division (NAD) recommended to Hatfield Quality Meats in a recent decision....more

10/8/2019  /  Advertising , Animal Health , NAD

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

NARB Brushes Up on Toothbrush Claims

Considering comparative advertising for the Sonicare DiamondClean toothbrush, a panel of the National Advertising Review Board (NARB) agreed with the National Advertising Division (NAD) that the advertiser should modify...more

Retail and Consumer Products Law Roundup - August 2019

Retail Spotlight on ADA Compliance: Donald Brown - In the decade since amendments to the landmark Americans with Disabilities Act (ADA) took effect, businesses across all industries have confronted constant legal...more

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