5 Key Takeaways | The Essentials of Advertising Claims Substantiation
Assuming the title of this article prompted you to read on, it probably comes as no surprise to you that consumers' interest in the safety and quality of their skincare, fragrance and related personal care products is at an...more
Barry M. Benjamin, Managing Partner of the New York office and Chair of Kilpatrick’s Advertising and Marketing group, was honored to co-present with Andrew Lustigman of Olshan law, a discussion of how to engage and strategize...more
Ahold and Lidl are grocery retailers. In a recent challenge before the NAD, Ahold argued that Lidl ads claiming that consumers could save when shopping at Lidl’s stores instead of Ahold’s stores—including Food Lion, Stop &...more
From trademark prosecution reforms and copyright litigation milestones to tightening advertising substantiation standards, evolving trade secret risks, and the ongoing battle over product design “dupes,” 2026 presents a mix...more
Master the complexities of substantiating your advertising claims in an era of AI, greenwashing, and heightened state enforcement. ACI's 9th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims...more
Kilpatrick’s Barry Benjamin and Bryan Wolin were honored to participate in the firm’s long-running IP Innovation webinar series, with a presentation on December 3, 2025, covering the essentials of advertising claims...more
On today’s special episode of AD Nauseam, Amy and Daniel broadcast live from the Association of National Advertiser’s annual conference. They’re joined by Phyllis Marcus, Director of the National Advertising Division, for an...more
Last year, we posted that the Environmental Working Group (“EWG”) had filed a lawsuit against Tyson Foods in DC Superior Court, accusing the country’s second-largest meat company of falsely claiming it will achieve net-zero...more
According to the mission statement on its website, “Black Rifle Coffee Company serves coffee and culture to people who love America.” The company serves that coffee in bags that proudly feature the American flag and bear the...more
On October 2, 2025, a federal judge in California gave final approval to a proposed settlement resolving a class action lawsuit against Rust-Oleum Corporation, centered around allegedly deceptive sustainability or green...more
In recent years, the market for eco-friendly products has surged, driven by increasing consumer demand for sustainable and environmentally responsible options. However, this trend has also led to a rise in greenwashing...more
In recent years, there has been an increase in class action lawsuits alleging that companies are using artificially inflated “list” or “strikethrough” prices to mislead consumers into thinking they are getting a better deal...more
The recent 2025 NAD Conference provided a deep dive into many areas of advertising law. While a few sessions discussed the obvious hot-button topic of the year—artificial intelligence—there were many other timely topics...more
Artificial intelligence (AI) may be a relatively new ingredient in the advertising kitchen. But in advertising law, the recipe remains the same....more
Last week in Washington, D.C., the BBB National Programs wrapped up another successful NAD conference. The conference, as usual, provided a rich and unique experience for attendees, including updates from the Federal Trade...more
This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims....more
Washington, D.C., was buzzing this week with the sharp insights of advertising law pros at the National Advertising Division (NAD) annual conference. A major discussion point was the role teens are playing in the marketing...more
On today’s episode of AD Nauseam, Amy and Daniel explore how advertisers can substantiate sensory claims—such as taste, smell, and feel—through rigorous testing, with a focus on guidance from the ASTM E1958 standard and...more
This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more
The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting thing about this case is that the brand didn’t ask for the video to be posted, and the...more
Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more
Plaintiff Scraps False Ad Suit Claiming Joe Rogan's "Alpha Brain" Deceives Consumers - So long, Alpha Brain false advertising lawsuit—we hardly knew ye. And now that the parties in the lawsuit alleging that controversial...more
In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more
Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more