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Kilpatrick

5 Key Takeaways - Puffery Versus Objective Claims in Advertising: Five Takeaways from the 2024 National Advertising Division...

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Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising...more

International Lawyers Network

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Better” and ​“Best” Claims are Puffery

Royal Oak sells Super Size charcoal briquets that are 50% bigger than the briquets sold by certain competitors. Royal Oak advertises that ​“a bigger briquet is a better briquet” and that the briquets provide ​“the best...more

Kelley Drye & Warren LLP

NARB Reads Less Into Emojis Than NAD

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Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained ​“50% more electrolytes vs. Gatorade Thirst Quencher.” One social media...more

Kelley Drye & Warren LLP

NAD Decision Provides Guidance on Disclosures for Endorsements

NAD recently issued a decision in a challenge that Bath & Body Works (or ​“B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more

Kelley Drye & Warren LLP

NAD Decision Provides Guidance on Claims Against Unnamed Competitors

NAD recently issued a decision in a challenge that Bath & Body Works (or ​“B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. Although the decision covers a lot of ground – B&BW...more

Kelley Drye & Warren LLP

NAD Addresses Apples and Oranges in Price Claims

Google recently ran two commercials for its YouTube TV service, each of which ended with the following tagline: “More than cable. For $600 less than cable.” A disclosure at the bottom of the screen explained: “Annual average...more

Sheppard Mullin Richter & Hampton LLP

How to Succeed in Environmental Marketing Claims

Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserve to know, while at the same...more

Kelley Drye & Warren LLP

NAD (Still) Doesn’t Trust Trustpilot Reviews

If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it seems, and two NAD cases – one from three years ago and one from...more

Kelley Drye & Warren LLP

When Monsters Cross a Line (Claim)

For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and...more

Kelley Drye & Warren LLP

NAD Decision Holds Lessons for Developing Test Protocols

If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help...more

Kelley Drye & Warren LLP

NAD Combs Through Saturday Night Hair Claims

My law firm picture was taken on a Tuesday morning, but I’ve always lamented that the photographer wasn’t available to take it on a weekend, which would have given me a better opportunity to showcase my Saturday night hair....more

Kelley Drye & Warren LLP

NAD Addresses Apples, Oranges, and Dogs

The makers of Bravecto ran a TV ad comparing Bravecto and NexGard – both flea and tick prevention products – and starring one of the actors from Best in Show. The makers of NexGard challenged the ad before the NAD and the...more

Kelley Drye & Warren LLP

NAD Warns Advertiser Over Exaggerating Advantages

Last week, NAD announced a decision involving a series of AT&T Fiber ads that holds important lessons for companies that make comparative performance claims. Each of the ads depicts a funny scene in which a cable user is...more

Faegre Drinker Biddle & Reath LLP

Healthy Choices: The Power and Perils of Health and Wellness Claims in Advertising

Even before COVID-19 had turned each of us into an amateur epidemiologist, companies in nearly every industry had begun to recognize the magnetic appeal of health and wellness claims in consumer advertising. Marketers of...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

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

Kelley Drye & Warren LLP

NAD Frowns on Teeth Alignment Comparisons

Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that...more

Kelley Drye & Warren LLP

NAD Decision Addresses Product Comparisons

This month, NAD announced a decision involving T-Mobile’s ads for its TVision service. The service currently allows subscribers to watch TV over a wired broadband connection, though T-Mobile plans to offer wireless technology...more

Hogan Lovells

Proposed changes to Mexico’s Consumer Protection Law

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A proposal for new regulations to the Federal Consumer Protection Law was published by Mexico’s National Commission of Regulatory Improvement (CONAMER) on July 16, 2019. This Project of new Regulations is aimed to abrogate...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP

NAD Weighs In on ‘Best’ Claims

Be careful about making claims that a product is the “best,” the National Advertising Division (NAD) cautioned in a new decision, recommending that Mahindra USA discontinue claims that it offered the industry’s “best”...more

Kelley Drye & Warren LLP

NAD Sheds Light on Comparisons Against “Regular” Products

Advertisers who want to tout the comparative advantages of their products have a number of options for framing those comparisons. For example, they can compare their products to specific products, they can compare their...more

Dorsey & Whitney LLP

Choosing Your Words Carefully in Advertising: NAD Recommends Advertiser Discontinue Use of the Word “Choosing”

Dorsey & Whitney LLP on

Almost every NAD case begins with the maxim: It is well-established that an advertiser is responsible for all reasonable interpretations of its claims, not simply the messages it intended to convey. It follows that...more

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