News & Analysis as of

NAD

NAD Inhibits Growth of Bacteria (Claims)

by Kelley Drye & Warren LLP on

The NAD recently analyzed whether Petmate had adequate substantiation to support claims that certain cat litter pans had “built-in antimicrobial protection” and that they could “inhibit bacteria growth.” Although the decision...more

Departure From Industry Standard Testing Arrives at NAD Disapproval

The National Advertising Division vacuumed up a dispute over cleaning claims in a challenge brought by Dyson Inc. against competitor SharkNinja LLC....more

Electronic Retailing Self-Regulation Program

by Fox Rothschild LLP on

When hoping to resolve advertising concerns or disputes quickly and easily, companies should not only consider utilizing the National Advertising Division (“NAD”), but also the potentially lesser-known Electronic Retailing...more

Happy Chickens in a Line (Claim)

by Kelley Drye & Warren LLP on

The NAD recently announced a decision in which it analyzed whether consumers would interpret claims in two commercials about Perdue’s happy chickens and organic practices to apply to all of the company’s chickens or only some...more

NARB Turns Down Mascara’s Volume Claims

Lacking evidence to back up “before” and “after” pictures and the statement “1,944% more volume,” Too Faced Cosmetics LLC should discontinue the claims it’s making about its Better Than Sex original and waterproof mascaras,...more

Food & Beverage Litigation Update | May 2018

USDA Releases Proposed Bioengineered Ingredients Standard - The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more

NAD Recommends LG Modify TV Claims

LG Electronics should modify or discontinue certain claims for its Super UHD and OLED television sets, the National Advertising Division has recommended....more

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

FDA Issues Guidance on Concentrated Caffeine - The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more

“Fastest Growing Brand” – Don’t Mix and Match Ad Claim and Substantiation

by Dorsey & Whitney LLP on

We blogged last week about a recent National Advertising Division case involving a Kimberly-Clark ad campaign that illustrated the well-known NAD maxim: “an advertiser is responsible for all reasonable interpretations of its...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - ERSP Sends Vitalizer Claims up to the FTC - NAD Says Cardio Miracle Creator Dodged the Question - CPSC Takes Smart Tech Safety to the Streets - ESRB Floats Changes to Its COPPA Safe Harbor Program -...more

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

by 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

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)...more

Sprint Needs to Limit ‘Unlimited’ Claims, NAD Recommends

Sprint should put some limits on its “unlimited” claims, the National Advertising Division (NAD) recommended in a new decision. Competitor Verizon challenged Sprint’s advertising for its unlimited plan, particularly its...more

When Monsters Exaggerate

by Kelley Drye & Warren LLP on

The Grim Reaper, a mummy, a mad scientist, and a werewolf are riding together on a train after work. No, that’s not the start of a joke, but it is the start of a funny commercial for Spectrum TV. The four characters talk...more

Memory Loss Supplement Maker Forgets Support for Ad Claims

The maker of memory loss supplements must remember to change its advertising following a review by the National Advertising Division....more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - Thelonious Monk Estate Hornin’ In on Right of Publicity Trial - FTC Continues Inexorable Diet-Supplement Crusade - Ken’s Foods Sued for Slippery Olive Oil Claims”...more

Food & Beverage Litigation Update | February 2018 #3

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

Do We Need A Truth In Advertising Act? The Industry and Retailers Self-Regulate Photoshopping Ads

Digitally altered images of models have been a controversial advertising issue for decades. In Great Britain, the Advertising Standards Authority Ltd., which is the governing regulatory advertising body, in 2011 banned...more

NAD: Allergy Medication Too Smart for Its Own Good

Claims touting an allergy medication as “smart” or “wise” conferred a clinically meaningful benefit as compared to a competitor’s product and should be discontinued, the National Advertising Division (NAD) recently...more

KTS Advertising Law Guides: Anatomy of a False Advertising Challenge

At some point in any lawyer’s career, it is likely that a client will come to them demanding action about a competitor’s false advertising. Whether the competitor is lying in an explicit comparison with your client’s product...more

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more

NAD Refers StubHub Pricing Claims to FTC

After StubHub.com declined to comply with the National Advertising Division’s recommendations with regard to its pricing claims, the self-regulatory body referred the issue to the Federal Trade Commission (FTC) for review....more

NAD Refers Fungus Products to FTC and FDA

by Reed Smith on

Moberg Pharma filed a NAD challenge against Kramer Laboratories, Inc. regarding the name of Kramer’s nail product. Kramer’s “Fungi-Nail Toe & Foot” product competes in the market with Moberg’s “Kerasal Fungal Nail Renewal”...more

AD-ttorneys@law

by BakerHostetler on

Under the National Advertising Division’s (NAD) consideration: StubHub, a website that features tickets to sports events, concerts, theater and other live entertainment events. The division was taking a close look at...more

AD-ttorneys@law

by BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

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