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NAD

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

BakerHostetler on

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

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Kelley Drye & Warren LLP

NAD Judges a Popularity Contest

NAD recently issued a decision in a challenge that Zillow brought against Apartments.com involving a humorous campaign that featured Jeff Goldblum. The decision covers a lot of ground, including some issues that may be unique...more

Kelley Drye & Warren LLP

WFA Issues Guidance on Green Claims

Companies that make environmental or “green” claims generally refer to the FTC’s Green Guides for guidance on what they can and cannot say and what substantiation they need. At this point, though, the Green Guides are more...more

Kelley Drye & Warren LLP

Lather, Rinse, Repeat, Review – NAD Issues New Decision on Haircare Reviews

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

Kelley Drye & Warren LLP

Food and Personal Care Product Litigation and Regulatory Highlights – March 2022

This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more

Manatt, Phelps & Phillips, LLP

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

Kelley Drye & Warren LLP

How Many is Many?

NAD recently announced a decision in a challenge that Charter brought against T-Mobile for its home internet service. The decision covers a lot of ground and is worth reading if you work in the telecom space. But for the...more

Kelley Drye & Warren LLP

NAD Continues to Focus on Green Claims

Most NAD challenges are initiated by competitors, but NAD can also initiate its own inquiries as part of its mission to independently monitor national ads for truthfulness and accuracy. Over the past few months, NAD has...more

Verrill

We Donate $1MM To Charity. Do You Really? The NAD is Watching.

Verrill on

Two recent “routine monitoring” determinations of the National Advertising Division of BBB National Programs may indicate a trend toward the NAD’s investigation into cause-related marketing initiatives....more

Kelley Drye & Warren LLP

NAD Reviews Charitable Donation Claims

In recent years, more companies have been willing to take public positions on social issues and to promote certain causes. Different types of promotions raise different legal issues. For example, if a company advertises that...more

Kelley Drye & Warren LLP

Food + Personal Care Litigation and Regulatory Highlights – January 2022

Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...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

Venable LLP

Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads

Venable LLP on

As the rest of us prepared for the Super Bowl by buying avocados to make guacamole, installing new big-screen TVs, and donning Ram/Bengal-themed face paint, select corners of corporate America are preparing for the biggest...more

BakerHostetler

AD-ttorneys@law - February 2022

BakerHostetler on

Washington State Debates Personal Data Protections - Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more

Proskauer - Advertising Law

On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more

BakerHostetler

Auld Lang Syne 2021 – Significant Events of the Past Year

BakerHostetler on

Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more

Manatt, Phelps & Phillips, LLP

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

BakerHostetler

AD-ttorneys@law - December 2021 #2

BakerHostetler on

China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more

Fox Rothschild LLP

Think Twice Before Using That Emoji

Fox Rothschild LLP on

In a decision issued last month, the National Advertising Division (“NAD”) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer of Gatorade challenged four...more

Proskauer - Advertising Law

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

Manatt, Phelps & Phillips, LLP

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

Kelley Drye & Warren LLP

New NAD Case Addresses Green Claims in Fashion Industry – Part 2

In a post last week, we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by...more

Kelley Drye & Warren LLP

NAD Frowns on Byte’s Incentivized Reviews

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

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