LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
AD Nauseam: NAD and Why Can’t We Be Friends
AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024
AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
AD Nauseam: A Very Special AD Nauseam – Back to School
December Monthly Minute | The National Advertising Division (NAD)
5 Key Takeaways | Nuts and Bolts of NAD Proceedings
In 2025, the National Advertising Division saw a notable uptick in challenges involving the financial services industry. Historically viewed as a forum focused on categories like food, cosmetics, personal care, household...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
Procter & Gamble filed an NAD challenge against Blueland, arguing that influencers promoting Blueland’s cleaning products on the TikTok Shop did not adequately disclose their connection to the company....more
We recently had the great good fortune to host a live AD Nauseam podcast at the 2025 ANA Masters of Advertising Law conference with Federal Trade Commission (FTC) Commissioner Melissa Holyoak and National Advertising Division...more
NAD Weighs in on Reference Pricing for Scales - The National Advertising Division (NAD) recently issued a decision addressing alleged false reference pricing claims related to body weight scales. The case arose from a...more
If your inbox has ever shouted “Last Chance!” only to whisper “Extended One More Day” the next morning, you’re not alone. And neither are the marketers behind those messages, who now find themselves facing a recent wave of...more
FTC Alleges LA Fitness Employs Unfair Practices to Obstruct Membership Cancellations - The Federal Trade Commission (FTC) recently filed a lawsuit alleging LA Fitness that the nationwide chain of gyms violated the FTC Act...more
While advertisers are awaiting the Federal Trade Commission's revisions to the Green Guides, the National Advertising Division (NAD) of BBB National Programs continues to review environmental advertising claims through its...more
A recent NAD decision looks at an issue that frequently comes up for advertisers but doesn’t often make its way into NAD decisions—how companies can use charts to compare features they offer against those offered by their...more
Earlier this year, we blogged about effective influencer disclosures on Instagram. Our attention is now on TikTok with the help of a recent decision from the National Advertising Division. On October 13, 2025, the NAD...more
When the FTC proposed its consumer reviews and testimonials rule in 2023 (discussed here), it included a provision targeting so-called “review hijacking” — the practice of reusing reviews written for one product to promote a...more
False Ad Suit Over General Mills' "Garlic Rye" Chips Clears First Legal Hurdle - A federal judge in the Southern District of New York denied General Mills' attempt to dismiss a lawsuit alleging that it misled consumers...more
The NAD has a new Vice President, updated rules for SWIFT cases and appeals, and are developing new programs. It is imperative that lawyers supporting marketers know the law of the land at this critical self-regulation body....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
Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about...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
On today’s episode of AD Nauseam, Amy and Daniel explore the legal and regulatory challenges of deceptively formatted advertising, often referred to as native advertising, focusing on how the FTC and NAD assess whether...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
The National Advertising Division (“NAD”) issued a new decision addressing a number of basic advertising law staples: “up to” claims, comparative superiority claims, and apples-and-oranges comparisons....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 materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more
Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional cookware...more