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
Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more
Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
Reckitt Benckiser advertises that its Finish Powerball Ultimate Dishwasher Tablets provide the “ultimate clean,” even in the “toughest conditions,” and even when you “skip the rinse.” In my house, the pre-rinse cycle runs...more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with...more
IN THE NEWS AND LATEST UPDATES - NAD Recommends More Prominent Disclosures on Influencer Posts - Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin....more
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more
With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more
The National Advertising Division of BBB National Programs (NAD) recommended last month that Stihl Incorporated USA (Stihl), a manufacturer of equipment and tools, discontinue or modify its unqualified “Made in America”...more
Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
There are folks who track NAD stats with the same passion as following a beloved sports team. I am not one of those people. That said, I have noticed there seem to be an awful lot of cases of late where the advertiser...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the National Advertising Division and talk about strategies to consider when your competitor is engaging in false advertising. Questions & Comments:...more
It’s the age-old banter between the marketing team and the marketing lawyers. The song and dance goes something like this...more
Touting your product or brand as number one has always been popular. It tells the world enough customers think highly of you to choose you more often over all others. Being number one also seems like a fairly straightforward...more
2nd Circuit Affirms Something's Off With Plaintiffs' Suit Against Nature's Bounty for its Fish Oil Claims - The Court of Appeals for the Second Circuit refused to revive a class action lawsuit alleging that Nature's Bounty...more
FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more
While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more
In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more
Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more
On today’s episode of AD Nauseam, Amy and Daniel have a very special episode - - focused on Getting Back to School – with a look at how the FTC and NAD have addressed issues related to kids and learning, a look at some...more
Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach to environmental goals.” For example, a survey late last year reported that one in four...more
On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several...more