News & Analysis as of

NARB NAD

Kelley Drye & Warren LLP

NARB Disagrees with NAD on Package Disclosures

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

Fox Rothschild LLP

NAD Case Decision Summaries

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The National Advertising Division (NAD) issues decisions on a periodic basis involving advertising claims submitted to it for review. Although the full case decisions are not publicly available without a subscription, the...more

Kelley Drye & Warren LLP

NAD Finds Disclosures for Comparative Claims Aren’t Clear

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

Morgan Lewis

New York Attorney General Alleges Company Misled with Ads of Net-Zero Emissions Goals

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The lawsuit against meat packer JBS Foods concerns the company’s advertisements that it would be “Net Zero by 2040” and is one in a growing number of claims arising from allegedly deceptive environmental marketing claims. It...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

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

Kelley Drye & Warren LLP

Company Complies with NARB Decision on Review Disclosures After FTC Intervenes

Smile Prep operates a website that provides reviews of clear aligners (or ​“invisible braces”) based on an ​“extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the...more

Kilpatrick

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

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New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

Kelley Drye & Warren LLP

NY Attorney General Sues JBS Over Greenwashing

Last year, a trade association challenged aspirational claims that JBS – the world’s largest producer of beef products – was making about its commitment ​“to be net zero by 2040.” NAD determined that although the company had...more

Katten Muchin Rosenman LLP

New York Attorney General Sues JBS for Alleged Greenwashing

On February 28, 2024, the New York Attorney General (“NYAG”) sued JBS USA Food Company and JBC USA Food Company Holdings (collectively, “JBS”), pursuant to New York state consumer protection laws, for alleged greenwashing...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

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

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

NARB Gives FTC an Opportunity to Apply New Endorsement Guides

Kelley Drye & Warren LLP on

Smile Prep operates a website that provides reviews of clear aligners (otherwise known as ​“invisible braces”) based on an ​“extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions...more

Katten Muchin Rosenman LLP

Thoughts from the National Advertising Division (NAD) Annual Conference, 2023

The annual legal conference for the National Advertising Division of the Better Business Bureaus National Programs (NAD) took place over two days this week in Philadelphia. The conclave was well-attended by the advertising...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - July 2023

World's No. 1 Meat Manufacturer's "Net Zero" Claims Aren't All Hogwash, But They're Not Exactly Substantiated, NARB Concludes - Claims that the world's largest producer of animal meat and protein products will achieve "net...more

Katten Muchin Rosenman LLP

"Aspirational" claims: an alternative to greenhushing?

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

Manatt, Phelps & Phillips, LLP

National Advertising Review Board Recommends That JBS Discontinue Net Zero Claims

The National Advertising Review Board (NARB), the appellate advertising body of BBB National Programs, has recommended that JBS USA Holdings, Inc., discontinue claims regarding its goal of achieving net zero emissions by...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

Kelley Drye & Warren LLP

NARB Recommends Better Distinction Between Current Achievements and Future Goals

Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

BakerHostetler on

Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer Rose LLP

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

Proskauer Rose LLP on

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Manatt, Phelps & Phillips, LLP

NAD Recommends That Health Claims for Theraworx Relief for Muscle and Joint Products Be Discontinued

The National Advertising Division (NAD) determined that Avadim Health, Inc., did not provide adequate substantiation for health claims for its Theraworx Relief for Muscle Cramps and Spasm Foam (Theraworx MCS) and Theraworx...more

Manatt, Phelps & Phillips, LLP

NARB Recommends S.C. Johnson Discontinue Unqualified ‘Non-Toxic’ Windex Claim

A panel of the National Advertising Review Board (NARB) recommended that S.C. Johnson & Son, Inc., discontinue the unqualified “non-toxic” claim on package labeling for its Windex Vinegar Glass and Window Cleaner. However,...more

Hogan Lovells

National Advertising Division Issues Decision on “100% Natural,” Satiety, and Curbing Cravings Claims

Hogan Lovells on

A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more

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