Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
Do You Really Intend to Offer NFTs, Digital Collectibles and Virtual Goods? If Not, No Trademark - The NFT explosion has led to a “gold rush” of thousands of new US trademark applications covering NFT-based digital files,...more
NAD has revised its SWIFT challenge rules to accept simple "implied" claims. The cases, for now, must still involve a single issue and the implied claims must be very obvious, akin to "necessary implication" matters....more
Authored by our Global Sanctions Team On 3 June 2022, the EU adopted a new round of sanctions against Russia and Belarus, banning the purchase, import or transfer into the EU of crude oil and petroleum products originating in...more
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
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
The National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, recently announced that a new “Fast Track” challenge process is now available to members of the advertising industry. The SWIFT...more
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more
New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more