The NAD reviewed weight-loss success stories on Nutrisystem’s Pinterest board, and determined that the weight-loss claims featured atypical results. As we’ve posted before, the FTC’s Endorsement Guidelines state that if an endorser's experience does not reflect what consumers will generally achieve, the ad “should clearly and conspicuously disclose the generally expected performance in the depicted circumstances.” Accordingly, the NAD held that the Pinterest board should have included a disclosure with the typical weight-loss results.
The NAD’s decision contains two important lessons. First, claims on social media sites are still considered advertisements and, therefore, subject to advertising laws. And, second, advertisers should exercise caution when advertising atypical results. For more information about the FTC’s guidance on that issue, click here and here.