Category Archives: NAD

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NAD Director Andrea Levine Retiring After 20 years

AndreaLevineASRC President & CEO Lee Peeler has announced the retirement of Andrea C. Levine, Director of the National Advertising Division (NAD). During her 20-year tenure, the NAD published more than 2,600 case decisions and built what has been described as the largest body of advertising precedent in the United States. In announcing the retirement, Mr. … Continue Reading

Ad Law News and Views Newsletter you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

New NAD Decision Addresses Product Reviews

The NAD recently announced a decision that touches upon various issues related to consumer reviews, including how paid endorsements should be disclosed, a company’s responsibilities regarding the content of endorsements, and the presentation of aggregate reviews. The FitTea website includes a “Results and Reviews” page. At the top of the page are a series of … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

Webinar SeriesPlease join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

NAD Decision on Savings Claims Holds Valuable Lessons

The NAD recently issued a decision involving savings claims that holds some valuable lessons for advertisers. Lowes ran TV ads advertising that consumers could get “20% off appliances $396 or more.” Not all appliances in that price range were discounted at 20%, though, and a consumer complained to the NAD, arguing that the retailer had … Continue Reading

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its close working relationship with the FTC. But what becomes of these referrals from the self-regulatory system? At NAD’s annual conference last month, Mary Engle, the … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

There is no excerpt because this is a protected post.

NAD Revisits Crowd-Sourced Substantiation

Traditionally, when companies wanted to advertise that consumers preferred their product over another product, the companies would substantiate their claim by running a survey. Consumers would be stopped in a mall, called, or contacted online, and asked their opinions. Now that many consumers freely post their opinions online, though, some companies are wondering whether they … Continue Reading

NAD Worries Consumers Will Jump To Wrong Conclusions Over Trampoline Reviews

A growing number of consumers read reviews before they decide to purchase a product. Because of this – as we’ve posted various times – regulators and competitors are keeping a watchful on eye reviews that seem biased or inauthentic. The latest challenge comes from a world that isn’t known for its advertising challenges: the world … Continue Reading

The Fountain of Youth May Not Be Stocked With Gin

A British hotel group recently introduced “Anti-aGin Gin,” a gin that “rejuvenates the skin while you drink.” The gin was marketed to people “who want to stay young but don’t want to give up alcohol.” The company advertised that the gin included “a host of age defying botanicals and, combining them with drinkable collagen, this … Continue Reading

Who’s Watching Dietary Supplement Advertising?  Everybody!

For several years now, dietary supplement advertising has been squarely on the radar of the FTC, state regulators, self-regulators, and last but never least, plaintiff’s lawyers. A recent FTC settlement with the makers of the dietary supplement, Procera, highlights that point. The FTC’s investigation appears to have begun with a nudge from the self-regulatory body, … Continue Reading

Association of National Advertiser’s Advertising Law & Public Policy Conference — March 31-April 1, 2015

Join Partner John Villafranco at the Association of National Advertisers’ Advertising Law & Public Policy Conference in Washington, DC on March 31-April 1, 2015. Mr. Villafranco’s session, entitled “The Current And Future State Of Advertising Self-Regulation,” will feature the findings of an antitrust law working group formed to examine self-regulation in the advertising industry. The program … Continue Reading

NAD Says Online Reviews Don’t Support “Most Recommended” Claim

Last week, in a case of first impression, the NAD determined that reviews collected from retailer websites were insufficiently representative or reliable to support a broad “America’s Most Recommended” claim. The claim was made by Euro-Pro, who advertised that its Shark vacuum was “America’s Most Recommended Vacuum.” The ads disclosed that the claim was based … Continue Reading

Association of National Advertiser’s Advertising Law & Public Policy Conference – April 23-24

Join Partner John Villafranco at the Association of National Advertisers’ Advertising Law & Public Policy Conference in Washington, DC on April 23-24.  Mr. Villafranco’s session, entitled “Class Actions and a Collision with the NAD,” will explore the developing interaction between litigation and self-regulation, with particular emphasis on the rise in consumer class actions and CLRA … Continue Reading

Audio Conference Event: Tips for Reducing Class Action Litigation Risk following Regulatory Enforcement

The number of consumer class actions filed following regulatory enforcement by the FTC, FDA, or NAD have skyrocketed in recent years.  Consumer products companies – particularly food, dietary supplement, and cosmetic manufacturers – now must consider not just how to respond to a federal or state regulator who is seeking information about their marketing campaign, … Continue Reading

NAD Addresses Disclosures in Native Ads

As part of its monitoring program, the NAD recently reviewed an editorial in Shape Magazine that promoted the benefits of certain SHAPE-branded products. The NAD was concerned that promoting the products in that format could blur the line between editorial content and advertising in a way that could confuse consumers. As we’ve noted before, the … Continue Reading

Advertising Law for Dogs

We’ve previously discussed principles to consider when advertising foods, drinks, and supplements. A decision issued by the NAD last week gives us an opportunity to see how those principles play out in ads for pet supplements. In that case, the maker of Greenies dental treats for dogs challenged various health-related claims made by the makers … Continue Reading