Money-back guarantees can often be subject to detailed terms and conditions. When advertising those guarantees, clients often ask us how much has to be disclosed in an ad itself, versus how much can be disclosed on a landing page. Although there isn’t a bright line rule, a recent NAD challenge sheds light on what practices
Top Advertising Law Developments in 2022
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider what they might mean for the future.
- Dark Patterns: Any practices that could manipulate or mislead
NAD Reviews Blue Apron’s Easy Cancelation Claims
Programs that automatically renew have been under a lot of scrutiny lately. Although the focus of scrutiny has often been on how people sign up, both regulators and plaintiffs’ attorneys have also been paying attention to how people cancel. (Click here and here, for example.) A recent decision from the NAD shows that they’re
NAD Takes Strict View of Green Claims
In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those posts, the decisions may have turned out differently if the cases had been heard by NAD. A new decision
NAD Worries Consumers May Take Megan Thee Stallion Too Seriously
Imagine that Megan Thee Stallion told you that by investing as little as $1 in Bitcoin, with her
knowledge and your hustle, “you’ll have your own empire in no time.” Would you think that $1 is all you need to amass a fortune? No, I wouldn’t either. What if Megan was stacking shiny bars of
NAD Decision on Debt Claims Holds Lessons Across all Industries
This week, NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt settlement space, the decision also holds some important lessons for companies that operate outside of that space. We’ll focus
NAD (Still) Doesn’t Trust Trustpilot Reviews
If a review site ranks your product as the top in a category, can you advertise that you’re “number 1” in that category? The answer may not be as simple as it seems, and two NAD cases – one from three years ago and one from last month – demonstrate why companies can’t simply rely
When Monsters Cross a Line (Claim)
For centuries, monsters have been vilified in countless books and films. Although the bad reputation that monsters have earned is generally well-deserved – they do, after all, frequently hurt people, destroy things, and otherwise cross the line of what’s socially acceptable – it’s important to keep in mind that some monsters are actually a lot
NAD Decision Holds Lessons for Developing Test Protocols
If you want to advertise that your product performs better than a competitor’s product, you’re likely going to have to run tests to substantiate that claim. In some cases, there may be industry standard tests that could help take the guess work out of designing a protocol. In absence of an industry standard test, though,
NAD Advises Better Disclosures for #1 Claim
Twilio advertises that its customer data platform is the “#1 CDP” and discloses that the claim is based on 2020 market share, as measured by the International Data Corporation. Adobe challenged the claim, arguing, in part, that the 2020 IDC Report doesn’t reflect the current landscape and, even if it did, that Twilio’s disclosures were