Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims that Align made about its own teeth aligners. After the dust settled on these cases, neither company was left smiling. Although the cases cover
NAD Releases Fast-Track SWIFT Process
Last week, NAD launched a new, expedited process that will allow companies to challenge advertising claims made by competitors and get a decision within weeks as opposed to months. The process, “Single Well-defined Issue Fast Track” or “SWIFT” is limited to single-issue cases, condenses and simplifies the standard NAD timeline and process, and is slightly
NAD Decision Addresses Product Comparisons
This month, NAD announced a decision involving T-Mobile’s ads for its TVision service. The service currently allows subscribers to watch TV over a wired broadband connection, though T-Mobile plans to offer wireless technology in the future. The decision covers a lot of ground, but we’ll focus on some key points related to product and feature
NAD Announces New Filing Fees
NAD announced that that they are making changes to their filing fees, effective January 1, 2020. The new fees will be as follows:
- Under $250M: $10,000
- National Partner: $25,000
- Under $5B: $30,000
- Over $5B: $35,000
- NARB: $25,000
The first category (under $250 million) is a new one, designed to encourage participation from small businesses and
NAD Smells Problems in Scented Oil Tests
This week, NAD issued a decision in a case involving a commercial for Air Wick Scented Oil that includes some valuable lessons about claim substantiation.
One version of the commercial starts with a family of four engaged in various activities while crowded into a small corner of an otherwise empty living room. A voiceover states:
“Puerto Rico’s Favorite Pasta” Is Not NARB’s “Favorite” Claim Without Substantiation
The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “La Pasta Favorita de Puerto Rico” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not puffery and that it required substantiation. As we summarized here, NAD previously determined that use of the term “favorite”
New NAD Decision Addresses Incentivized Reviews
NAD recently announced a decision involving Pyle Audio’s campaign to generate reviews for its NutriChef brand vacuum sealers. When consumers received their products, they would find a card promising them two rolls of vacuum sealing bags in exchange for leaving a review on Amazon.com. Near that promise, the card included the words “love this” and
NAD 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? Not necessarily. A recent NAD decision explains why.
A competitor challenged TaxSlayer’s claim that it was “#1 Rated in the Tax Prep Software Category on Trustpilot.” NAD started its decision with a
The Ad Law Access Podcast Now Available in Apple Podcasts
Kelley Drye & Warren LLP 
announced the launch of the Ad Law Access podcast – a new podcast from its advertising law and privacy law groups. Hosted by Kelley Drye attorneys, including Christie Grymes Thompson, Alysa Hutnik, John Villafranco, Gonzalo Mon, and Kristi Wolff, the podcast provides updates on advertising and policy law trends, issues,
NAD Opines on “Favorite” Claims
The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which side of the line a claim belongs. When the Eighth Circuit held in 2004 that “America’s Favorite Pasta” was puffery, many people were surprised and