NAD

Subscribe to NAD

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…

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:…

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”…

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…

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…

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,…

We frequently get questions about whether companies can be held liable for claims that appear in consumer reviews. Although it’s clear that there are instances in which a company can be held liable if it has a connection to the person who wrote the review, it has been less clear to what extent a company…

The Federal Trade Commission has long supported advertising industry self-regulation as a means of promoting truthfulness and accuracy in advertising. One of the key aspects of this success has been threat of referral to the FTC: Advertisers that refuse to participate in the self-regulatory process or refuse to comply with recommendations after participating are referred…

Last Friday, our friend August Horvath of Foley Hoag presented at an Advertising Self-Regulatory Council (ASRC) conference on consumer perception surveys.  Among the many interesting observations made by August were the following:

  • Over a 5+ year period, June 2013 to present, only 36 cases or 8 percent of total NAD cases, included reference to a

…