Category Archives: NAD

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New NAD Decision Addresses Affiliate Links

By Gonzalo E. Mon on Posted in NAD, Native Advertising
As part of its routine monitoring, the NAD requested substantiation for various statements that a BuzzFeed staff member had made about a moisturizer in one of the site’s shopping guides. The NAD’s decision in the case sheds some much-needed light on various issues related to affiliate marketing. BuzzFeed explained that the shopping guides include product … Continue Reading

NARB Filing Fees to Increase this Month

By Gonzalo E. Mon on Posted in NAD
Advertisers who lose a challenge at the NAD automatically have the right to appeal the decision to the National Advertising Review Board (or “NARB”). Challengers who lose may also request an appeal, but the appeal is not automatic – it must be approved by the NARB Chair. Although appeals from NAD decisions are relatively rare … Continue Reading

NAD Sheds Light on Comparisons Against “Regular” Products

By Gonzalo E. Mon on Posted in NAD
Advertisers who want to tout the comparative advantages of their products have a number of options for framing those comparisons. For example, they can compare their products to specific products, they can compare their products to defined categories of products, or they can more vaguely compare their products to “regular,” “ordinary,” or “other” products. Although … Continue Reading

New NAD Decision Highlights Key Ad Law Principles

By Gonzalo E. Mon on Posted in NAD
Yesterday, we posted an interview with Laura Brett, the Director of the NAD, in which Brett discussed various issues, including how the NAD is evolving, how Brett sees herself as different from her predecessor, and how the NAD decides cases. Today, we’ll take a brief look at one of those cases that involves a perennial topic … Continue Reading

A Peek Into The World Of NAD Director Laura Brett

By Jennifer Fried on Posted in Advertising, NAD
Laura Brett became the director of the National Advertising Division in August 2017. Law360 published a Q&A session with special counsel Jennifer Fried and Laura Brett that provides insight into the NAD, what we can expect in the upcoming years, Laura’s approach as the NAD director, recent noteworthy cases, the NAD’s deliberative process, and much more. To … Continue Reading

NAD Inhibits Growth of Bacteria (Claims)

By Gonzalo E. Mon and Joseph Green on Posted in NAD
The NAD recently analyzed whether Petmate had adequate substantiation to support claims that certain cat litter pans had “built-in antimicrobial protection” and that they could “inhibit bacteria growth.” Although the decision is most directly relevant to companies that make antimicrobial claims, it also contains information that’s relevant to any company that uses tests to substantiate … Continue Reading

Happy Chickens in a Line (Claim)

By Gonzalo E. Mon on Posted in NAD
The NAD recently announced a decision in which it analyzed whether consumers would interpret claims in two commercials about Perdue’s happy chickens and organic practices to apply to all of the company’s chickens or only some of them. Even if you aren’t trying to measure the satisfaction of your own poultry, the decision includes some … Continue Reading

When Monsters Exaggerate

By Gonzalo E. Mon on Posted in NAD
The Grim Reaper, a mummy, a mad scientist, and a werewolf are riding together on a train after work. No, that’s not the start of a joke, but it is the start of a funny commercial for Spectrum TV. The four characters talk about their weekend plans, as a light rain pelts the train’s windows. … Continue Reading

Think Your Prescription Drug Advertising is Beyond NAD’s Purview? NAD Disagrees.

By Kristi Wolff on Posted in Advertising, mHealth, NAD
Those of us who spend our days at the intersection of law and advertising of health products generally accept that the prescription drug world is a universe unto itself, overseen by the FDA pursuant to the Prescription Drug Marketing Act. As prescription drug companies have increased their direct-to-consumer outreach through social media, native advertising, and … Continue Reading

2017 Recap

By Kelley Drye on Posted in ADA, Advertising, Advertising Litigation, Class Actions, Consumer Product Safety, Consumer Protection, Federal Trade Commission, Kelley Drye, NAD, Native Advertising, Privacy and Information Security, Promotions, Regulatory Developments, Social Media, State Attorneys General
Most Popular Ad Law Access Posts of 2017 As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular: New Lawsuit Highlights Risks of Using User-Generated Content FTC Announces $1.3 … Continue Reading

NAD Addresses “Best Selling” Claims

By Gonzalo E. Mon on Posted in Advertising, NAD
Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first claim explained that the claim was based on NPD data from July 2015-June 2016, and a disclosure linked to the … Continue Reading

Laura Brett Named New Director of NAD

By Christie Grymes Thompson, John E. Villafranco and Jennifer Fried on Posted in Advertising, NAD
More than a month after the retirement of former NAD Director Andrea Levine, the Advertising Self-Regulatory Council (“ASRC”) has announced NAD’s new Director: Laura Brett. Laura Brett, who has served as NAD’s Assistant Director since 2015, joined NAD in April of 2012. During her five years at NAD, Laura has authored several seminal decisions including … Continue Reading

NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims

By Kelley Drye on Posted in Dietary Supplements, NAD
The National Advertising Division of the Better Business Bureaus, a self-regulatory body that polices national advertising, recently gave an a-OK to certain dietary supplement immunity claims. The action was initiated under NAD’s partnership with the Council for Responsible Nutrition against dietary supplement maker Olly Public Benefit Corporation.  CRN requested that NAD determine whether Olly had … Continue Reading

NAD Director Andrea Levine Retiring After 20 years

By Kelley Drye on Posted in NAD
ASRC 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

By Kelley Drye on Posted in Advertising, Antitrust, Class Actions, Consumer Protection, Dietary Supplements, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission, Food and Drug, Kelley Drye, Legislative Developments, NAD, Privacy and Information Security, Regulatory Developments, Social Media, State Attorneys General
Did 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

By Gonzalo E. Mon on Posted in NAD, 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

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please 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

By Gonzalo E. Mon on Posted in Advertising, Fashion and Retail, NAD
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

By John E. Villafranco and Jennifer Fried on Posted in Advertising, Federal Trade Commission, NAD, Regulatory Developments
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

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Dietary Supplements, Enforcement, Federal & State Regulatory, Federal Trade Commission, Food and Drug, Green Marketing, Internet of Things, Kelley Drye, Legislative Developments, Made in USA, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Promotions, Real Time Marketing, Regulatory Developments
There is no excerpt because this is a protected post.

NAD Revisits Crowd-Sourced Substantiation

By Gonzalo E. Mon on Posted in NAD, Reviews
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

By Gonzalo E. Mon on Posted in NAD, Native Advertising, 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
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