In February, we posted that the Children’s Advertising Review Unit (or “CARU”) was in the process of updating its Guidelines for ads directed to children. The Guidelines had last been updated in 2006, and advertisers often struggled to figure out how to apply them in an advertising landscape that had dramatically changed since then.
The
Earlier this year, Prose – a company that makes customized haircare products – brought an NAD challenge against Function – a competitor in the same business – over Function’s claims that it had over 110,000 5-star product reviews. We posted about that decision in March. This week, NAD announced a decision in a challenge
Last week, NAD announced a decision involving a series of AT&T Fiber ads that holds important lessons for companies that make comparative performance claims.
Each of the ads depicts a funny scene in which a cable user is unable to perform a basic task. For example, in one ad, a mother sits in front of
Earlier this month, the nonprofit Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company falsely and deceptively represents itself as “a sustainable and environmentally friendly company, despite being one of the largest contributors of plastic pollution in the world.”
These types of lawsuits aren’t new. As more companies have started to develop
In recent years, plaintiffs’ attorneys have found that filing website accessibility cases can be a lucrative business model. By doing a quick scan of a website and then copying and pasting from other complaints, these attorneys can file a complaint with minimal effort. Because the legal requirements in this area are murky and settling is
When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that’s where regulators have focused most of their attention in recent years. But that’s not where a company’s obligations stop – companies also need to take
Function claimed that it had “over 110,000 5-star product reviews” for its hair care products, the majority of which come from its “shampoo and conditioner” category. A competitor filed an NAD challenge pointing out that the total number of 5-star reviews across all product categories was only 63,831. So how did Function get to 110,000?
As part of its routine monitoring program, NAD asked ACT to provide substantiation for statements the company made online about its standardized college entrance test. NAD was concerned about whether ACT sufficiently disclosed the likelihood of cancellations due to COVID-19 and statements about test center availability. The decision is interesting because it sheds light on
The American Association of Orthodontists ran a series of social media ads for Happy Mouth Now, a fictional teledentistry company, which showed consumers struggling with the company’s products. The ads are funny, unless you work for a non-fictional teledentistry company, in which case you’d likely choose another adjective to describe them.
SmileDirectClub challenged the ads
This week, NAD released five tips on influencer marketing. Here are the tips, followed by some of our own observations.
1. When working with influencers or incentivizing consumers to review your product, you may be responsible for the content of their posts.
As we’ve noted in the past, if you work with an influencer
