Bryan Wolin

Bryan Wolin

Kilpatrick

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NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

7/1/2025  /  Advertising , Celebrity Endorsements , Consumer Product Companies , Endorsements , False Advertising , FTC Endorsement Guidelines , NAD , Regulatory Requirements

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

6/12/2025  /  Advertising , Disclosure Requirements , Endorsements , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media , Unfair or Deceptive Trade Practices

5 Key Takeaways | Advertising Counseling, Substantiation, and Disputes 101

Kilpatrick hosted a webinar on May 8, 2025, focused on advising lawyers about the legal issues involved with advertising claim substantiation and handling advertising disputes. The event featured Kilpatrick lawyers Barry...more

5/12/2025  /  Advertising , Class Action , Consumer Protection Laws , Dispute Resolution , False Advertising , Litigation Strategies , Marketing , NAD

LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions [Video]

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

4/30/2025  /  Advertising , Celebrity Endorsements , Disclosure Requirements , Endorsements , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions

Kevin Hart may know how to land a punchline, but the National Advertising Division (“NAD”) recently reminded him that when it comes to influencer endorsements, the only thing that should be subtle is the humor—not the...more

4/10/2025  /  Advertising , Celebrity Endorsements , Disclosure Requirements , Enforcement Actions , False Advertising , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

Are Your Ads Sending the Wrong Message? Lessons from Total Wireless

The National Advertising Division (“NAD”) recently took Total Wireless, a prepaid brand under Verizon, to task for a TV commercial that blurred the lines between two separate offers, leaving consumers potentially confused....more

3/28/2025  /  Advertising , Consumer Protection Laws , Disclosure Requirements , False Advertising , Marketing , Misleading Statements , NAD , Transparency , Unfair or Deceptive Trade Practices

Beef Between Meat Stick Manufacturers Leads to Withdrawn Environmental Benefit Claims, Substantiated Sourcing Claims

The National Advertising Division (“NAD”) resolved a beef between makers of competing meat stick products, Link Snacks Inc. and We Are The Chompions, LLC (“Chomps”). Link Snacks challenged Chomps’ non-specific carbon neutral...more

3/12/2025  /  Advertising , Consumer Protection Laws , Environmental Claims , Environmental Policies , False Advertising , Federal Trade Commission (FTC) , FTC Act , Green Guides , NAD , Unfair or Deceptive Trade Practices

NAD 2024 Annual Report – Key Takeaways

The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which...more

2/27/2025  /  Advertising , Artificial Intelligence , Cosmetics , Fake Reviews , Federal Trade Commission (FTC) , Influencers , Marketing , NAD , Unfair or Deceptive Trade Practices

NAD Rejects Substantiation for "SolaWave Advanced Skin Care Wand" in Monitoring Decision

The National Advertising Division (“NAD”) issued a new decision with helpful guidance for advertisers making performance claims about skincare products. NAD’s review of advertiser SolaWave’s substantiation for a wide range of...more

2/21/2025  /  Advertising , Advertising Substantiation , Consumer Protection Laws , Cosmetics , Federal Trade Commission (FTC) , NAD , Popular , Unfair or Deceptive Trade Practices

NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale

A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more

5/23/2024  /  Advertising , Food Labeling , Food Manufacturers , Marketing , NAD

T-Mobile NAD Challenge of Charter Advertising Results in Referral to FTC Upon Charter Declining to Participate

The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those...more

3/27/2024  /  Advertising , Federal Trade Commission (FTC) , NAD , T-Mobile

New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote...more

3/26/2024  /  Advertising , Endorsements , FTC Endorsement Guidelines , Influencers , Marketing , NAD , Social Media

New York Attorney General Has Beef With Meat Company's Aspirational Green Advertising Claims

New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more

3/13/2024  /  Advertising , Environmental Claims , Green Marketing , Marketing , NAD , NARB

Sensory Advertising Claims: Whether it’s More Comfy, Smells Worse, or Tastes Better, Back Up the Claim with Data

Better taste. More authentic smell. Covers up odor better. More comfortable fit. These kinds of human-sense-based advertising claims are potent advertising tools, but pose difficult challenges for advertisers to prove and...more

5/18/2021  /  Advertising , Marketing , NAD
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