News & Analysis as of

Advertising Substantiation NAD

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 12

Plaintiff Scraps False Ad Suit Claiming Joe Rogan's "Alpha Brain" Deceives Consumers - So long, Alpha Brain false advertising lawsuit—we hardly knew ye. And now that the parties in the lawsuit alleging that controversial...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

Rascals advertises that the Hydrolock Core in its diapers ​“holds up to 25 x its weight” and ​“absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more

Kelley Drye & Warren LLP

NAD Considers Whether ​“Best Practices” are Really the Best Practices

The Certified Angus Beef organization (or ​“CAB”) is a nonprofit organization that certifies high-quality Angus beef. CAB encourages beef producers to participate in the Beef Quality Assurance (or ​“BQA”) program, claiming...more

Kilpatrick

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

Kilpatrick on

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

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 11

Plaintiff Says Splenda 100% Natural Ad Claims Leave a Bitter Taste - A class action lawsuit accuses the makers of Splenda Naturals Stevia, a sugar alternative, of misleading consumers with the claim that the product is...more

Kelley Drye & Warren LLP

NAD Determines a Money Back Guarantee Conveys Performance Claim

The Princeton Review advertises its MCAT preparation courses with the following copy: ​“Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.” Blueprint Test Preparation...more

Kilpatrick

5 Key Takeaways - Hot Topics in Advertising Claim Substantiation

Kilpatrick on

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a continuing legal education program alongside Laura Brett, head of the National...more

Davis Wright Tremaine LLP

A Dream Is a Wish Your Heart Makes: Aspirational Claims in Advertising Can Be Misleading, Too

The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

American Conference Institute (ACI)

[Event] 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claim Substantiation - February 9th - 10th, New York, NY

Hosted by American Institute, the 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation returns for another exciting year with curated programming that shines a spotlight on finding solutions...more

BCLP

Anti-Aging Litigation

BCLP on

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Dorsey & Whitney LLP

Brand Names as False Advertising and Other Lessons on Comparative Product Testing

Dorsey & Whitney LLP on

In theory, a product brand name can communicate a false advertising message, but it doesn’t happen often in practice. Such an instance was found to have occurred according to a recent decision by the National Advertising...more

Proskauer - Advertising Law

Follow Instructions For Use Carefully: NARB Affirms Clorox Advertisement Is Unsubstantiated

A recent National Advertising Review Board (“NARB”) decision reminds advertisers to adhere to a fundamental principle of product testing: competing products should be tested in accordance with their usage instructions to...more

Proskauer - Advertising Law

Can You Hear Me Now? NAD Finds Scientific Evidence Insufficient to Support Dietary Supplement’s Claims of Ear Discomfort Relief

Clarion Brands, LLC recently received an earful from the National Advertising Division (“NAD”) about its marketing of the dietary supplement Lipo-Flavonoid Plus. Clarion had been marketing Lipo-Flavonoid Plus with advertising...more

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