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Comparative Advertising Disclosure Requirements Endorsements

Kilpatrick

“Up To” Claims, Superiority Claims Versus Unnamed “Leading Brand,” and Influencer Disclosure Obligations

Kilpatrick on

The National Advertising Division (“NAD”) issued a new decision addressing a number of basic advertising law staples: “up to” claims, comparative superiority claims, and apples-and-oranges comparisons....more

Kelley Drye & Warren LLP

NAD Considers Material Connection Disclosures on LinkedIn

Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more

Kelley Drye & Warren LLP

NAD Decision Provides Guidance on Disclosures for Endorsements

NAD recently issued a decision in a challenge that Bath & Body Works (or ​“B&BW”) brought against Goose Creek that touches upon a number of common issues advertisers face. The decision covers a lot of ground, and yesterday we...more

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