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IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

IMS Legal Strategies on

Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

BakerHostetler

[Podcast] AD Nauseam: Phyllis!

BakerHostetler on

In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 9

Court in Crisco "Butter" False Ad Nixes Overbroad Proposed Classes - Despite surviving two motions to dismiss, an Illinois plaintiff alleging that Crisco falsely advertised its cooking spray as containing butter couldn't...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 8

New York State Bill Aims To Take a Bite Out of Junk Food Ads for Kids - New York state lawmakers recently introduced a bill to restrict false and misleading advertising of "junk" food to children. They say the purpose of...more

Holland & Knight LLP

Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement

Holland & Knight LLP on

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta delves into the shifting landscape of consumer protection regulation amid significant policy and administrative changes at federal...more

Venable LLP

Key Takeaways from Venable’s 11th Annual Advertising Law Symposium

Venable LLP on

Venable’s Advertising and Marketing Group hosted its 11th Advertising Law Symposium at our offices in Washington, DC on March 20. The symposium brought together both business and legal professionals, including in-house...more

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

Venable LLP on

The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

Kilpatrick

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

Kilpatrick on

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

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 5

FTC Continues Junk Fee Quest With Lawsuit Targeting Largest Rental Manager - In its quest to police what it considers to be junk fees, the Federal Trade Commission (FTC) has joined forces with Colorado's Attorney General...more

Kelley Drye & Warren LLP

NAD Holds Celebrity Social Media Posts Need Disclosures

Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote ​“when a significant minority of the audience for an endorsement does not...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

Kelley Drye & Warren LLP

NAD Decision Addresses Gifting to Influencers

Revolve is an e-commerce fashion brand that relies heavily on influencers to promote its products. Some of those influencers promote the products pursuant to agreements with the company, while others promote the products as...more

BakerHostetler

NAD Keeps It Real: Recommends Modification of Reality TV Ambassadors’ Posts to Clearly Disclose Material Connection to Clothing...

BakerHostetler on

The National Advertising Division (NAD) of the Better Business Bureau is just like us! They seem to watch “Love Island” and maybe even “Too Hot to Handle” (#blushing) if the latest news is any indicator....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 3

FTC's Final Junk Fees Rule Narrowed in Scope - On December 17, 2024, the Federal Trade Commission (FTC) released its final Rule on Unfair or Deceptive Fees, commonly known as the "Junk Fees Rule." This final rule has a...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 1

Survey Says … NAD Finds Realtor.com Claims Supported by Survey Despite Industry Changes - The National Advertising Division (NAD) recently weighed in on the question of whether recent changes in the real estate industry...more

Kelley Drye & Warren LLP

NAD Decision Addresses Content Creators on TikTok

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

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