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NAD False Advertising Federal Trade Commission (FTC)

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

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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

Kilpatrick

Greener Pastures—Or Just Greener Claims? NAD Clarifies the Line for Boxed Water’s Wide-Ranging Green Claims

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Can you really say your product is “better for the planet”—or does that claim need a compostable disclaimer? In a sweeping decision on Boxed Water’s green marketing, the NAD once again clarified the boundaries for...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

Kelley Drye & Warren LLP

Can Companies Use ​“Mass Balance Accounting” to Substantiate Green Claims?

The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a...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

Dorsey & Whitney LLP

Tips on How to Shape Up Your Influencer Advertising Program: The NAD Reviews Skims’ Instagram Posts for Proper Disclosures

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For years now we’ve been blogging about how much the FTC and even the SEC on occasion love scrolling Instagram posts to see what influencer are up to. This post is about another three letter organization who likes to scroll...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

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

Venable LLP on

Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....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

BakerHostetler

Chocolate Cases Worth Melting For

BakerHostetler on

It’s time for my favorite time of the year, when all the Valentine’s Day candy goes on sale! In honor of this sugary sweet clearance sale, I wanted to recap some of our favorite NAD chocolate cases. So whether you like milk...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 2

"Seek" and You Shall Find … That the FTC Is Closely Watching Potentially Deceptive Claims Designed To Entice Small Businesses - The FTC alleges that a company marketing itself as a leading provider of startup business...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

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

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Kelley Drye & Warren LLP

Ad Law News and Views - August 2024

IN THE NEWS AND LATEST UPDATES - Get these and other stories in real time when you subscribe to the Ad Law Access blog here or visit the Advertising and Privacy Law Resource Center here....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

BakerHostetler

[Podcast] AD Nauseam: Product Demonstrations: Does It Really Work That Way?

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On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 9

NAD Endorses Compliance With FTC Guide Requirements for Experts - Endorsements: Love them or hate them (and social media does love them so), they are subject to ever-increasing regulatory scrutiny, and compliance isn't...more

Kelley Drye & Warren LLP

Ad Law News and Views - April 2024

IN THE NEWS AND LATEST UPDATES - NAD Recommends More Prominent Disclosures on Influencer Posts - Crème Fatale is a drag artist who is famous for her baby-doll looks and pastel-colored skin....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 8

Wonderbelly Antacid's Influencer Marketing Leaves NAD with a Bad Taste - The National Advertising Division (NAD) recently addressed a challenge involving Wonderbelly Antacid, an emerging brand in the antacid market,...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more

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