Category Archives: Disclosures

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Advertisers Going Native May Be Restless for FTC Input but NAD Gives Some Guidance

There is much anticipation for the FTC’s December 4 workshop on native advertising.  We learned that while the FTC was considering delaying this workshop several weeks due to the recent shutdown, they are planning to go forward as scheduled.  Advertisers looking to move beyond a mundane brand webpage, Facebook page, and the banner ad and … Continue Reading

Continued CFPB Scrutiny of Credit Card Market; Focus Turns to Disclosures

CFPB Scrutinizes Credit Card DisclosuresThe credit card market continues to be high on the Consumer Financial Protection Bureau’s hit list.  As noted in prior blog posts, the CFPB is focused intently on advertising and marketing of financial products and services.  Because large advertising dollars are spent on credit card marketing, card issuers need to proceed with caution. So far, … Continue Reading

Who Are the People in Your Neighborhood? FTC Settles with Two Local Car Dealers

The FTC’s recently announced settlement with local car dealers in suburban Washington, D.C. and Cleveland, Ohio illustrate two important points. First, who are the people in your neighborhood?  Do they include FTC employees, because they are consumers too.  (And if your kids have all just left for college and you’re feeling nostalgic, click here.) Now … Continue Reading

Disclosure in #1 Tinted Moisturizer NAD Case Not the Right Match

The NAD has a history of closely scrutinizing advertisements that include #1 claims to ensure consumers are receiving complete and accurate information.  #1 claims under NAD’s view are not puffs but convey the message that a product is the bestselling brand in the United States, unless other appropriately qualifying information is provided. Typically, when an … Continue Reading

FTC Wants Marketers to Get In Line with Online Disclosures: Revisions to Dot.Com Guidelines (and Your Chance for FTC Q&A)

The FTC issued revised guidance for .com disclosures earlier this week and while the agency didn’t particularly break any dramatic new ground they did continue a trend of offering more specific guidance and examples. The new guides focus on several key points.  While this would no longer be a blog if we discussed them all … Continue Reading

Chasing Rewards with Your Credit Card? NAD Opines on Rewards Programs

After a summer of Chase challenging competitors left and right over credit card rewards ads (see here), Discover decided to fight back.  (Since NAD does not allow counter claims the only recourse for an Advertiser is to file a separate complaint against a Challenger.) Discover said Chase’s campaign falsely disparaged its cash back reward program … Continue Reading

Pity The Poor Disclaimer

It’s been a tough few years for disclaimers. First the FTC came out with its revised Endorsement Guides and said that the “results not typical” disclaimer just didn’t cut it anymore. Earlier this year the FTC settled an energy savings case with window manufacturers and followed it up with a study that called into question … Continue Reading

You Could Have Heard A “Pin” Drop When NAD Rules Against Nutrisystem Social Media Use

Social media sites have been a boon for brand marketers over the past several years, and one of the latest big trends in social media – – has generated buzz from a growing number of marketers as well as consumers. Pinterest users can “pin” images, including those from other websites, to the user’s “pinboard”. Users … Continue Reading

UK Self-Regulatory Body Holds That Exclusions Should Be More Prominent

Editors’ Note: In the UK the advertising industry is a self-regulating industry, the regulatory body for which is the Advertising Standards Authority (the “ASA” ). The ASA adjudicates complaints that are brought against advertisers on the basis of the Code of Advertising Practice (the “CAP” code). Challenges on the basis of the code can be … Continue Reading