Category Archives: NAD

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“UP TO” NO GOOD

A recent NAD decision provided an opportunity for NAD to once again opine on the standard for performance-related “up to” claims – this time related to energy efficiency.  As even infrequent readers of the blog are aware, this is a popular topic and one we’re prepared to talk about more often than Disney releases a … Continue Reading

Coffee Talk with Lee Peeler: Self-Regulatory Process and Key Changes to NAD’s Procedures

Lee Peeler has had a remarkable career. Currently he is President of the Advertising Self-Regulatory Council, which among other things oversees the NAD and CARU. Prior to that he was Deputy Director of the FTC’s Consumer Protection Bureau and an Associate Director of its Advertising Practices Division. And to top it all off, anyone who … Continue Reading

Soup Competitors Stir the Pot on Local Sourcing Claims at NAD

With the popularity of the eating local movement, it’s no wonder food companies want to promote when they do business with local farmers or have small batch local operations. NAD recently provided some guardrails for such claims in a case involving General Mills. Its Progresso Soups tout “Vineland, New Jersey: Home of Progresso” and “This … Continue Reading

CoffeeTalk on Native Advertising with FTC Commissioner Brill

Coffeewadlawyers1We like drinking coffee; thoughtful conversations with friends and watching videos so we thought why not do all three. Below is the first of periodic vlogs that we hope to bring to you – FTC Commissioner Brill sharing some good coffee, good company and some thoughts on Native Advertising and whose shoes she tries to walk in when parties … Continue Reading

Not Your Mother’s Red Solo Cup

We have sometimes described finding materials that will quickly biodegrade in landfills as the Holy Grail of environmental marketing.  But who would have guessed it would come in the form of a polystyrene cup? Well, not exactly, the NAD cautioned in a recent decision.  New Win Cup Holdings marketed the Vio cup, which it claimed … Continue Reading

The FTC Awakens: Native Advertising Enforcement Statement Out Just in Time for the Holidays

It’s been a big week for premieres. And if you thought you sensed a disturbance in the Force then the Force is indeed strong with you as the FTC just released their Enforcement Policy Statement on Deceptively Formatted Advertisements and Business Guidance on Native Advertising. A long time ago, in a conference room far, far … Continue Reading

NAD Sure Don’t Like Those Christmas Cookies Babe

Well not exactly.  They do not care for Indonesia Butter-Flavored Cookies labeled as Danish Butter Cookies.  But it gave us an opportunity to share one of our favorite country Christmas songs from George Straight with our dear readers: We blogged about this case when it came out this summer.  The NAD recommended the company discontinue … Continue Reading

Under the Influence

As Uncle Ben once said, “With great power comes great responsibility.”  But Peter Parker had to learn the hard way, and marketers and social influencers sometimes need to as well.  Well-known influencers can come from anywhere – some have big screen starts, others are video game superstars, and still others are makeup geeks.  Some even … Continue Reading

Broadening Your Self-Regulatory Options – 2 Sheriffs in Town

The Advertising Self-Regulatory Council operates several self-regulatory programs including CARU, NAD and ERSP.  Traditionally these have been thought of as distinct programs – CARU regulates marketing to children, ERSP regulates companies that market and sell their products electronically while NAD oversees most traditional national advertisers.  While this compartmentalization is largely true, there is some overlap … Continue Reading

NAD/NARB Rule Changes Announced at NAD Law Conference

As we continue to blog from the NAD/CARU Annual Advertising Law Conference, there was big news about significant changes to the NAD challenge and review process, which will be reflected in changes to their existing procedures.  The changes arise from a review of the self-regulatory process and a resulting report done through the ABA Antitrust … Continue Reading

Survey Says: NAD Panel Weighs in on Surveys

In contrast to a general emphasis on new data and new claims at the 2015 NAD conference, NAD staff attorneys, advertising lawyers, and survey experts took the time to weigh in about the emphasis NAD will continue to place on traditional best practices of consumer surveys for claim substantiation or challenge.  Although online surveys programs … Continue Reading

A Conversation about Native Advertising, Editorial Integrity, and Brand Reputation

If there is one takeaway from yesterday’s panel on native advertising, it’s that sponsored content is not going anywhere in the foreseeable future.  Although NAD has talked about it before, the FTC has held a workshop to address it, and of course, we’ve blogged on it, native advertising is still a hot topic.  Native advertising, … Continue Reading

Getting Claim Substantiation Right

More, almost live blogging, from the NAD conference.  During the mid-morning hours yesterday, the conference group focused on strategies to get their claim substantiation right.  The panel of Kat Dunnigan (NAD); Rebecca Bliebaum (Tragon Corporation); Jay Goldring (Boots Retail USA, Inc); Spring C. Potoczak (Novartis Consumer Health, Inc.); and moderated by David Mallen (Loeb & … Continue Reading

The Absolute Best Puffery Panel Ever!

There is one phrase that sums up yesterday’s panel on puffery—puffery is f@#$*&% great.  The panel started with a bang by jumping right into a video advertisement for dollar shave club where CEO and panelist Michael Dubin informed the audience (and the world) that the blades offered by dollar shave club are not good, they … Continue Reading

Humor and a Heartthrob Cannot Save the Day at NAD in False Disparagement Case

In contrast to the Dollar Shave case we wrote about recently, NAD and NARB recently gave us an example of a case they found to be falsely disparaging, notwithstanding the humor and hyperbole throughout. Everyone can agree that the DirecTV Rob Lowe ads (and their new series with Tony Romo) are hilarious. Rob Lowe is in all … Continue Reading

Live From New York, It’s …The NAD Annual Conference

Well, not quite live.  This week we’ll be providing updates from the NAD Annual Conference, which kicked off today in New York.  The keynote address was given by  FTC Commissioner Julie Brill, who reminded the audience that while the advent of the internet age and social media has radically changed how advertisers market their products and … Continue Reading

NAD Finds Something Fishy With Claims That Contradict

In a CRN challenge, NAD recently reviewed claims for Omega XL, an omega-3 fatty acid supplement, sourced from mussels rather than fish. The supplement was backed with lots of science, including product specific testing. So much so that NAD upheld the strong claim that it was “supported by over thirty years of clinical research.” So … Continue Reading

Court Grants Class Cert. in Deceptive Pricing Action Against Clothing Retailer

We all love a good bargain, but sometimes a good deal seems too good to be true.  In 2011, Cynthia Spann went bargain-hunting at a California J.C. Penney, and walked out convinced that she had saved over 30%.  However, she later discovered the products she bought at a “bargain” price had never really been sold … Continue Reading

When Your Brand Name is a Claim—NAD Cleans and Straightens Without Support from Advertiser

There is lore that the beauty industry does not challenge itself sufficiently before NAD, and for this reason NAD brings more monitoring challenges in this area. After the recent decision in a case brought by Unilever, we would not be surprised if we see more competitor challenges in this area. And advertisers on the receiving … Continue Reading
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