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Advertising Law Blog
The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Showing 27 posts in NAD.
NAD SWIFT to Allow Implied Claim Challenges
The National Advertising Division’s (“NAD”) streamlined Fast-Track SWIFT (Single Well-Defined Issue Fast Track) process is an expedited process by which single-issue truth in advertising claims in national advertising may be reviewed and assessed. The popularity of SWIFT challenges, which are structured to resolve designated challenges expeditiously, has been continuing to grow as competitors take advantage of the streamlined process. Read More ›
NAD Examines Blue Apron’s “Canceling Meals is Easy” Claim
The National Advertising Division of the Council of Better Business Bureaus (“NAD”) recently reviewed claims made by subscription-based meal kit company Blue Apron related to its subscription cancellation process. In doing so, NAD has provided additional guidance as to what is expected from companies that enroll customers in automatically renewing continuity programs from a self-regulatory perspective. Read More ›
Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was interviewed on Round Table Group’s Engaging Experts podcast in an episode entitled “How to Effectively Deal With False Advertising Disputes.” The episode explores various options for responding to false advertising claims and examines the variety of directions a business can take regarding an advertising dispute. Topics include how lawsuits concerning false representations have been filed under the Lanham Act, the founding of the National Advertising Division (NAD), strategies in a well-constructed cease and desist letter, and more. Read More ›
NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)
In a quintessential Covid-era case, following part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) requested substantiation for claims made by Ontel Products Corporation in respect of its “Safe & Healthy” branded portable UV-C sanitizing light. Read More ›
Olshan Presents Consumer Protection Update Webinar Hosted by ABA
Olshan Advertising attorneys Andrew Lustigman, Scott Shaffer, Mary Grieco and Morgan Spina presented a webinar for the Consumer Protection Monthly Update hosted by the American Bar Association Antitrust Law Section. Read More ›
NAD Announces Fast-Track SWIFT Challenge Process
To expedite advertising challenges on discrete issues, the National Advertising Division (NAD) of the Better Business Bureau has launched a new fast-track process. The new process will resolve eligible matters within 20 business days from initiation of the challenge. Read More ›
NAD Recommends Discontinuance of Aleve’s “Proven Better on Pain than Tylenol” Claims
The National Advertising Division of the Council of Better Business Bureaus (“NAD”) recently recommended that Bayer Healthcare LLC (“Bayer” or the “advertiser”) discontinue particular comparative superiority claims for Aleve, including “Proven Better on Pain than Tylenol,” following a challenge by Johnson & Johnson Consumer Inc., maker of Tylenol products. The decision shows the scrutiny NAD will give to broad and unqualified superior efficacy claims. Read More ›
NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance
Marketers frequently tout “limited time” bonus offers that appear to continue for an inordinate amount of time. A recent decision of the National Advertising Division ("NAD") of the Council of Better Business Bureaus relating to such an offer makes clear that a “limited time” offer must indeed be so. Read More ›
NAD Finds “#1” Claims Supported in Two Recent Decisions
The National Advertising Division of the Better Business Bureau (“NAD”) recently found two separate “#1” claims to be sufficiently supported, thereby providing valuable insight to advertisers regarding the type and degree of information required to support such a claim. Read More ›
The Use of Consumer Perception Surveys in NAD Cases and How to Get Them Right
The use of consumer perception surveys before the National Advertising Division (“NAD”) is an important tool for advertisers who are challenging and defending advertisements. NAD often expresses a wish to see surveys in their opinions, and surveys are one way for NAD to determine the messages conveyed to consumers in advertisements. On December 7th, the Advertising Self-Regulatory Counsel (“ASRC”) hosted an informative conference on consumer perception surveys which gave insight into the use of such surveys before NAD over the last five years and guidance into what makes a good survey from experts and from the perspective of NAD. Read More ›